26ZOMonitoring by Law Enforcement Conduct Commission

26ZO Monitoring by Law Enforcement Conduct Commission

26ZO Monitoring by Law Enforcement Conduct Commission

(1) The Law Enforcement Conduct Commission is to keep under scrutiny the exercise of powers conferred on police officers or correctional officers under this Part.

(2) For that purpose, the Law Enforcement Conduct Commission may require the Commissioner of Police or any public authority to provide information about the exercise of those powers.

(2A) The Commissioner of Police must provide the information required by the Law Enforcement Conduct Commission, but may provide it subject to any one or more of the following conditions—

(a) that any officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016) who is to have access to the information has been given a security clearance at an appropriate level by the Commonwealth,

(b) that the information is not made public by the Commission without consulting the Commissioner of Police on whether making the information public would reveal police methodology or ongoing operations, or would jeopardise relevant information-sharing relationships,

(c) in the case of information of particular sensitivity identified by the Commissioner of Police, that only Commissioners of the Commission are to have access to the information.

(2B) The Commissioner of Police may only redact or withhold information required by the Law Enforcement Conduct Commission for either or both of the following reasons, and must specify when and the reason the information is redacted or withheld—

(a) the information identifies an informant or a police officer operating covertly,

(b) provision of the information contravenes a law of the Commonwealth.

(3) The Commissioner of Police is to ensure that the Law Enforcement Conduct Commission—

(a) is duly notified of the making of a preventative detention order or prohibited contact order, and given a copy of any such order, and

(b) if a person is taken into custody under a preventative detention order—is duly notified that the person has been taken into custody, and

(c) if an order is revoked—is duly notified of the revocation.