9ARecording and monitoring of communications

9A Recording and monitoring of communications

9A Recording and monitoring of communications

(1) This section applies if a memorandum of understanding in relation to a participant contains a provision of the kind referred to in section 8(2)(c2).

(2) The Commissioner of Police may record or monitor the participant’s communications with another person, other than the following persons—

(a) the participant’s legal representative,

(b) a member of staff of the Commission,

(c) the Inspector,

(d) a member of the NSW Police Force who is exercising functions in relation to police misconduct investigations.

(3) The following must not be used in legal proceedings against a person who is not the participant—

(a) a recording obtained in accordance with the memorandum of understanding,

(b) a transcript or report of the recording.

(4) Subsection (2) does not authorise the Commissioner of Police to intercept communications passing over a telecommunications system.

s 9A: Ins 2024 No 89, Sch 1[13].