Law Enforcement Conduct Commission Act 2016 (NSW)

Law Enforcement Conduct Commission Act 2016 No 61

An Act to constitute the Law Enforcement Conduct Commission and to define its functions; to repeal the Police Integrity Commission Act 1996 and amend Part 8A of the Police Act 1990 and the Ombudsman Act 1974; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Law Enforcement Conduct Commission Act 2016.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Parts 1–3 of, and Schedules 1–3 and 7 to, this Act commence on the date of assent to this Act.

3 Objects of Act The objects of this Act are as follows— (a) to promote the integrity and good repute of the NSW Police Force and the Crime Commission by ensuring that they properly carry out their functions and responsibilities in relation to the handling of complaints (and information that the Commission becomes aware of otherwise than through a complaint that indicates or suggests conduct is (or could be) officer misconduct or officer maladministration or agency maladministration), (b) to provide for the independent detection, investigation and exposure of serious misconduct and serious maladministration within the NSW Police Force and the Crime Commission that may have occurred, be occurring, be about to occur or that is likely to occur, (c) to provide for independent oversight and review (including, where appropriate, real time monitoring and review) of the investigation by the NSW Police Force of misconduct matters concerning the conduct of its members and the Crime Commission concerning its officers, (d) to prevent officer misconduct and officer maladministration and agency maladministration within the NSW Police Force and the Crime Commission by— (i) providing for the identification of systemic issues that are likely to be conducive to the occurrence of officer misconduct, officer maladministration and agency maladministration, and (ii) assessing the effectiveness and appropriateness of their procedures relating to the legality and propriety of activities of their members and officers, and (iii) encouraging collaborative evaluation of opportunities for, and implementation of, desirable changes in such procedures, and (iv) making recommendations with respect to education and training about prevention of officer misconduct, officer maladministration and agency maladministration, (e) to ensure that agencies work collaboratively to support and promote the prevention of officer misconduct, officer maladministration and agency maladministration and to improve their processes and systems, (f) to recognise the primary responsibilities of the NSW Police Force and Crime Commission to investigate and prevent officer misconduct and officer maladministration within those agencies and agency maladministration while providing for oversight of those functions, (g) to foster an atmosphere in which complaints, provision of other information about misconduct and independent oversight are viewed positively as ways of preventing officer misconduct, officer maladministration and agency maladministration, (h) to provide for independent oversight and real time monitoring of critical incident investigations undertaken by the NSW Police Force, (i) to provide for the scrutiny of the exercise of powers by the Law Enforcement Conduct Commission and its officers by an Inspector and for the Commission and for the Inspector to be accountable to Parliament, (j) to provide for the oversight by the Inspector of the use of covert powers under various Acts.