New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
aw Enforcement Conduct Commission
Amendment (Commissioners) Bill 2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Law Enforcement Conduct Commission Act 2016
No 61 3
Schedule 2 Other consequential amendments 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2021
New South Wales
aw Enforcement Conduct Commission
Amendment (Commissioners) Bill 2021
Act No , 2021
An Act to amend the Law Enforcement Conduct Commission Act 2016 to remove the office of the
Commissioner for Oversight and to rename the office of the Commissioner for Integrity as the
Commissioner; and for related purposes.
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Law Enforcement Conduct Commission Amendment (Commissioners)
Act 2021.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 [NSW]
Schedule 1 Amendment of Law Enforcement Conduct Commission Act 2016 No 61
Schedule 1 Amendment of Law Enforcement Conduct
Commission Act 2016 No 61
[1] Section 4 Definitions
Omit the definition of Commissioner. Insert instead--
Commissioner means the Chief Commissioner or other Commissioner of the
Commission appointed under section 18.
[2] Section 4(1), definitions of "Commissioner for Integrity" and "Commissioner for
Oversight"
Omit the definitions.
[3] Section 18 The Commissioners
Omit section 18(1) and (2). Insert instead--
(1) The Commission consists of a Chief Commissioner and 1 other Commissioner
appointed by the Governor.
(2) The other Commissioner may only be appointed with the concurrence of the
Chief Commissioner.
[4] Section 18(5)
Omit the subsection. Insert instead--
(5) A person is not eligible to be appointed as the other Commissioner or to act in
that office if the person is a police officer or a former police officer.
[5] Section 19 Exercise of Commission's functions
Omit "and at least one other Commissioner" from section 19(2).
Insert instead "after consulting with the other Commissioner".
[6] Section 19(4)
Omit "Except as provided by subsection (2), a decision". Insert instead "A decision".
[7] Section 23 Delegation
Omit the note to section 23(3). Insert instead--
Note-- Subsection (3)(a) prevents the delegation of functions of the Commission that
may only be exercised by the Chief Commissioner after consulting with the other
Commissioner.
[8] Section 32 Inspection of records and reports
Omit section 32(8). Insert instead--
(8) If the Commission makes a recommendation in the report, it may require the
Commissioner of Police or Crime Commissioner--
(a) to advise on whether the recommendation will be implemented, and
(b) if the recommendation will not be implemented--to give the reasons for
not implementing the recommendation.
[9] Section 62 Examinations
Omit "by the Commissioner for Integrity" from section 62(1).
Insert instead "Commissioner".
Page 3
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 [NSW]
Schedule 1 Amendment of Law Enforcement Conduct Commission Act 2016 No 61
[10] Section 105 Commission may request review of decision on action to be taken on
misconduct matter
Omit section 105(3)(b). Insert instead--
(b) must notify the Commission whether the decision is to be changed and
if not, the reasons the decision is not to be changed.
[11] Section 111 Declaration of critical incident
Omit section 111(1), note. Insert instead--
Note-- The Commissioner of Police may delegate the Commissioner of Police's
functions under this Part to another member of the NSW Police Force--see the Police
Act 1990, section 31.
[12] Section 113 Critical incident investigations
Omit section 113(5). Insert instead--
(5) Despite subsection (2)(c) and (d), the Commissioner of Police may, if the
Commissioner of Police considers it appropriate, refer a complaint about a
member of the Police Force involved in a critical incident to the Commission
with a recommendation that--
(a) the Commission investigate the complaint, or
(b) the Commission investigate the complaint concurrently with the
investigation by the NSW Police Force.
[13] Schedule 1 Provisions relating to members of the Commission, Assistant
Commissioners and alternate Commissioners
Omit clause 3. Insert instead--
3 Terms of office
(1) Subject to this Schedule, a person may hold office as each of the following for
1 or more terms, not exceeding 5 years in total for each office--
(a) the Chief Commissioner,
(b) a Commissioner, other than the Chief Commissioner.
(2) Nothing in this clause prevents an instrument of appointment from specifying
a term of less than 5 years.
[14] Schedule 1 Provisions relating to members of the Commission, Assistant
Commissioners and alternate Commissioners
Omit "A person is not to be appointed as Chief Commissioner, Commissioner for Integrity
or Commissioner for Oversight" from clause 10(1).
Insert instead "A person must not be appointed as Chief Commissioner or Commissioner".
[15] Schedule 3 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Law
Enforcement Conduct Commission Amendment
(Commissioners) Act 2021
Definitions
In this Part--
Page 4
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 [NSW]
Schedule 1 Amendment of Law Enforcement Conduct Commission Act 2016 No 61
amending Act means the Law Enforcement Conduct Commission Amendment
(Commissioners) Act 2021.
Commissioner for Integrity means the Commissioner for Integrity referred to
in this Act, as in force immediately before the relevant day.
Commissioner for Oversight means the Commissioner for Oversight referred
to in this Act, as in force immediately before the relevant day.
new Commissioner means the other Commissioner referred to in section 18,
as amended by the amending Act.
relevant day means the day on which the amending Act commences.
Commissioner for Integrity continued as new Commissioner
On the relevant day, the person holding office as the Commissioner for
Integrity is taken to be appointed to the office of the new Commissioner for
the balance of the person's term of office.
Powers of Commissioner for Integrity and Oversight regarding matters
relating to Commissioner for Integrity and Commissioner for Oversight
(1) Anything done or omitted to be done under this Act or another Act by the
Commissioner for Integrity or the Commissioner for Oversight is taken to
have been done by the new Commissioner.
(2) Without limiting subclause (1) or another power of the new Commissioner, the
new Commissioner may--
(a) continue an investigation, inquiry, examination or other matter
commenced but not completed by the Commissioner for Integrity or the
Commissioner for Oversight, and
(b) adopt evidence taken, assessments made or opinions formed by the
Commissioner for Integrity or the Commissioner for Oversight.
Page 5
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 [NSW]
Schedule 2 Other consequential amendments
Schedule 2 Other consequential amendments
2.1 Law Enforcement and National Security (Assumed Identities) Act 2010
No 73
Section 39 Delegation of chief officer's functions
Omit "the Commissioner for Integrity" from section 39(4), definition of senior officer,
paragraph (d).
Insert instead "a Commissioner, not being the Chief Commissioner".
2.2 Law Enforcement (Controlled Operations) Regulation 2017
Clause 14 Delegations
Omit "for Integrity" from clause 14(b).
Insert instead ", not being the Chief Commissioner".
2.3 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Section 46C Authority to apply for covert search warrant
Omit ", or the Commissioner for Integrity," from section 46C(1)(b).
Insert instead "or other Commissioner".
2.4 Police Act 1990 No 47
Section 121 Interpretation
Omit ", Commissioner for Integrity and Commissioner for Oversight" from section 121(1),
definition of officers of the LECC, paragraph (a).
Insert instead "and Commissioner".
2.5 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Schedule 1 Public offices
Omit "Full-time Commissioner for Integrity of the Law Enforcement Conduct
Commission" and "Full-time Commissioner for Oversight of the Law Enforcement
Conduct Commission".
Insert instead "Full-time Commissioner of the Law Enforcement Conduct Commission".
Page 6
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021 [NSW]
Schedule 2 Other consequential amendments
2.6 Telecommunications (Interception and Access) (New South Wales)
Act 1987 No 290
Section 3 Definitions
Omit "for Integrity" from section 3(1), definition of certifying officer, paragraph (d)(ii).
Page 7
[Index] [Search] [Download] [Related Items] [Help]