New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 100

100 Decision of Crime Commissioner as to investigation of notifiable misconduct matter relating to Crime Commission officer misconduct, officer maladministration or agency maladministration

(1) This section applies to and in respect of a decision made by the Crime Commissioner under section 11A of the Crime Commission Act 2012 with respect to a notifiable misconduct matter relating to Crime Commission officer misconduct, officer maladministration or agency maladministration.

(2) If the Commission agrees with the Crime Commissioner's decision to investigate or otherwise deal with the misconduct matter--

(a) the Commission must notify the Crime Commissioner, and

(b) the Crime Commissioner must notify the complainant of the decision, and

(c) the Crime Commissioner must cause the misconduct matter to be investigated or otherwise dealt with and may, if of the opinion that it is appropriate to do so, notify the Crime Commission officer whose conduct is the subject of the misconduct matter of the decision.

(3) If the Commission either disagrees with the Crime Commissioner's decision not to investigate the misconduct matter or considers that the misconduct matter should be investigated by the Commission under Part 6--

(a) the Commission must notify the Crime Commissioner and the complainant of that fact, and

(b) the Crime Commissioner must cause the misconduct matter to be investigated or the Commission may investigate it under Part 6.

(4) If the Commission and the Crime Commissioner are unable to reach agreement, the Commission's opinion is determinative of the matter.