New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 104

104 Commission may request further investigation of misconduct matter

(1) If the Commission is not satisfied that a misconduct matter has been properly investigated by the Commissioner of Police, the Commission may request the Commissioner of Police to cause a further police investigation to be conducted, specifying what are, in the Commission's opinion, the deficiencies in the earlier police investigation.

(2) If the Commission makes such a request, the Commissioner of Police--

(a) may, but is not obliged to, cause a further police investigation to be conducted, and

(b) in either case, must notify the Commission of the Commissioner of Police's decision on the request and (if the decision is not to cause a further investigation to be conducted) of the Commissioner of Police's reasons for the decision.

(3) If the Commission is not satisfied that a misconduct matter has been properly investigated by the Crime Commissioner, the Commission may request the Crime Commissioner to cause a further Crime Commission investigation to be conducted, specifying what are, in the Commission's opinion, the deficiencies in the earlier Crime Commission investigation.

(4) If the Commission makes such a request, the Crime Commissioner--

(a) may, but is not obliged to, cause a further Crime Commission investigation to be conducted, and

(b) in either case, must notify the Commission of the Crime Commissioner's decision on the request and (if the decision is not to cause a further investigation to be conducted) of the Crime Commissioner's reasons for the decision.

(5) This Part applies to and in respect of a further investigation under this section in the same way as it applies to and in respect of the earlier investigation.