New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 108

108 Interpretation

(1) In this Part--

"crime scene" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 .

"critical incident" means an incident declared to be a critical incident under section 111.

"critical incident guidelines" --see section 109.

"defensive equipment" means equipment (such as a Taser gun, capsicum spray, baton or handcuffs) issued to a member of the NSW Police Force for the purpose of exercising the functions of a police officer.

"investigation cessation notice" --see section 112 (3).

"investigatory powers" , in relation to a crime scene, means powers referred to in section 95 (1) (e), (g), (h), (l) and (m) of the Law Enforcement (Powers and Responsibilities) Act 2002 .

"monitoring powers" --see section 114.

"nominated contact" , in relation to the investigation of a critical incident, means the senior critical incident investigator or a member of the NSW Police Force nominated by the senior critical incident investigator as the nominated contact.

"police operation" means any activity engaged in by a police officer while exercising the functions of a police officer other than an activity for the purpose of a search and rescue operation.

"police vehicle" means a vehicle used or operated for the purpose of police operations.

"senior critical incident investigator" means the police officer in charge of the investigation of a critical incident.

"serious injury" to a person means an injury that threatens or is likely to threaten the life of the person or that results, or is likely to result, in the person sustaining permanent and significant physical impairment or disfigurement and includes the infliction of a grievous bodily disease on the person or the destruction of the foetus of a pregnant woman.

"vehicle" means a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013 and includes an aircraft or vessel.

(2) Subject to the regulations, a reference in this Part to the
"conclusion of a critical incident investigation" is a reference to the final report of the police officers investigating a critical incident given after the conclusion of all criminal or coronial proceedings arising out of the critical incident.

(3) A reference in this Part to a
"person in custody" is a reference to a person who has been detained by, or is otherwise in the custody of, a police officer, including being placed under arrest or being apprehended or being taken to or from a mental health facility under the Mental Health Act 2007 or to or from a hospital or other medical facility.