New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 11

11 Maladministration

(1) For the purposes of this Act,
"agency maladministration" means any conduct (by way of action or inaction) of the NSW Police Force or the Crime Commission other than excluded conduct--

(a) that is unlawful (that is, constitutes an offence or is corrupt conduct or is otherwise unlawful), or

(b) that, although it is not unlawful--

(i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or

(ii) arises, wholly or in part, from improper motives, or

(iii) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration, or

(iv) arises, wholly or in part, from a mistake of law or fact, or

(v) is conduct of a kind for which reasons should have (but have not) been given, or

(c) that is engaged in in accordance with a law or established practice, being a law or practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its effect.

(2) For the purposes of this Act,
"officer maladministration" means any conduct (by way of action or inaction) of a police officer, administrative employee or Crime Commission officer that, although it is not unlawful (that is, does not constitute an offence or corrupt conduct)--

(a) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or

(b) arises, wholly or in part, from improper motives, or

(c) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration, or

(d) arises, wholly or in part, from a mistake of law or fact, or

(e) is conduct of a kind for which reasons should have (but have not) been given.

(3) For the purposes of this Act, agency maladministration or officer maladministration is
"serious maladministration" --

(a) in the case of an agency--if the conduct involved is unlawful (that is, constitutes an offence or is corrupt conduct or is otherwise unlawful), or

(b) in the case of an agency or officer--if the conduct involved is of a serious nature and, although it is not unlawful--

(i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or

(ii) arises, wholly or in part, from improper motives.

(4) In this section--

"excluded conduct" means any of the following--

(a) conduct of the Crime Commission in relation to a decision that could be the subject of an application for review by the Supreme Court under section 33 of the Crime Commission Act 2012 ,

(b) conduct of the Crime Commission or Crime Commission officers in relation to the carrying on or determination of a hearing under Division 4 of Part 2 of the Crime Commission Act 2012 or any proceeding relating to an investigation conducted by the Crime Commission,

(c) conduct of the Crime Commission or its officers where acting as a legal advisor to a public authority or as a legal representative of a public authority (including as counsel assisting a public authority),

(d) conduct of the Crime Commission or its officers relating to the carrying on of any proceedings before a court (including a coronial inquiry and committal proceedings before a magistrate) or before any other person or body before whom witnesses may be compelled to appear and give evidence,

(e) conduct in carrying out the functions of an executive officer or member of the Management Committee of the Crime Commission.