New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 113
Critical incident investigations
(1) The Commissioner of Police is to ensure that the actions of members of the
Police Force involved in a critical incident at the time of, and leading to,
the critical incident are fully and properly investigated by the NSW Police
Force.
(2) Without limiting subsection (1), the investigation of a
critical incident is to include an examination and report to each
appropriate authority on any of the following that is applicable-- (a) the
lawfulness and reasonableness of the actions of the members of the Police
Force involved in the critical incident,
(b) the extent to which those
members complied with relevant legislation and policies, practices and
procedures of the NSW Police Force,
(c) any complaint about the conduct of
those members that has been referred to the
senior critical incident investigator,
(d) any evidence of officer misconduct
by those members,
(e) the need (if any) for changes to relevant policies,
practices and procedures of the NSW Police Force,
(f) any systemic, safety or
procedural issues arising from the actions of those members.
(3) The
investigation is to be carried out so far as is practicable and operationally
appropriate in conformity with the critical incident guidelines.
(4) However
the critical incident guidelines are not mandatory and a departure from the
guidelines does not in itself affect or invalidate an investigation.
(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.
(6) The Commission may decide to
investigate a complaint referred to it under subsection (5) despite section 44
(9).
(7) In this section--
"appropriate authority" means the following-- (a) for any investigation of a
critical incident--the Commissioner of Police,
(b) for any investigation of a
critical incident monitored by the Commission--the Commission,
(c) for any
investigation of a critical incident involving the death of a person--the
coroner.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback