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 114
Commission may monitor conduct of critical incident investigation
(1) The Commission may monitor the conduct of a critical incident
investigation if the Commission decides that it is in the public interest to
do so.
(2) The Commission must notify the Commissioner of Police as soon as
practicable after the Commission decides that the Commission is to monitor the
conduct of a critical incident investigation.
(3) For the purpose of the
Commission monitoring a critical incident investigation, a Commissioner or
other officer of the Commission authorised in writing by a Commissioner may
(subject to section 115) do all or any of the following-- (a) attend a place
where a critical incident occurred (including a place where a crime scene has
been established) for the purpose of observing the exercise by police officers
of any investigatory powers at or in relation to the place, Note : See
section 115 (5).
(b) be given access without unreasonable delay to
transcripts or any recordings of interviews of witnesses of a
critical incident conducted by police officers for the purposes of the
investigation,
(c) with the consent of the person being interviewed and the
senior critical incident investigator, be present as an observer during an
interview conducted by police officers for the purposes of the investigation
or view such an interview by audio visual link,
(d) require the
nominated contact for the critical incident to provide, within the period
specified by the Commission, access to documents obtained or prepared by
police officers for the purposes of the investigation (including any report
about the conduct of the investigation and progress on it). Note :
"" The Interpretation Act 1987 provides that--
"document" means any record of information, and includes-- (a) anything on
which there is writing, or
(b) anything on which there are marks, figures,
symbols or perforations having a meaning for persons qualified to interpret
them, or
(c) anything from which sounds, images or writings can be reproduced
with or without the aid of anything else, or
(d) a map, plan, drawing or
photograph.
(4) Access may be provided under subsection (3) (b) and (d) by
any electronic means that enables the transcript, recording or document to be
viewed and copies made of, or extracts taken from, it.
(5) The Commission may
cease to monitor the conduct of an investigation of a critical incident at any
time.
(6) The Commission must cease to monitor the conduct of an
investigation of a critical incident if the Commission receives an
investigation cessation notice.
(7) The Commission is to give the
senior critical incident investigator notice (verbally or in writing) if it
ceases to monitor the conduct of an investigation of a critical incident.
Note : Under Part 7, the Commission may monitor an on-going
police investigation under Part 8A of the Police Act 1990 of an incident that
ceases to be a critical incident if the on-going investigation relates to
police misconduct.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback