New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 115

115 Monitoring critical incident investigations

(1) It is the duty of the Commissioner of Police and police officers involved in investigating a critical incident under section 113, and the Commission in monitoring an investigation under section 114, to work co-operatively in the exercise of their respective functions to ensure the critical incident is investigated in a competent, thorough and objective manner.

(2) The Commissioner of Police and any police officers involved in investigating a critical incident--

(a) must comply with any arrangements agreed between the Commissioner of Police and the Commission in relation to the investigation, and

(b) must co-operate with the Commission by providing it with such reasonable support and assistance as is necessary for it to carry out its monitoring function.

(3) The Commission must exercise its monitoring function--

(a) in accordance with any arrangements agreed between the Commission and the Commissioner of Police as to the manner in which that function is to be exercised, and

(b) if the investigation involves a coronial investigation scene within the meaning of Chapter 5 of the Coroners Act 2009 , any directions of the coroner.

(4) The Commission cannot control, supervise, direct or interfere with the carrying out by the police officers of their function of investigating a critical incident.

(5) In particular, and without limiting subsection (4), a Commissioner or other officer of the Commission attending the place where a critical incident occurred under section 114 (3) (a) must not interfere with the carrying out of the functions of police officers at that place and must comply with any reasonable direction concerning the preservation of the integrity of a crime scene at that place given by the nominated contact or a person authorised to give such a direction by the nominated contact.

(6) All communication between the Commission in the exercise of its monitoring function and police officers investigating a critical incident must be made through the nominated contact for that critical incident.

(7) In determining the arrangements referred to in subsections (2) and (3), the Commission and the Commissioner of Police are to consult with the coroner and take into account any recommendations made by the coroner.

(8) If any arrangement referred to in subsection (3) is inconsistent with any direction of the coroner referred to in that subsection, the direction of the coroner is (to the extent of the inconsistency) to apply for the purposes of that subsection.