New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 124

124 Powers of Inspector

(1) The Inspector may do any of the following--

(a) investigate any aspect of the Commission's operations or any conduct of officers of the Commission,

(b) require officers of the Commission to supply information or produce documents or other things about any matter, or any kind of matter, relating to the Commission's operations or any conduct of officers of the Commission,

(c) require officers of the Commission to attend before the Inspector to answer questions or produce documents or other things relating to the Commission's operations or any conduct of officers of the Commission,

(d) investigate and assess Commission misconduct matters,

(e) refer matters relating to the Commission or officers of the Commission to other agencies for consideration or action,

(f) recommend disciplinary action or criminal prosecution against officers of the Commission.

(2) The Inspector is entitled to full access to the records of the Commission and to take or have copies made of any of them.

(3) A referral of a matter under this section to another agency for consideration or action must specify in writing the terms of the referral.

(4) Without affecting the power of the Inspector to make a report under Part 11, the Inspector may, at any time--

(a) make a recommendation or report concerning any matter relating to the functions of the Inspector under this section that the Inspector considers may effectively be dealt with by recommendation or report under this section, and

(b) provide the report or recommendation (or any relevant part of it) to the Commission or an officer of the Commission, a person who made a complaint or any other affected person.

(5) If the Inspector makes a recommendation to the Commission, the Inspector may require the Commission to provide to the Inspector, within a reasonable time specified by the Inspector, advice as to whether it intends to implement the recommendation and, if not, the reasons for not doing so.

(6) If the Inspector is not satisfied that the Commission has duly and properly taken action in connection with a report or recommendation made to the Commission by the Inspector, the Inspector must inform the Commission of the grounds of the Inspector's dissatisfaction and must give the Commission an opportunity to comment within a specified time.

(7) If, after considering any comments received from the Commission within the specified time, the Inspector is still not satisfied, the Inspector may submit a report to the Minister setting out the recommendation concerned and the grounds of dissatisfaction, together with any comments from the Commission and the Inspector.