New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 143

143 Persons to be heard

(1) Before including in a report under section 27 or 32 or this Part any comment about a person that the Commission or the Inspector considers is adverse, the Commission or Inspector must, so far as practicable--

(a) inform that person of the substance of the grounds of the adverse comment, and

(b) give the person an opportunity to make submissions.

(2) The Commission is taken to have complied with this section if the Commission has held an examination at which the person who is the subject of the adverse comment concerned was informed of the substance of the grounds of the adverse comment and given an opportunity to make submissions.

(3) The Inspector is taken to have complied with this section if it has held an inquiry under section 126 (Inquiries) at which the person who is the subject of the adverse comment concerned was informed of the substance of the grounds of the adverse comment and given an opportunity to make submissions.

(4) This section applies only to the following reports--

(a) a report by the Commission in relation to any matter that has been or is the subject of an investigation by the Commission,

(b) a report by the Inspector in relation to any Commission misconduct matter,

(c) a report by the Commission in relation to a matter arising out of the functions of the Commission under section 27 or 32.