New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 162

162 Referral of matter to authorities other than Commissioner of Police or Crime Commissioner

(1) The Commission may, before or after the investigation of a matter (whether or not the investigation is completed or any opinions have been formed), refer the matter for investigation or other action, or for information, to any person or body (other than the Commissioner of Police or the Crime Commissioner) it considers to be appropriate in the circumstances.

Note : Section 47 provides for the reference of matters to the Commissioner of Police and Crime Commissioner.

(2) The person or body to whom a matter is referred is called in this section a
"relevant authority" .

(3) The Commission may, when referring a matter, recommend what action should be taken by the relevant authority and the time within which it should be taken.

(4) The Commission must not refer a matter to a person or body except after appropriate consultation with the person or body and after taking into consideration the views of the person or body.

(5) The Commission may communicate to the relevant authority any information that the Commission has obtained in connection with the matter.

(6) If the Commission communicates information to a person or body on the understanding that the information is confidential, the person or body is subject to the secrecy provisions of section 180 in relation to the information.

(7) The Commission may, if it considers it to be appropriate, oversee the progress of an investigation or action taken by a relevant authority in relation to a matter referred to it.

(8) For the purpose of overseeing the progress, the Commission may confer with officers of the relevant authority and request reports on the progress from the relevant authority.

(9) The Commission may, when referring a matter, request the relevant authority to submit to the Commission a report or reports in relation to the matter and any investigation or other action taken by the relevant authority.

(10) The relevant authority may deal with a matter referred to it under this section in such manner as it thinks appropriate, having regard, and subject to, any statutory requirements applicable to it.

(11) The Commission does not have a power of control, supervision or direction in relation to a matter referred under this section, and any oversight or other function with respect to an investigation or other action taken by the relevant authority is to be carried out in accordance with arrangements agreed with the relevant authority. However, it is the duty of the relevant authority to co-operate with the Commission in the exercise of its functions with respect to the referred matter.

(12) The Commission may decide that the Commission is to investigate any matter referred under this section even though the relevant authority has investigated or taken other action with respect to the matter.