New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 19

19 Exercise of Commission's functions

(1) Except as otherwise provided by this section, the functions of the Commission are exercisable by a Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by a Commissioner is taken to have been done by the Commission.

(2) A decision of the Commission to exercise any of the following functions must be authorised by the Chief Commissioner after consulting with the other Commissioner--

(a) a decision under sections 44 (1) (a) and 51 (1), made after taking into account the relevant factors set out in sections 45 and 46, that conduct is (or could be) serious misconduct, serious maladministration, police misconduct, Crime Commission officer misconduct, officer maladministration or agency maladministration and should be investigated,

(b) a decision to hold an examination under Division 3 of Part 6 (except where there is a duty to hold an examination into conduct referred by Parliament for investigation under section 196),

(c) a decision under Division 3 of Part 6 to hold an examination (or part of an examination) in public,

(d) a decision under section 79 (2) that there are reasonable grounds to issue a search warrant,

(e) a decision under section 23 (1) to delegate a function of the Commission.

(3) A decision of the Commission referred to in subsection (2) is presumed to have been duly authorised unless the contrary is established.

(4) A decision of the Chief Commissioner prevails in the event of an inconsistency in the decisions of Commissioners with respect to a matter.