New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 21

21 Staff of Commission

(1) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commission and the Commissioners to exercise their functions. The persons so employed are to be employed in a separate Public Service agency and may (together with the persons referred to in subsections (2) and (3)) be referred to as members of staff of the Commission.

Note : Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the Constitution Act 1902 precludes the Commission from employing staff. The employer functions of the Government are to be exercised by a Chief Executive Officer (other than the functions of employing and terminating the employment of the Chief Executive Officer).

(2) The Commission may also--

(a) arrange for the use of the services of any staff or facilities of a Public Service agency or a local or public authority, or

(b) arrange for the use of the services of any staff who are employed by or for or assigned to the person who is Chief Commissioner, in his or her capacity as the holder of some other position (for example, as a Judge), or

(c) engage persons as consultants to the Commission or to perform services for it.

(3) Without limiting subsection (2), the Commission may arrange--

(a) for the use of the services of a police officer (whether by secondment or otherwise) to assist the Commission in carrying out any function other than a coercive examination power, or

(b) for--

(i) a member of the Australian Federal Police, or

(ii) a member of the Police Force of another State or Territory, or

(iii) a member of the Police Force of any prescribed foreign country,

to be seconded or otherwise engaged to assist the Commission.

(4) However, police officers and former police officers cannot be appointed to, employed in or engaged by, or seconded to the service of, the Commission for the purpose of exercising or assisting in the exercise of any power conferred under Part 6 with respect to conduct that is (or could be) serious misconduct or serious maladministration and arrangements cannot be made under subsection (3) for the use of their services for such a purpose.

(5) Subsection (4) does not, however, prevent arrangements being made by the Commission for police officers (in their capacity as police officers) to be otherwise involved in--

(a) the work of task forces with which the Commission is involved, or

(b) carrying out or participating in investigations for or on behalf of or under the direction of the Commission.

(6) While performing services for the Commission, a police officer retains rank, seniority and remuneration as a police officer and may continue to act as a constable.