New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 23

23 Delegation

(1) Delegation by Commission The Commission may delegate to an authorised person any of the functions of the Commission or of a Commissioner, other than this power of delegation.

(2) Sub-delegation A delegate may sub-delegate to an authorised person any function delegated under subsection (1) if the delegate is authorised in writing to do so.

(3) Limitations on delegation The following functions may not be delegated--

(a) a function conferred under section 19 (2),

(b) a coercive examination power.

Note--: Subsection (3)(a) prevents the delegation of functions of the Commission that may only be exercised by the Chief Commissioner after consulting with the other Commissioner.

(4) Any other function conferred on the Commission or a Commissioner under Part 6 with respect to conduct that is (or could be) serious misconduct or serious maladministration may not be delegated to a person who is a police officer or former police officer.

(5) In this section--

"authorised person" means--

(a) a Commissioner, or

(b) an Assistant Commissioner, or

(c) the Chief Executive Officer or any other member of staff of the Commission.