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LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 32
Inspection of records and reports
32 Inspection of records and reports
(1) The Commission must keep under scrutiny the systems established within the
NSW Police Force and the Crime Commission for dealing with misconduct matters.
For that purpose, the Commission may request the Commissioner of Police and
the Crime Commissioner to provide information about those systems and their
operation.
(2) Without limiting subsection (1), for the purpose of
ascertaining whether or not the requirements of this Act and Part 8A of the
Police Act 1990 are being complied with by the Commissioner of Police and
other members of the NSW Police Force, the Commission-- (a) must inspect the
records of the NSW Police Force at least once every 12 months, and
(b) may
inspect the records of the NSW Police Force at any time.
(3) Without limiting
subsection (1), for the purpose of ascertaining whether or not the
requirements of this Act are being complied with by the Crime Commissioner and
officers of the Crime Commission, the Commission-- (a) must inspect the
records of the Crime Commission at least once every 12 months, and
(b) may
inspect the records of the Crime Commission at any time.
(4) The Commissioner
of Police and the Crime Commissioner must comply with a request under
subsection (1).
(5) The Commission may, at any time, prepare a report on
matters arising out of the exercise of the Commission's functions under this
section.
(6) The report may include such comments and recommendations as the
Commission thinks fit.
(7) The Commission is to provide a copy of the report
to the Minister and the Commissioner of Police or the Crime Commissioner (as
appropriate).
(8) If the Commission makes a recommendation in the report, it
may require the Commissioner of Police or Crime Commissioner-- (a) to advise
on whether the recommendation will be implemented, and
(b) if the
recommendation will not be implemented--to give the reasons for not
implementing the recommendation.
(9) Information must be provided in
accordance with this section despite the Privacy and Personal Information
Protection Act 1998 and the Health Records and Information Privacy Act 2002
but only to the extent that it is relevant to the exercise of a function of
the Commission under this section.
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