New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 4

4 Definitions

(1) In this Act--

"administrative employee" means any member of the NSW Police Force other than a police officer.

"administrative employee complaint" --see section 12.

"administrative employee misconduct" --see section 9 (2).

"agency complaint" --see section 12.

"agency maladministration" --see section 11 (1).

"approved former police officer" --see section 8 (1).

"Assistant Commissioner" means an Assistant Commissioner appointed under section 20.

"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .

"Chief Commissioner" means the Chief Commissioner appointed under section 18.

"coercive examination power" --see section 15.

"Commission" means the Law Enforcement Conduct Commission constituted by this Act.

"Commission investigator" means an officer of the Commission who is designated by the Commission as an investigator and who is issued by the Commission with means of identification as a Commission investigator.

"Commission misconduct matters" --see section 122 (2) (b).

"Commissioner" means the Chief Commissioner or other Commissioner of the Commission appointed under section 18.

"complainant" --see section 12.

"complaint" --see section 12.

"correctional centre" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 .

"corrupt conduct" has the same meaning as in the Independent Commission Against Corruption Act 1988 .

"Crime Commission" means the New South Wales Crime Commission.

"Crime Commission complaint" --see section 12.

"Crime Commission investigation" , in relation to a complaint or misconduct information about conduct of the Crime Commission that is (or could be) agency maladministration or conduct of a Crime Commission officer that is (or could be) Crime Commission officer misconduct or officer maladministration means--

(a) an investigation by the Crime Commission under the Crime Commission Act 2012 , or

(b) action taken by the Crime Commissioner to deal with an allegation of misconduct by a Crime Commission officer under the Government Sector Employment Act 2013 .

"Crime Commission officer" means any of the following--

(a) the Crime Commissioner for the Crime Commission,

(b) an Assistant Commissioner for the Crime Commission,

(c) any other officer of the Crime Commission within the meaning of the Crime Commission Act 2012 .

"Crime Commission officer misconduct" --see section 9 (3).

"Crime Commissioner" means the Commissioner for the Crime Commission.

"criminal offence" , in relation to any conduct, means a criminal offence under the law of the State or under the law of any other jurisdiction that is relevant to the conduct in question.

"critical Crime Commission information" --see section 179.

"critical incident" --see section 108.

"critical police information" --see section 179.

"disciplinary infringement" includes any misconduct, irregularity, neglect of duty, breach of discipline or substantial breach of a code of conduct or other matter that constitutes or may constitute grounds for disciplinary action under any law.

"disciplinary proceedings" means proceedings or action taken in relation to a disciplinary infringement.

Note :
"Disciplinary proceedings" are defined differently in section 30.

"examination" means an investigation by way of public or private hearing under Division 3 of Part 6.

"examining Commissioner" means the Commissioner holding an examination under section 62 and includes, where an Assistant Commissioner is appointed under section 20 to carry out an examination, the Assistant Commissioner.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"ICAC Commissioner" means the Commissioner for the Independent Commission Against Corruption.

"Independent Commission Against Corruption" or
"ICAC" means the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 .

"Inspector" means the Inspector appointed under section 120.

"investigation" means an investigation by the Commission under Part 6 and includes, in relation to serious misconduct or serious maladministration, an examination under that Part.

"investigation power" means a power conferred by Part 6 and includes, in relation to conduct that is (or could be) serious misconduct or serious maladministration, the power to conduct an examination.

"Joint Committee" --see section 130.

"Judge" means a Judge of a court of the State.

"medical practitioner" has the same meaning as in the Health Practitioner Regulation National Law (NSW) .

"misconduct information" --see section 13.

"misconduct matter" means--

(a) a complaint, or

(b) misconduct information.

"misconduct matters information system" is the system required to be kept under section 128 of the Police Act 1990 .

"misconduct matters management guidelines" --see section 14.

"notifiable misconduct matter" --see section 14.

"officer maladministration" --see section 11 (2).

"officer misconduct" means police misconduct, administrative employee misconduct or Crime Commission officer misconduct.

"officer of the Children's Guardian" includes the following--

(a) an acting Children's Guardian,

(b) a Deputy Children's Guardian,

(c) an Assistant Children's Guardian.

"officer of the Commission" means the following--

(a) a Commissioner,

(b) an Assistant Commissioner,

(c) a member of staff of the Commission.

"officer of the Inspector" means the Inspector or a member of staff of the Inspector.

"officer of the Ombudsman" includes the following--

(a) an acting Ombudsman,

(b) a Deputy Ombudsman,

(c) an Assistant Ombudsman.

"oversight" of an agency by the Commission means holding the agency to account through the scrutiny, review and monitoring by the Commission under this Act of the exercise by the agency of its functions.

"police complaint" --see section 12.

"police investigation" means--

(a) in relation to an agency complaint or misconduct information about conduct of the NSW Police Force that is (or could be) agency maladministration--investigation by the NSW Police Force under Part 8A of the Police Act 1990 , or

(b) in relation to a police complaint or misconduct information about conduct of a police officer that is (or could be) police misconduct or officer maladministration--investigation by the NSW Police Force under Part 8A of the Police Act 1990 , or

(c) in relation to an administrative employee complaint or misconduct information about conduct of an administrative employee that is (or could be) administrative employee misconduct or officer maladministration--action taken by the Commissioner of Police to deal with an allegation of misconduct by an administrative employee under the Government Sector Employment Act 2013 .

Note : The Government Sector Employment Regulation 2014 prescribes that part of the NSW Police Force comprising administrative employees as a government sector agency for the purposes of sections 69 and 70 of the Government Sector Employment Act 2013 and Part 8 of the Government Sector Employment Rules 2014 .

"police misconduct" --see section 9 (1).

"police officer" means a member of the NSW Police Force holding a position that is designated under the Police Act 1990 as a position to be held by a police officer.

"preliminary investigation" --see section 52.

"premises" includes any structure, building, aircraft, vehicle, vessel or place (whether built on or not), or any part thereof.

"production requirement" means the following--

(a) a requirement under section 54 to produce a statement of information,

(b) a requirement under section 55 to produce a document or other thing,

(c) a power under section 69 to summon a person to produce a document or other thing.

"public authority" has the same meaning as in the Independent Commission Against Corruption Act 1988 .

"public official" has the same meaning as in the Independent Commission Against Corruption Act 1988 , and includes a former public official.

"psychologist" has the same meaning as in the Health Practitioner Regulation National Law (NSW) .

"release order" means an order under section 71.

"search warrant" means a search warrant issued under this Act.

"serious maladministration" --see section 11 (3).

"serious misconduct" --see section 10.

"special legal qualifications" --see section 5.

"special report" --see sections 138 and 140.

"staff of the Commission" --see section 21.

"task force" includes a body of persons that is similar to a task force, however the body is described.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.