New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 46

46 Factors affecting decision to investigate serious misconduct or serious maladministration

The factors that the Commission may take into account in deciding whether the Commission is to investigate conduct it has decided falls within (or could fall within) the description of serious misconduct or serious maladministration are as follows--

(a) the apparent level of criminality or systemic nature of the conduct and the Commission's responsibility to direct the Commission's attention to serious matters affecting the integrity of the NSW Police Force and Crime Commission,

(b) the primary responsibility of the NSW Police Force to investigate and prevent officer misconduct, officer maladministration and agency maladministration within the NSW Police Force,

(c) the primary responsibility of the Crime Commission to investigate and prevent officer misconduct, officer maladministration and agency maladministration within the Crime Commission,

(d) the availability of the Commission or any other public authority or official with the responsibility, jurisdiction or power to investigate conduct of the kind concerned,

(e) if the conduct is related to conduct that the Commission is already investigating, the relationship to any other on-going investigation of the Commission,

(f) the complexity of the matter,

(g) the number and seniority of police officers, administrative employees or Crime Commission officers involved.