New South Wales Consolidated Acts

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 58

58 Power to enter public premises

(1) For the purposes of an investigation, a Commissioner or an officer of the Commission authorised in writing by the Commission may, at any time--

(a) enter and inspect any premises occupied or used by a public authority or public official in that capacity, and

(b) inspect any document or other thing in or on the premises, and

(c) take copies of any document in or on the premises.

(2) The public authority or public official must make available to the Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised.

(3) The powers conferred by this section must not be exercised if it appears to the Commissioner or authorised officer that any person has a ground of privilege under which, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production.

(4) The powers may, however, be exercised despite--

(a) any rule of law that, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest, or

(b) any privilege of a public authority or public official in that capacity that the authority or official could have claimed in a court of law, or

(c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official.