New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 133

133 Decision of Commissioner as to investigation of notifiable misconduct matter concerning police misconduct or officer or agency maladministration

(1) This section applies to and in respect of a decision made by the Commissioner under section 131 with respect to a notifiable misconduct matter concerning police misconduct, officer maladministration or agency maladministration notified to the LECC in accordance with section 130 (3).

(2) If the LECC agrees with the Commissioner's decision to investigate the misconduct matter--

(a) the Commission must notify the Commissioner, and

(b) the Commissioner must notify the complainant of the decision, and

(c) the Commissioner must cause the misconduct matter to be investigated under this Part and may, if of the opinion that it is appropriate to do so, notify the police officer whose conduct is the subject of the misconduct matter of the decision.

(3) If the LECC either disagrees with the Commissioner's decision not to investigate the misconduct matter or considers that the misconduct matter should be investigated by the LECC under Part 6 of the Law Enforcement Conduct Commission Act 2016 --

(a) the LECC must notify the Commissioner and the complainant of that fact, and

(b) the Commissioner must cause the misconduct matter to be investigated under Division 5 of this Part or the LECC may conduct the investigation under Part 6 of that Act.

(4) If the LECC and the Commissioner are unable to reach agreement, the LECC's opinion is to be determinative of the matter.