New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 34

34 Integrity matters

(1) It is the duty of the Commissioner, before recommending the appointment of, or appointing, a person as a NSW Police Force senior executive--

(a) to make inquiries (from the LECC, and the Commander, Professional Standards Command, and from any other person or body the Commissioner considers appropriate) as to the person's integrity, and

(b) to have regard to any information that comes to the Commissioner's attention (whether as a result of inquiries under paragraph (a) or otherwise) as to the person's integrity.

(2) The LECC, subject to the Law Enforcement Conduct Commission Act 2016 , and the Commander, Professional Standards Command, are required to furnish a report to the Commissioner (on the basis of the information available to the Commission or the Commander and without the need for any special investigation or inquiry) on the person the subject of an inquiry by the Commissioner.

(3) As soon as practicable after a person is appointed as a NSW Police Force senior executive, the Commissioner is required to notify the LECC of the identity of the person so appointed.

(4) The Commissioner must, before recommending the appointment of, or appointing, a person as a NSW Police Force senior executive--

(a) require the person to provide a statutory declaration, in such form (if any) as may be prescribed by the regulations, that the person has not knowingly engaged in specified misconduct or any other misconduct, and

(b) have regard to the statutory declaration so provided.

(5) Subsection (4) does not apply to a person who is not, and has never been, a police officer (whether a member of the NSW Police Force, or the Police Force, by whatever name described, of another State or Territory, or of another country).

(6) A person who does not provide a statutory declaration in accordance with a requirement under subsection (4) is ineligible for appointment.

(7) The fact that a person does not provide a statutory declaration in accordance with such a requirement is not to be taken into consideration for a purpose other than the assessment of the person's eligibility to be appointed as a NSW Police Force senior executive.

(8) In the case of the appointment of a person as the Commander, Professional Standards Command, the functions of that Commander under this section are to be exercised by a Deputy Commissioner nominated by the Commissioner.