New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 71

71 Integrity matters

(1) Each of the following is a duty of the Commissioner--

(a) before a non-executive police officer participates in a process relating to the person's promotion to the rank of sergeant, inspector or superintendent--to make inquiries as to the integrity of the officer,

(b) before appointing a person by way of promotion as a non-executive police officer--to make inquiries as to the integrity of the person of the following--

(i) the LECC,

(ii) the Commander, Professional Standards Command,

(iii) any other person the Commissioner considers appropriate.

(2) It is the duty of the Commissioner to have regard to any information that comes to the Commissioner's attention (whether as a result of inquiries under subsection (1) or otherwise) as to the integrity of a person referred to in that subsection.

(3) 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 information available to the Commission or the Commander and without the need for any special investigation or inquiry) on any person the subject of an inquiry referred to in subsection (1)(b).

(4) The Commissioner may change a decision to appoint a person under this Part before the person is appointed if the Commissioner receives information as to the person's integrity which causes the Commissioner to form the opinion that the person is not a suitable person to be so appointed.

(5) If the Commissioner changes such a decision, the Commissioner may decide, in accordance with this Part to appoint instead (from the persons who are eligible for appointment) the person who the Commissioner is of the opinion at the time has the greatest merit.

(6) The Commissioner may suspend or remove a person from any part of a process relating to the person's promotion if the Commissioner receives information as to the person's integrity which causes the Commissioner to form the opinion that the person is not a suitable person to participate in the process.