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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Act binds the Crown
PART 2--OFFICE OF POLICE INTEGRITY
Division 1--Office of Police Integrity
5. Office of Police Integrity
6. Functions and powers
Division 2--Director, Police Integrity
7. Director, Police Integrity
8. Objects, functions and powers of Director
9. Independence of Director
10. Appointment of Director
11. Remuneration and allowances
12. Terms and conditions
13. Vacancy and resignation
14. Suspension and removal from office
15. Acting appointment
16. Oath or affirmation by Director and Acting Director
Division 3--Staffing and other matters
17. Staffing
18. Oath or affirmation by staff and contractors
19. Secondment of police
20. Effect of secondment
21. Delegation by Director
Division 4--Confidentiality and reporting
22. Disclosure by Office of Police Integrity personnel
23. Disclosure by others
24. Disclosure of information to law enforcement agencies and corresponding authorities
25. Disclosure of information to the Privacy Commissioner
26. Disclosure of information to the Ombudsman
27. Disclosure of information to the Auditor-General
28. Annual and other reports to Parliament
29. Transmission of reports to Parliament
Division 5--Testing of OPI personnel for alcohol or drugs of dependence
30. Definitions
31. Testing of members of OPI personnel in certain circumstances
32. Director may have regard to evidence in certain circumstances
33. Taking of sample when member is unconscious or otherwise unable to comply with direction
34. Admissibility of test result in certain proceedings
35. Confidentiality of test results
36. Offence to disclose identifying information
37. Regulations
PART 3--POLICE COMPLAINTS AND INVESTIGATIONS
Division 1--Complaints
38. Application of Division
39. Whistleblowers Protection Act 2001 applies to certain complaints
40. Dealing with complaints
41. Advice to complainant
42. Jurisdiction
Division 2--Investigations
43. Application of Division
44. Own motion investigations
45. Consultation with Chief Commissioner
46. Investigation when other proceedings on foot
47. Power to require police to give information and documents and answer questions
48. Further investigations
49. Chief Commissioner to respond to Director
50. Report on investigation
51. Exemption from Freedom of Information Act 1982
PART 4--GENERAL INVESTIGATORY POWERS
Division 1--Preliminary
52. Application of Part
Division 2--Witness summonses
53. Witness summons
54. Content and form of witness summons
55. Witness summons directed to person under 16
56. Service of witness summons
57. Witness already held in custody
58. Confidentiality of witness summons
59. Person must comply with confidentiality notice
60. When does confidentiality notice cease to have effect?
Division 3--Examinations
61. Director may conduct examinations
62. Preliminary requirements
63. Witness under 16
64. Representation of witness
65. Private and public examinations
66. Taking of evidence
67. Video-recording of examination
68. Failure of witnesses to attend and answer questions
Division 4--Privileges and secrecy provisions
69. Privilege against self-incrimination abrogated
70. Legal professional privilege
71. Procedure for determining claims of legal professional privilege
72. Application to court to determine legal professional privilege
73. Determination of legal professional privilege
74. Secrecy provisions and Crown privilege
Division 5--Legal assistance for witnesses
75. Definitions
76. Provision of legal assistance to witnesses
77. Regulations
Division 6--Contempt
78. What constitutes contempt of Director?
79. Charging and arresting a person for contempt
80. Bail pending court appearance for contempt
81. Custody pending court appearance for contempt
82. Supreme Court to deal with contempt
83. No double jeopardy
Division 7--Arrest of recalcitrant witnesses
84. Warrant to arrest of recalcitrant witnesses
85. Bail for person arrested
86. Person held in custody
Division 8--Powers of entry, search and seizure
87. Definitions
88. Power to enter public authority premises
89. Power to seize documents or things at public authority premises
90. Copying of, access to or receipt for things seized
91. Application for return of things seized
92. Return of things seized
93. Powers with search warrant
94. Procedure for executing warrant
95. Copies or receipts to be given
96. Return of documents and other things
97. Assistance in executing search warrants
98. Police must provide reasonable assistance
99. Privilege claims in relation to search warrants
100. Application to court to determine privilege
101. Determination of privilege claims
Division 9--Defensive equipment and firearms
102. Authority to possess, carry and use defensive equipment
103. Authority to possess, carry and use firearms
Division 10--Protection of persons, documents and other things
104. Who is a protected person?
105. What is a protected document or other thing?
106. Protected documents and other things—legal proceedings other than criminal proceedings
107. Production and inspection of protected documents and things—criminal proceedings
108. Appointment of special counsel
109. General protection of protected persons
110. Protection of protected persons in relation to critical incidents
111. Protection of legal practitioners and witnesses
Division 11--General
112. Referral of matters to DPP
113. Offences
PART 5--OVERSIGHT BY SPECIAL INVESTIGATIONS MONITOR
114. Role of Special Investigations Monitor
115. Director must report summonses to Special Investigations Monitor
116. Director must report arrest warrants to Special Investigations Monitor
117. Director must report other matters to Special Investigations Monitor
118. Complaints to Special Investigations Monitor
119. Special Investigations Monitor may refuse to investigate complaint
120. Investigation of complaints
121. Recommendations by Special Investigations Monitor
122. Requirement to provide assistance
123. Powers of entry and access
124. Requirement to answer questions and produce documents
125. Privileges do not apply
126. Annual and other reports by Special Investigations Monitor
127. Delegation
PART 6--GENERAL
128. Provisions of this Act prevail
129. Letters by people in custody
130. Supreme Court—limitation of jurisdiction
131. Regulations
PART 7--TRANSITIONAL PROVISIONS
132. Transitional provisions
PART 8--AMENDMENT OF POLICE REGULATION ACT 1958 AND OTHER ACTS
Division 1--Amendment of Police Regulation Act 1958
133. Definitions
134. Repeal of current protection provisions
135. New Division 1A inserted in Part IVA
136. Evidence in Director investigations
137. New section 86PF inserted
138. New Divisions 2A and 2B inserted in Part IVA
139. New Division 3 substituted in Part IVA
140. Supreme Court—limitation of jurisdiction
141. New section 136 inserted
142. Further amendments
Division 2--Amendment of other Acts
143. Amendment of other Acts
Division 3--Repeal of Part
144. Self-repeal of Part
SCHEDULE 1
SCHEDULE 2
ENDNOTES
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