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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Integrity Commission
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Integrity Commission Act 1996
No 28 2
4 Amendment of Independent Commission Against
Corruption Act 1988 No 35 2
5 Repeal of Act 2
Schedule 1 Amendment of Police Integrity Commission Act 1996 3
Schedule 2 Amendment of Independent Commission Against
Corruption Act 1988 10
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Police Integrity Commission
Amendment Bill 2006
Act No , 2006
An Act to amend the Police Integrity Commission Act 1996 to provide for a system
of investigation, referral and oversight of complaints against certain members of
NSW Police who are not police officers; to make consequential amendments to the
Independent Commission Against Corruption Act 1988; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Police Integrity Commission Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Integrity Commission Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Police Integrity Commission Act 1996 No 28
The Police Integrity Commission Act 1996 is amended as set out in
Schedule 1.
4 Amendment of Independent Commission Against Corruption Act 1988
No 35
The Independent Commission Against Corruption Act 1988 is amended
as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Police Integrity Commission Amendment Bill 2006
Amendment of Police Integrity Commission Act 1996 Schedule 1
Schedule 1 Amendment of Police Integrity
Commission Act 1996
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
administrative officer means any member of NSW Police other
than a police officer.
administrative officer complaint means a complaint made under
section 75A.
corrupt conduct of an administrative officer--see section 5A.
disciplinary proceedings means proceedings for a disciplinary
offence.
former administrative officer means any person who is not an
administrative officer but who has been an administrative officer
at any time previously (whether before or after the
commencement of Schedule 1 [1] to the Police Integrity
Commission Amendment Act 2006).
former officer of the Commission means any person who is not
an officer of the Commission but who has been an officer of the
Commission at any time previously (whether before or after the
commencement of Schedule 1 [1] to the Police Integrity
Commission Amendment Act 2006).
[2] Section 4 (3A)
Omit the subsection.
[3] Section 5A
Insert after section 5:
5A Corrupt conduct of administrative officers
(1) Definition
For the purposes of this Act, corrupt conduct of an
administrative officer means any conduct of an administrative
officer that is corrupt conduct for the purposes of the Independent
Commission Against Corruption Act 1988.
Page 3
Police Integrity Commission Amendment Bill 2006
Schedule 1 Amendment of Police Integrity Commission Act 1996
(2) Former administrative officers
Conduct may be dealt with, or continue to be dealt with, under
this Act even though any administrative officer involved has
ceased to be an administrative officer. Accordingly, references in
this Act to an administrative officer extend, where appropriate, to
include a former administrative officer.
[4] Section 13A
Insert after section 13:
13A Other functions regarding administrative officers
(1) Other functions of the Commission include the following:
(a) to prevent corrupt conduct of administrative officers,
(b) to detect or investigate, or oversee other agencies in the
detection or investigation of, corrupt conduct of
administrative officers.
(2) The Commission is, as far as practicable, required to turn its
attention principally to serious corrupt conduct of administrative
officers.
(3) The reference in this section to overseeing other agencies in the
detection or investigation of corrupt conduct of administrative
officers is a reference to the provision by the Commission of
guidance that relies on a system of guidelines prepared by it and
progress reports and final reports furnished to it rather than the
provision of detailed guidance in the planning and execution of
such detection and investigation.
(4) In overseeing other agencies for the purposes of this section, the
Commission does not have a power of control or direction, and
any such oversight is to be achieved by agreement. However, it is
the duty of members of NSW Police to co-operate with the
Commission in the exercise of its oversight functions and any
other functions of the Commission.
(5) However, nothing in subsection (2), (3) or (4):
(a) affects the capacity of the Commission to exercise any of
the functions as referred to in subsection (1), or
(b) provides a ground for any appeal or other legal or
administrative challenge to the exercise by the
Commission of any of those functions.
Page 4
Police Integrity Commission Amendment Bill 2006
Amendment of Police Integrity Commission Act 1996 Schedule 1
[5] Section 15 Other functions regarding evidence and information
collected
Insert "or administrative officer complaint" after "police complaint" in section
15 (1) (b) (i).
[6] Section 16 Provisions regarding assessments, opinions and
recommendations
Insert "or corrupt conduct of an administrative officer" after "or other
misconduct" in section 16 (1) (a).
[7] Section 16 (3)
Insert "or corrupt conduct of an administrative officer" after "police
misconduct" wherever occurring.
[8] Section 23 Investigations generally
Omit section 23 (1). Insert instead:
(1) The Commission may conduct an investigation:
(a) on its own initiative, or
(b) on a police complaint made or referred to it or on a police
complaint of which it becomes aware, or
(c) on an administrative officer complaint made to it, or
(d) on a report made to it.
[9] Section 23 (2)
Insert ", administrative officer" after "police officer".
[10] Section 23 (2)
Insert "or corrupt conduct of an administrative officer" after "police
misconduct".
[11] Section 23 (3) (c)
Insert "or administrative officer complaint" after "police complaint".
[12] Section 30 Injunctions
Insert at the end of section 30 (2) (b):
, or
(c) it is necessary to restrain the conduct in order to prevent
irreparable harm being done because of serious corrupt
conduct, or suspected serious corrupt conduct, by an
administrative officer.
Page 5
Police Integrity Commission Amendment Bill 2006
Schedule 1 Amendment of Police Integrity Commission Act 1996
[13] Part 4A
Insert after Part 4:
Part 4A Complaints against administrative officers
75A Complaints about possible corrupt conduct of administrative
officers (cf ICAC Act s 10)
(1) Any person may make a complaint to the Commission about a
matter that concerns or may concern corrupt conduct of an
administrative officer.
(2) The Commission may investigate any such complaint or decide
that the complaint need not be investigated.
(3) The Commission may discontinue an investigation of any such
complaint.
75B Duty to notify Commission of possible corrupt conduct of
administrative officers (cf ICAC Act s 11)
(1) This section applies to the following officers:
(a) the Ombudsman,
(b) the Commissioner of Police,
(c) the principal officer of a public authority,
(d) an officer who constitutes a public authority.
(2) An officer to whom this section applies is under a duty to report
to the Commission any matter that the officer suspects on
reasonable grounds concerns or may concern corrupt conduct of
an administrative officer.
(3) The Commission may issue guidelines as to what matters need or
need not be reported.
(4) This section has effect despite any duty of secrecy or other
restriction on disclosure.
(5) The regulations may prescribe who is the principal officer of a
public authority, but in the absence of regulations applying in
relation to a particular public authority, the principal officer is the
person who is the head of the authority, its most senior officer or
the person normally entitled to preside at its meetings.
(6) In this section, public authority has the same meaning as it has in
the Independent Commission Against Corruption Act 1988.
Page 6
Police Integrity Commission Amendment Bill 2006
Amendment of Police Integrity Commission Act 1996 Schedule 1
[14] Section 93A
Insert after section 93:
93A Former officers of the Commission
(1) For the avoidance of doubt, conduct may be dealt with, or
continue to be dealt with, under this Act even though any officer
of the Commission involved has ceased to be an officer of the
Commission.
(2) Accordingly, references in this Act to an officer of the
Commission extend, where appropriate, to include a former
officer of the Commission.
(3) Without limiting subsection (2), appropriate references to which
that subsection applies include references in provisions of this
Act that concern:
(a) complaints about, or investigating or otherwise dealing
with, the conduct of an officer of the Commission, or
(b) obtaining information, documents or other things from, or
requiring answers or evidence to be given or produced by,
an officer of the Commission (whether in connection with
the officer's own conduct or the conduct of another officer
of the Commission).
[15] Section 129 Functions of ICAC where police officers or administrative
officers involved
Insert "or administrative officers" after "police officers" wherever occurring.
[16] Section 130 Functions of PIC where other public officials involved
Insert "or administrative officers" after "police officers" wherever occurring.
[17] Section 131 Arrangements between PIC and ICAC
Insert "or corrupt conduct of an administrative officer" after "police
misconduct" in section 131 (1) (a).
[18] Section 131 (1) (b)
Insert "(other than by a police officer or administrative officer)" after
"Independent Commission Against Corruption Act 1988".
[19] Section 131 (1) (c)
Insert "or both administrative officers and other public officials" after "public
officials".
Page 7
Police Integrity Commission Amendment Bill 2006
Schedule 1 Amendment of Police Integrity Commission Act 1996
[20] Section 131 (1) (d)
Insert "or both administrative officers and other public officials" after "public
officials".
[21] Section 132 Other roles of ICAC not affected
Omit "13 (1) (d)(k)". Insert instead "13 (1) (e), (i), (j) and (k)".
[22] Section 135 Complaints by public officials
Insert "or administrative officer" after "police officer" in section 135 (1).
[23] Section 141 Proceedings for offences
Omit section 141 (4). Insert instead:
(4) Proceedings for an alleged offence under any of the following
provisions of this Act may be commenced within 3 years after the
commission of the alleged offence:
(a) section 25,
(b) sections 52, 53, 54 and 56,
(c) section 104 (c),
(d) section 106.
[24] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Police Integrity Commission Amendment Act 2006
[25] Schedule 3
Insert at the end of the Schedule (with appropriate Part and clause numbering):
Part Provisions consequent on enactment of
Police Integrity Commission Amendment
Act 2006
Definition
In this Part:
amending Act means the Police Integrity Commission
Amendment Act 2006.
Page 8
Police Integrity Commission Amendment Bill 2006
Amendment of Police Integrity Commission Act 1996 Schedule 1
Application of amendments to previous conduct of administrative
officers
(1) Except as provided by subclause (2), the amendments made to
this Act by the amending Act concerning the detection and
investigation of corrupt conduct of administrative officers or
former administrative officers extend to conduct that occurred (or
is alleged to have occurred) before the relevant commencement
day.
(2) This Act (as in force immediately before the relevant
commencement day) continues to apply to the investigation of a
complaint about the conduct of an administrative officer that was
made before that day.
(3) In this clause, relevant commencement day means the day on
which Schedule 1 [4] to the amending Act commences.
Application of amendment to section 141
(1) The amendment made to section 141 (4) by Schedule 1 [23] to the
amending Act applies to offences committed (or alleged to have
been committed) on or after the commencement of that
amendment.
(2) Section 141 (4), as in force immediately before the
commencement of Schedule 1 [23] to the amending Act,
continues to apply to offences committed (or alleged to have been
committed) before that commencement.
Page 9
Police Integrity Commission Amendment Bill 2006
Schedule 2 Amendment of Independent Commission Against Corruption Act 1988
Schedule 2 Amendment of Independent
Commission Against Corruption Act
1988
(Section 4)
[1] Section 11 Duty to notify Commission of possible corrupt conduct
Insert after section 11 (2):
(2A) Despite subsection (2), the Commissioner of Police is not under
a duty to report to the Commission any matter that concerns or
may concern corrupt conduct of a police officer or administrative
officer (within the meaning of the Police Integrity Commission
Act 1996) unless the Commissioner of Police suspects on
reasonable grounds that the matter also concerns or may concern
corrupt conduct of another public official.
[2] Section 13 Principal functions
Insert after section 13 (1):
(1A) Subsection (1) (d) and (f)(h) do not extend to the conduct of
police officers or administrative officers within the meaning of
the Police Integrity Commission Act 1996.
Page 10
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