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New South Wales
Police Integrity Commission
Amendment (Crime Commission) Bill
2008
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 12
b2008-064-35.d15
New South Wales
Police Integrity Commission
Amendment (Crime Commission) Bill
2008
No , 2008
A Bill for
An Act to amend the Police Integrity Commission Act 1996 to provide for the
investigation, referral and oversight of matters relating to misconduct of New South
Wales Crime Commission officers; to make consequential amendments to the
Independent Commission Against Corruption Act 1988; and for other purposes.
Clause 1 Police Integrity Commission Amendment (Crime Commission) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Police Integrity Commission Amendment (Crime 3
Commission) Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Police Integrity Commission Act 1996 No 28 7
The Police Integrity Commission Act 1996 is amended as set out in 8
Schedule 1. 9
4 Amendment of Independent Commission Against Corruption Act 1988 10
No 35 11
The Independent Commission Against Corruption Act 1988 is amended 12
as set out in Schedule 2. 13
5 Repeal of Act 14
(1) This Act is repealed on the day following the day on which this Act 15
commences. 16
(2) The repeal of this Act does not, because of the operation of section 30 17
of the Interpretation Act 1987, affect any amendment made by this Act. 18
Page 2
Police Integrity Commission Amendment (Crime Commission) Bill 2008
Amendment of Police Integrity Commission Act 1996 Schedule 1
Schedule 1 Amendment of Police Integrity 1
Commission Act 1996 2
(Section 3) 3
[1] Section 4 Definitions 4
Insert in alphabetical order in section 4 (1): 5
Crime Commission officer means any of the following: 6
(a) the Commissioner for the New South Wales Crime 7
Commission (the Crime Commissioner), 8
(b) an Assistant Commissioner for the New South Wales 9
Crime Commission, 10
(c) a member of staff of the New South Wales Crime 11
Commission within the meaning of the New South Wales 12
Crime Commission Act 1985. 13
Crime Commission officer complaint means a complaint made 14
under section 75C. 15
former Crime Commission officer means any person who is not 16
a Crime Commission officer but who has been a Crime 17
Commission officer at any time previously (whether before or 18
after the commencement of the Police Integrity Commission 19
Amendment (Crime Commission) Act 2008). 20
misconduct of a Crime Commission officer--see section 5B. 21
[2] Section 5B 22
Insert after section 5A: 23
5B Misconduct of Crime Commission officers 24
(1) Definition 25
For the purposes of this Act, misconduct of a Crime Commission 26
officer means any misconduct (by way of action or inaction or 27
alleged action or inaction) of a Crime Commission officer: 28
(a) whether or not it also involves participants who are not 29
Crime Commission officers, and 30
(b) whether or not it occurs while the Crime Commission 31
officer is officially on duty, and 32
(c) whether or not it occurred before the commencement of 33
this subsection, and 34
(d) whether or not it occurred outside the State or outside 35
Australia. 36
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Police Integrity Commission Amendment (Crime Commission) Bill 2008
Schedule 1 Amendment of Police Integrity Commission Act 1996
(2) Examples 1
Misconduct of a Crime Commission officer can involve (but is 2
not limited to) any of the following: 3
(a) the commission of a criminal offence by a Crime 4
Commission officer, 5
(b) any misconduct, irregularity, neglect of duty, breach of 6
discipline or other matter that constitutes or may constitute 7
grounds for disciplinary action under any law, 8
(c) corrupt conduct within the meaning of the Independent 9
Commission Against Corruption Act 1988 involving a 10
Crime Commission officer. 11
(3) Former Crime Commission officers 12
Conduct may be dealt with, or continue to be dealt with, under 13
this Act even though any Crime Commission officer involved has 14
ceased to be a Crime Commission officer. Accordingly, 15
references in this Act to a Crime Commission officer extend, 16
where appropriate, to include a former Crime Commission 17
officer. 18
[3] Sections 13B and 13C 19
Insert after section 13A: 20
13B Other functions of PIC in relation to Crime Commission officers 21
(1) Other functions of the PIC include the following: 22
(a) to prevent misconduct of Crime Commission officers, 23
(b) to detect or investigate, or oversee other agencies in the 24
detection or investigation of, misconduct of Crime 25
Commission officers. 26
(2) The PIC is, as far as practicable, required to turn its attention 27
principally to serious misconduct of Crime Commission officers. 28
(3) The reference in this section to overseeing other agencies in the 29
detection or investigation of misconduct of Crime Commission 30
officers is a reference to the provision by the PIC of guidance that 31
relies on a system of guidelines prepared by it and progress 32
reports and final reports furnished to it rather than the provision 33
of detailed guidance in the planning and execution of such 34
detection and investigation. 35
(4) In overseeing other agencies for the purposes of this section, the 36
PIC does not have a power of control or direction, and any such 37
oversight is to be achieved by agreement. However, it is the duty 38
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Police Integrity Commission Amendment (Crime Commission) Bill 2008
Amendment of Police Integrity Commission Act 1996 Schedule 1
of Crime Commission officers to co-operate with the PIC in the 1
exercise of its oversight functions. 2
(5) However, nothing in subsection (2), (3) or (4): 3
(a) affects the capacity of the PIC to exercise any of the 4
functions as referred to in subsection (1), or 5
(b) provides a ground for any appeal or other legal or 6
administrative challenge to the exercise by the PIC of any 7
of those functions. 8
13C Special allocation of PIC's functions in relation to Crime 9
Commission officers 10
The PIC Commissioner may allocate responsibility for the 11
exercise of the functions of the PIC in relation to Crime 12
Commission officers to an Assistant Commissioner and to such 13
members of the staff of the PIC as are designated by the PIC 14
Commissioner for the purposes of this section. 15
[4] Sections 15 (1) (b) (i) and 23 (3) (c) 16
Insert ", Crime Commission officer complaint" after "police complaint" 17
wherever occurring. 18
[5] Section 16 Provisions regarding assessments, opinions and 19
recommendations 20
Insert ", misconduct of a Crime Commission officer" before "or corrupt 21
conduct" wherever occurring in section 16 (1) (a) and (3). 22
[6] Section 19 Application of Criminal Assets Recovery Act 1990 23
Insert after section 19 (3): 24
(3A) Subsection (3) does not apply if the exercise of the function by 25
the PIC under that Act relates to an investigation by the PIC 26
concerning misconduct of a Crime Commission officer. 27
[7] Section 23 Investigations generally 28
Insert after section 23 (1) (c): 29
(c1) on a Crime Commission officer complaint made to it, or 30
[8] Section 23 (2) 31
Omit the subsection. Insert instead: 32
(2) The Commission may conduct an investigation even though no 33
particular police officer, administrative officer, Crime 34
Commission officer or other person has been implicated and even 35
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Police Integrity Commission Amendment (Crime Commission) Bill 2008
Schedule 1 Amendment of Police Integrity Commission Act 1996
though no police misconduct, misconduct of a Crime 1
Commission officer or corrupt conduct of an administrative 2
officer is suspected. 3
[9] Section 30 Injunctions 4
Insert at the end of section 30 (2) (c): 5
or 6
(d) it is necessary to restrain the conduct in order to prevent 7
irreparable harm being done because of misconduct, or 8
suspected misconduct, of a Crime Commission officer. 9
[10] Section 40 Privilege as regards answers, documents etc 10
Insert "(including for the purposes of taking disciplinary action under Part 2.7 11
of the Public Sector Employment and Management Act 2002)" after 12
"disciplinary proceedings" in section 40 (3). 13
[11] Section 61 Secrecy provisions in other Acts 14
Insert after section 61 (1) (e): 15
(f) sections 13 and 29 of the New South Wales Crime 16
Commission Act 1985. 17
[12] Section 75B Duty to notify Commission of possible corrupt conduct of 18
administrative officers 19
Omit "The regulations" from section 75B (5). 20
Insert instead "For the purposes of this section and section 75D, the 21
regulations". 22
[13] Section 75B (6) 23
Insert "and section 75D" after "this section". 24
[14] Part 4B 25
Insert after Part 4A: 26
Part 4B Complaints against Crime Commission 27
officers 28
75C Complaints about possible misconduct of Crime Commission 29
officers 30
(1) Any person may make a complaint to the PIC about a matter that 31
involves or may involve misconduct of a Crime Commission 32
officer. 33
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Police Integrity Commission Amendment (Crime Commission) Bill 2008
Amendment of Police Integrity Commission Act 1996 Schedule 1
(2) The PIC may investigate any such complaint or decide that the 1
complaint need not be investigated. 2
(3) The PIC may discontinue an investigation of any such complaint. 3
75D Duty to notify PIC of possible misconduct of Crime Commission 4
officers 5
(1) This section applies to the following officers: 6
(a) the Crime Commissioner, 7
(b) the Commissioner of Police, 8
(c) the principal officer of a public authority, 9
(d) an officer who constitutes a public authority. 10
(2) An officer to whom this section applies is under a duty to report 11
to the PIC any matter that the officer suspects on reasonable 12
grounds involves or may involve misconduct of a Crime 13
Commission officer. 14
(3) The PIC may issue guidelines as to what matters need or need not 15
be reported. 16
(4) This section has effect despite any duty of secrecy or other 17
restriction on disclosure. 18
[15] Part 5, Division 1, heading 19
Insert "or NSW Crime Commission" after "police". 20
[16] Section 76 Definitions 21
Omit "In this section". Insert instead "In this Division". 22
[17] Section 76 23
Insert in alphabetical order: 24
Crime Commission means the New South Wales Crime 25
Commission. 26
[18] Section 77 Referral of matter 27
Omit section 77 (1). Insert instead: 28
(1) The Commission may, before or after investigating a matter 29
(whether or not the investigation is completed), refer the matter 30
for investigation or action: 31
(a) to a police authority, or 32
(b) if the matter relates to a Crime Commission officer--to the 33
Crime Commission. 34
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Police Integrity Commission Amendment (Crime Commission) Bill 2008
Schedule 1 Amendment of Police Integrity Commission Act 1996
[19] Sections 77 (2) and (3) and 80 1
Insert "or the Crime Commission" after "police authority" wherever 2
occurring. 3
[20] Section 77 (4A) 4
Insert after section 77 (4): 5
(4A) The PIC must not refer a matter to the Crime Commission except 6
after appropriate consultation with the Crime Commissioner and 7
after taking into consideration the views of the Crime 8
Commissioner. 9
[21] Section 78 Report to Commission 10
Omit section 78 (1). Insert instead: 11
(1) The PIC may, when referring a matter under this Division, 12
require the police authority or the Crime Commission (as the case 13
requires) to submit to the PIC a report or reports in relation to the 14
matter and the action taken by the police authority or the Crime 15
Commission. 16
[22] Section 79A 17
Insert after section 79: 18
79A Referrals to Crime Commission--further action by PIC 19
(1) If the PIC is not satisfied that the Crime Commission has duly 20
and properly taken action in connection with a matter referred to 21
it under this Division, the PIC must inform the Crime 22
Commissioner of the grounds of the PIC's dissatisfaction and 23
must give the Crime Commissioner an opportunity to comment 24
within a specified time. 25
(2) If, after considering any comments received from the Crime 26
Commissioner within the specified time, the PIC is still not 27
satisfied, the PIC may submit a report to the Minister for Police 28
setting out the recommendation concerned and the grounds of 29
dissatisfaction, together with any comments from the Crime 30
Commissioner and the PIC. 31
(3) If, after considering any comments received from the Minister for 32
Police within 21 days after the report was submitted to that 33
Minister under subsection (2), the PIC is still of the opinion that 34
the recommendation should be adopted, the PIC may make a 35
report as referred to in section 100. 36
Page 8
Police Integrity Commission Amendment (Crime Commission) Bill 2008
Amendment of Police Integrity Commission Act 1996 Schedule 1
[23] Section 82 Definition 1
Insert "the New South Wales Crime Commission," after "but does not 2
include" in the definition of authority. 3
[24] Section 99 Annual reports 4
Insert after section 99 (2): 5
(2A) Any such information that relates to investigations or other 6
matters involving Crime Commission officers must be kept 7
separate from other matters in the report. 8
[25] Section 100 Reports relating to authorities 9
Insert "or 79A" after "section 79" in section 100 (1). 10
[26] Section 100 (2) 11
Insert "or 79A (3) (as the case requires)" after "section 79 (3)". 12
[27] Section 129 Functions of ICAC where police officers, Crime Commission 13
officers or administrative officers involved 14
Insert ", Crime Commission officers" after "police officers" wherever 15
occurring. 16
[28] Section 130 Functions of PIC where other public official involved 17
Insert ", Crime Commission officers" after "police officers" wherever 18
occurring. 19
[29] Section 130 (2), note 20
Insert at the end of section 130 (2): 21
Note. A public official includes a member of the New South Wales 22
Crime Commission Management Committee constituted by the New 23
South Wales Crime Commission Act 1985. 24
[30] Section 131 Arrangements between PIC and ICAC 25
Omit section 131 (1). Insert instead: 26
(1) Arrangements may be entered into 27
The PIC Commissioner and the ICAC Commissioner may enter 28
into arrangements regarding: 29
(a) matters about which the ICAC will notify the PIC where 30
the ICAC suspects police misconduct, misconduct of a 31
Crime Commission officer or corrupt conduct of an 32
administrative officer may exist, and 33
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Police Integrity Commission Amendment (Crime Commission) Bill 2008
Schedule 1 Amendment of Police Integrity Commission Act 1996
(b) matters about which the PIC will notify the ICAC where 1
the PIC suspects corrupt conduct as defined in the 2
Independent Commission Against Corruption Act 1988 3
(other than by a police officer, Crime Commission officer 4
or administrative officer) may exist, and 5
(c) matters that the ICAC will investigate or otherwise deal 6
with where conduct involves: 7
(i) both police officers and other public officials, or 8
(ii) both Crime Commission officers and other public 9
officials, or 10
(iii) both administrative officers and other public 11
officials, and 12
(d) matters that the PIC will investigate or otherwise deal with 13
where conduct involves: 14
(i) both police officers and other public officials, or 15
(ii) both Crime Commission officers and other public 16
officials, or 17
(iii) both administrative officers and other public 18
officials. 19
[31] Section 132 Other roles of ICAC not affected 20
Insert "or the New South Wales Crime Commission" after "NSW Police 21
Force". 22
[32] Section 135 Complaints by public officials 23
Insert ", Crime Commission officer" after "police officer" in section 135 (1). 24
[33] Schedule 3 Savings, transitional and other provisions 25
Insert at the end of clause 1 (1): 26
Police Integrity Commission Amendment (Crime Commission) 27
Act 2008 28
Page 10
Police Integrity Commission Amendment (Crime Commission) Bill 2008
Amendment of Police Integrity Commission Act 1996 Schedule 1
[34] Schedule 3 1
Insert at the end of the Schedule (with appropriate Part and clause numbering): 2
Part Provisions consequent on enactment of 3
Police Integrity Commission Amendment 4
(Crime Commission) Act 2008 5
Definition 6
In this Part: 7
amending Act means the Police Integrity Commission 8
Amendment (Crime Commission) Act 2008. 9
Application of amendments to previous conduct of Crime 10
Commission officers 11
The amendments made to this Act by the amending Act 12
concerning the detection and investigation of misconduct of 13
Crime Commission officers or former Crime Commission 14
officers extend to conduct that occurred (or is alleged to have 15
occurred) before the commencement of the amending Act. 16
Existing matters being dealt with by ICAC 17
(1) The amendments made to this Act by the amending Act do not 18
affect any matter relating to the New South Wales Crime 19
Commission or a Crime Commission officer that was being dealt 20
with by the ICAC before the commencement of the amending 21
Act. 22
(2) Any such existing matter cannot be referred by the ICAC to 23
another person or body under section 53 of the Independent 24
Commission Against Corruption Act 1988. However, nothing in 25
this subclause prevents the ICAC from referring, in accordance 26
with that section, any other matter that arises out of its dealing 27
with the existing matter. 28
Existing arrangements between PIC and ICAC 29
Any arrangement made under section 131 and in force 30
immediately before the commencement of the amending Act is 31
taken to be an arrangement in force under that section as amended 32
by the amending Act. 33
Page 11
Police Integrity Commission Amendment (Crime Commission) Bill 2008
Schedule 2 Amendment of Independent Commission Against Corruption Act 1988
Schedule 2 Amendment of Independent 1
Commission Against Corruption Act 2
1988 3
(Section 4) 4
[1] Section 11 Duty to notify Commission of possible corrupt conduct 5
Insert after section 11 (2A): 6
(2B) Despite subsection (2), the Commissioner for the New South 7
Wales Crime Commission (the Crime Commissioner) is not 8
under a duty to report to the Commission any matter that 9
concerns or may concern corrupt conduct of a Crime 10
Commission officer (within the meaning of the Police Integrity 11
Commission Act 1996) unless the Crime Commissioner suspects 12
on reasonable grounds that the matter also concerns or may 13
concern corrupt conduct of another public official. 14
[2] Section 13 Principal functions 15
Insert ", Crime Commission officers" after "police officers" in section 13 16
(1A). 17
Page 12
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