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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Service Amendment
(Complaints) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Service Act 1990 No 47 2
Schedules 1 Amendments 3
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, , 2001
New South Wales
Police Service Amendment
(Complaints) Bill 2001
Act No , 2001
An Act to amend the Police Service Act 1990 with respect to complaints; 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 Service Amendment (Complaints) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Service Amendment (Complaints) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Police Service Act 1990 No 47
The Police Service Act 1990 is amended as set out in Schedule 1.
Page 2
Police Service Amendment (Complaints) Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 121 Definitions
Omit the definition of notifiable complaint. Insert instead:
notifiable complaint means any Category 2 complaint that (in
accordance with guidelines agreed between the Police Integrity
Commission and the Ombudsman after consultation with the
Commissioner) is required to be notified to the Ombudsman.
[2] Section 145 Conduct of investigation
Omit section 145 (3).
[3] Section 167A
Insert before section 168:
167A Offence of making false complaint about conduct of police
officer or giving false information
(1) A person must not make a complaint under this Part knowing
the complaint to be false.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(2) A person must not, in the course of the investigation of a
complaint made under this Part, provide information to any of
the following knowing the information to be false or
misleading in a material particular:
(a) the Minister,
(b) a member of the Police Service,
(c) the Police Integrity Commission,
(d) the Inspector of the Police Integrity Commission,
(e) the Independent Commission Against Corruption,
(f) the New South Wales Crime Commission,
(g) the Ombudsman,
Page 3
Police Service Amendment (Complaints) Bill 2001
Schedule 1 Amendments
(h) a member of Parliament,
(i) a prison officer within the meaning of section 127 (8).
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
(3) Proceedings for an offence against this section may be
instituted at any time within 2 years after the offence is alleged
to have been committed.
[4] Section 169A
Insert after section 169:
169A Identity of complainant not to be disclosed
A member of the Police Service must not disclose to any
person the identity of a complainant unless the disclosure is
made:
(a) in accordance with guidelines established by the
Commissioner, or
(b) with the consent of the complainant, or
(c) in accordance with a requirement of or made under this
or any other Act, or
(d) for the purposes of any legal proceedings before a court
or tribunal.
[5] Section 206 Protection against reprisals
Insert after section 206 (2):
(2A) In any proceedings for an offence against this section, it lies on
the defendant to prove that the detrimental action shown to be
taken against a person was not substantially in reprisal for the
person making a protected allegation.
(2B) Subsection (2A) applies only in relation to a protected
allegation that is a protected disclosure within the meaning of
the Protected Disclosures Act 1994.
Page 4
Police Service Amendment (Complaints) Bill 2001
Amendments Schedule 1
[6] Section 206 (4A)
Insert after section 206 (4):
(4A) Proceedings for an offence against this section may be
instituted at any time within 2 years after the offence is alleged
to have been committed.
[7] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Police Service Amendment (Complaints) Act 2001
[8] Schedule 4, Part 16
Insert after Part 15:
Part 16 Provisions consequent on enactment of
Police Service Amendment (Complaints)
Act 2001
53 Commissioner's guidelines
The guidelines in force under section 145 (3) immediately
before its repeal by the Police Service Amendment
(Complaints) Act 2001 are taken to be guidelines for the
purposes of section 169A but may be amended or revoked by
the Commissioner.
54 Detrimental action against reprisals
(1) The provisions of section 206 (2A) and (2B) extend to
proceedings for an offence against section 206 committed
before the commencement of those provisions, but only if the
hearing in respect of the offence has not commenced.
Page 5
Police Service Amendment (Complaints) Bill 2001
Schedule 1 Amendments
(2) Section 206 (4A) extends to proceedings for an offence against
section 206 committed less than 6 months before the
commencement of that subsection.
Page 6
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