This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to amend the Police Integrity Commission Act 1996:

        (i) to provide for a system of investigation, referral and oversight of
complaints about certain members of NSW Police who are not police
officers, and
        (ii) to enable criminal proceedings in respect of certain summary offences
under that Act to be brought within the period of 3 years of their
commission, and
        (iii) to confirm that the conduct of former officers of the Police Integrity
Commission may be investigated by the Inspector of the Commission,
and

(b) to make consequential amendments to the Independent Commission Against
Corruption Act 1988.

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Police Integrity Commission Amendment Bill 2006
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Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Police
Integrity Commission Act 1996 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the
Independent Commission Against Corruption Act 1988 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Police Integrity
Commission Act 1996
Dealing with corrupt conduct of administrative officers
Schedule 1 [3] inserts a new section 13A in the Police Integrity Commission Act
1996 (the PIC Act) to confer on the Police Integrity Commission (the PIC) the
following additional functions:

(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.

Schedule 1 [1] amends section 4 of the PIC Act to insert definitions of terms used in
provisions to be inserted by the proposed Act. In particular, an administrative officer
is defined to mean any member of NSW Police other than a police officer. Schedule
1 [2] inserts a new section 5A in the PIC Act which defines corrupt conduct of an
administrative officer to mean any conduct of an administrative officer that is corrupt
conduct for the purposes of the Independent Commission Against Corruption Act
1988. The proposed section also makes it clear that conduct of a former
administrative officer may be dealt with by the PIC.

Schedule 1 [12] inserts a new Part 4A in the PIC Act dealing with the making of
complaints to the PIC concerning corrupt conduct of administrative officers and the
duty to report such conduct to the PIC.

Schedule 1 [21] amends section 135 of the PIC Act to enable certain public officials
to make complaints to PIC about the conduct of administrative officers.

Schedule 1 [4]–[11] and [14]–[19] make consequential amendments to the PIC Act.

Schedule 1 [20] makes an amendment to section 132 of the PIC Act that is
consequential on the amendment made to section 13 of the Independent Commission
Against Corruption Act 1988 by Schedule 2 [2] to the proposed Act.

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Police Integrity Commission Amendment Bill 2006
Explanatory note
Investigations concerning former officers of PIC
Schedule 1 [13] inserts a new section 93A in the PIC Act to confirm that the conduct
of former officers of the PIC may be investigated by the Inspector of the PIC.

Time for instituting certain criminal proceedings
Schedule 1 [22] amends section 141 of the PIC Act to enable criminal proceedings
for alleged offences under the following provisions of the Act to be brought within
the period of 3 years after their commission:

(a) section 25 (Failure to provide information to the PIC, or providing false
information, when requested to do so by notice),

(b) section 52 (Publication of evidence etc despite a direction not to do so given
by the PIC),

(c) section 53 (Publication of evidence given at private hearing of the PIC without
authorisation),

(d) section 54 (Disclosures prejudicing investigations being made by the PIC),

(e) section 56 (Unauthorised divulging of information acquired by reason of, or in
the course of, exercising functions under the Act),

(f) section 106 (Failure to comply with a summons issued by the PIC).

Currently, section 141 of the PIC Act is limited to alleged offences under section
104 (c) of that Act (which prohibits a person from wilfully make any false statement
to or mislead, or attempt to mislead, the PIC or an officer of PIC, or the Inspector of
PIC or an officer of the Inspector, in the exercise of functions under the Act).

These offences are all summary offences. Accordingly, in the absence of the
provisions of section 141, criminal proceedings in respect of these offences would
need to be commenced within 6 months from when they are alleged to have been
committed. See section 179 of the Criminal Procedure Act 1986.

Savings and transitional provisions
Schedule 1 [23] amends clause 1 of Schedule 3 to the PIC Act to enable the Governor
to make regulations of a savings or transitional nature consequent on the enactment
of the proposed Act.

Schedule 1 [24] inserts a new Part in Schedule 3 to the PIC Act containing savings
and transitional provisions consequent on the enactment of the proposed Act. In
particular, the new Part provides that:

(a) the amendments 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 commencement of the
amendments unless the conduct has already been the subject of a complaint
made before that commencement, and

(b) the amendment made to section 141 only applies to offences committed (or
alleged to have been committed) after the commencement of the amendment.

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Police Integrity Commission Amendment Bill 2006
Explanatory note
Schedule 2 Amendment of Independent
Commission Against Corruption Act
1988
Schedule 2 [1] amends section 11 of the Independent Commission Against
Corruption Act 1988 (the ICAC Act) to provide that the Commissioner of Police is
not under a duty to report to the Independent Commission Against Corruption
(ICAC) any matter that concerns or may concern corrupt conduct of a police officer
or administrative officer unless the Commissioner suspects on reasonable grounds
that the matter also concerns or may concern corrupt conduct of another public
official.

Schedule 2 [2] amends section 13 of the ICAC Act to limit the functions of ICAC in
relation to the conduct of police officers and administrative officers.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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