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ROYAL COMMISSION (POLICE SERVICE) AMENDMENT
BILL 1994
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Royal Commission (Police Service) Act 1994:
(a) to confer additional powers on the Police Royal Commission relating to the
investigation of complaints against police; and
(b) to confer additional powers on investigative and surveillance officers of the
Commission; and
(c) to provide that the Royal Commissioner is not under a duty to report possible
corrupt conduct to the Independent Commission Against Corruption ("ICAC")
except in those cases agreed to between the Royal Commissioner and the ICAC
Commissioner.
Investigation of police complaints
Under the Bill, the following powers are conferred on the Royal Commission with
respect to the investigation of Complaints against police:
The Ombudsman will be required to forward copies of all relevant complaints
about police conduct under Part 8A of the Police Service Act 1990 to the Royal
Commission. Relevant complaints are complaints of a specified class or kind that
the Ombudsman and the Royal Commissioner have agreed should be referred to
the Royal Commission.
The Royal Commission may, on receipt of any such complaint, decide:
· to take over the investigation of the complaint from the Commissioner of
Police; or
· not to take over the investigation of the complaint from the Commissioner
of Police and to refer the complaint back to be dealt with in accordance with
Part 8A of the Police Service Act 1990; or
(c) If the Royal Commission takes over the investigation of a complaint (or part of a
complaint), all police investigations are terminated (including criminal
investigations) but the Royal Commission may agree to continuing criminal
investigations by police officers in a particular case. The Ombudsman is not
precluded from conducting an investigation into the police complaint.
Investigative and surveillance officers
Under the Bill, the following powers are conferred on investigative and surveillance
officers of the Commission:
Investigative officers who are police officers seconded from the Australian
Federal Police or the Police Force of another State or Territory (or of another
country prescribed by the regulations) will have all the powers of a New South
Wales police officer.
Investigative and surveillance officers who are such seconded police officers will
be entitled to possess or use semi-automatic pistols without the necessity for any
licence or permit from the Commissioner of Police.
Any investigative or surveillance officers will be entitled to possess handcuffs
and body armour vests without the necessity for any licence or permit from the
Commissioner of Police.
Reporting of possible corrupt conduct to ICAC
Section 11 of the Independent Commission Against Corruption Act 1988 requires
principal officers of public authorities to report possible corrupt conduct to the ICAC.
Under the Bill, the Royal Commissioner is not under a duty to report under that section,
except in those cases agreed to between the Royal Commissioner and the ICAC
Commissioner.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act commences on a day or days to be
appointed by proclamation.
Clause 3 is a formal provision giving effect to the Schedule of amendments to the
Royal Commission (Police Service) Act 1994.
Clause 4 is a formal provision giving effect to the Schedule of consequential
amendments to the Police Service Act 1990.
Schedule 1 contains the amendments to the Royal Commission (Police Service) Act
1994 described above.
Schedule 1 (1) deals with the reporting of possible corrupt conduct.
Schedule 1 (2) is a consequential amendment to ensure that the Ombudsman can
disclose police complaints to the Royal Commission.
Schedule 1 (3) (proposed Part 6A) deals with police complaints.
Schedule 1 (3) (proposed Part 6B) deals with the powers of investigative and
surveillance officers.
Schedule 2 contains consequential amendments to the Police Service Act 1990.