New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 39

39 Report to Ombudsman on exercise of powers and monitoring by Ombudsman

(1) For the period of 2 years from the date of commencement of this Act, the Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers under this Act.

(2) For that purpose, the Ombudsman may require the Commissioner or any public authority to provide information about the exercise of those powers.

(3) The Commissioner is to ensure that the Ombudsman is provided with a report on:

(a) any declaration made under Part 2 or under an interim control order or control order, and

(b) the reasons the declaration or order was sought, and

(c) any prosecutions brought under section 26 (Association between members of declared organisations subject to interim control order or control order).

(4) The Ombudsman must maintain the confidentiality of information provided to the Ombudsman that is classified by the Commissioner as criminal intelligence.

(5) The Ombudsman must, as soon as possible after the expiration of the 2-year period, prepare a report of the Ombudsman’s work and activities under this section and furnish a copy of the report to the Attorney General and to the Commissioner.

(6) The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.

(7) If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.

(8) The report:

(a) is, on presentation and for all purposes, taken to have been laid before the House, and

(b) may be printed by authority of the Clerk of the House, and

(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d) is to be recorded:

(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.