New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 344A

344A Further review by Ombudsman-Aboriginal and Torres Strait Islander communities

(1) The Ombudsman is to review the operation of the provisions of:

(a) this Part, and

(b) the regulations made under this Part, and

(c) sections 138A and 138C (in so far as it relates to the exercise of powers under section 138A) of the Law Enforcement (Powers and Responsibilities) Act 2002 ,

in so far as those provisions impact on Aboriginal and Torres Strait Islander communities.

(2) For the purposes of carrying out any such review, the Ombudsman may require the Commissioner of Police or any public authority to provide information about police or the public authority’s participation in the operations of the provisions referred to in subsection (1).

(3) A report in relation to the review is to be provided to the Minister and the Minister for Police by 31 August 2009.

(4) The Minister is to lay (or cause to be laid) a copy of the report provided to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.

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

(6) The report:

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

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

(c) if printed by authority of the Clerk, 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.