LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 114 Commission may monitor conduct of critical incident investigation

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 114

114 Commission may monitor conduct of critical incident investigation

(1) The Commission may monitor the conduct of a critical incident investigation if the Commission decides that it is in the public interest to do so.

(2) The Commission must notify the Commissioner of Police as soon as practicable after the Commission decides that the Commission is to monitor the conduct of a critical incident investigation.

(3) For the purpose of the Commission monitoring a critical incident investigation, a Commissioner or other officer of the Commission authorised in writing by a Commissioner may (subject to section 115) do all or any of the following--

(a) attend a place where a critical incident occurred (including a place where a crime scene has been established) for the purpose of observing the exercise by police officers of any investigatory powers at or in relation to the place,

Note : See section 115 (5).

(b) be given access without unreasonable delay to transcripts or any recordings of interviews of witnesses of a critical incident conducted by police officers for the purposes of the investigation,

(c) with the consent of the person being interviewed and the senior critical incident investigator, be present as an observer during an interview conducted by police officers for the purposes of the investigation or view such an interview by audio visual link,

(d) require the nominated contact for the critical incident to provide, within the period specified by the Commission, access to documents obtained or prepared by police officers for the purposes of the investigation (including any report about the conduct of the investigation and progress on it).

Note :
"" The Interpretation Act 1987 provides that--


"document" means any record of information, and includes--

(a) anything on which there is writing, or

(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or

(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or

(d) a map, plan, drawing or photograph.

(4) Access may be provided under subsection (3) (b) and (d) by any electronic means that enables the transcript, recording or document to be viewed and copies made of, or extracts taken from, it.

(5) The Commission may cease to monitor the conduct of an investigation of a critical incident at any time.

(6) The Commission must cease to monitor the conduct of an investigation of a critical incident if the Commission receives an investigation cessation notice.

(7) The Commission is to give the senior critical incident investigator notice (verbally or in writing) if it ceases to monitor the conduct of an investigation of a critical incident.

Note : Under Part 7, the Commission may monitor an on-going police investigation under Part 8A of the Police Act 1990 of an incident that ceases to be a critical incident if the on-going investigation relates to police misconduct.