LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 122 Functions of Inspector

LAW ENFORCEMENT CONDUCT COMMISSION ACT 2016 - SECT 122

122 Functions of Inspector

(1) The Inspector has the functions conferred or imposed on the Inspector by or under this or any other Act.

Note : Functions conferred on the Inspector under other Acts include the functions of an inspecting officer under the Telecommunications (Interception and Access) (New South Wales) Act 1987 and of the Inspector under the Surveillance Devices Act 2007 and the Law Enforcement (Controlled Operations) Act 1997 .

(2) The principal functions of the Inspector are--

(a) to audit the operations of the Commission for the purpose of monitoring compliance with the law of the State, and

(b) to deal with (by reports and recommendations) conduct amounting to agency maladministration on the part of the Commission and conduct amounting to officer misconduct or officer maladministration on the part of officers of the Commission, whether or not the subject of a complaint (
"Commission misconduct matters" ), and

(c) to assess the effectiveness and appropriateness of the policies and procedures of the Commission relating to the legality or propriety of its activities.

Note : Protections may be available under the following provisions to persons who make a complaint referred to in this subsection--

(a) the Public Interest Disclosures Act 2022 , Part 3--if the complaint is a public interest disclosure,

(b) Part 6A--if the making of the complaint is protected action within the meaning of the Part.

(3) For the purposes of this section--


"agency maladministration" , in relation to the Commission, has the same meaning as it has in relation to the NSW Police Force or the Crime Commission and includes (without limitation) unreasonable delay in the conduct of an investigation and unreasonable invasion of privacy.


"officer maladministration" , in relation to an officer of the Commission, has the same meaning as it has in relation to officer maladministration by a Crime Commission officer.


"officer misconduct" , in relation to an officer of the Commission, has the same meaning as it has in relation to Crime Commission officer misconduct.