POLICE ACT 1990 - SECT 131 Dealing with misconduct matters

POLICE ACT 1990 - SECT 131

131 Dealing with misconduct matters

(1) As soon as practicable after the Commissioner receives (or becomes aware of) a misconduct matter, and at any time during a police investigation of a misconduct matter, the Commissioner may (except as provided by subsection (3)) decide as follows--

(a) to investigate or otherwise deal with the misconduct matter under this Part,

(b) to refer the misconduct matter to the LECC for consideration of whether or not it is to be investigated by the LECC or otherwise dealt with under the Law Enforcement Conduct Commission Act 2016 ,

(c) to take no further action under this Part with respect to the misconduct matter.

Note : The Commissioner may decide to take action with respect to administrative employee misconduct matters in accordance with the Government Sector Employment (NSW Police Force) Rules 2017 , Part 6.

(2) A decision under subsection (1) may be made in respect of the whole or any part of a misconduct matter.

(3) The Commissioner must refer a misconduct matter received by the Commissioner or of which the Commissioner becomes aware that alleges, indicates or suggests that conduct of the Commissioner or a Deputy Commissioner is (or could be) officer misconduct to the LECC unless the misconduct has been referred to the Commissioner by LECC.

(4) The Commissioner is to take into account any misconduct matters management guidelines or recommendation of the LECC in deciding how to investigate or deal with the misconduct matter.

(5) If the Commissioner decides to refer a misconduct matter to the LECC, the Commissioner may recommend how the misconduct matter should be dealt with by the LECC.

(6) If the Commissioner decides that a misconduct matter that is a complaint does not need to be investigated, the Commissioner must notify the complainant of the decision and the reasons for it.

(7) Additional information from a complainant, and any existing information relevant to a misconduct matter to which the Commissioner can readily obtain access, may be used in making a decision concerning a misconduct matter.

(8) The making of a decision under this section is not an investigation of the misconduct matter to which the decision relates.

(9) The Commissioner may investigate or otherwise deal with any notifiable misconduct matter pending the making of a decision by the LECC under section 44 of the Law Enforcement Conduct Commission Act 2016 .