POLICE ACT 1990 - SECT 207A Commissioner may conduct integrity testing programs

POLICE ACT 1990 - SECT 207A

207A Commissioner may conduct integrity testing programs

(1) The Commissioner may conduct, or authorise any police officer or other person to conduct, a program (an
"integrity testing program" ) to test the integrity of any particular police officer or class of police officers.

(2) An integrity testing program may involve an act or omission (by a person who is participating in the program) that offers a police officer whose integrity is being tested the opportunity to engage in behaviour, whether lawful or unlawful, in contravention of the principles of integrity required of a police officer.

(3) Any such act or omission is declared to be lawful, despite any other Act or law to the contrary, but to the extent only to which it occurs in the course of and for the purposes of the integrity testing program.

(4) In particular, a police officer or other person who participates in any such act or omission is not guilty of any of the following--

(a) an offence against section 200 of this Act,

(b) an offence against section 89 or 90 of, or corrupt conduct within the meaning of, the Independent Commission Against Corruption Act 1988 ,

(c) an offence against section 153 (Procuring false testimony by witness) or 154 (Bribery of witness) of the Law Enforcement Conduct Commission Act 2016 ,

(d) an offence against section 93X, 314, 319, 323, 325 or 547B of the Crimes Act 1900 ,

(e) an offence of conspiring to commit an offence,

(f) an offence of aiding, abetting, urging, inciting, soliciting, encouraging, counselling or procuring the commission of an offence (in whatever terms expressed), including an offence against section 2 or 3 of the Crimes Prevention Act 1916 or section 351B or 546 of the Crimes Act 1900 .

(5) Subsections (3) and (4) do not exempt a police officer or other person from liability in respect of any offence other than those referred to in subsection (4).

(6) A certificate that is issued by the Commissioner, or by a Deputy Commissioner or Assistant Commissioner authorised by the Commissioner in that regard, being a certificate that states that, on a specified date or during a specified period, a specified police officer or other person was authorised to participate in an integrity testing program involving a specified act or omission is admissible in any legal proceedings and is conclusive evidence of the matters so specified.

(7) The Commissioner is to furnish to the LECC, within 14 days after the end of each quarter, a report on all integrity testing programs conducted during that quarter. For the purposes of this subsection,
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

(8) Such a report must be prepared in accordance with any guidelines established by the LECC and notified to the Commissioner.