New South Wales Consolidated Acts

POLICE INTEGRITY COMMISSION ACT 1996

- As at 4 February 2008
- Act 28 of 1996

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Principal objects of Act
   4.      Definitions
   5.      Police misconduct
   5A.     Corrupt conduct of administrative officers

   PART 2 - CONSTITUTION OF COMMISSION

   6.      Commission
   7.      Commissioner
   8.      Assistant Commissioners
   9.      Functions of Assistant Commissioner
   10.     Staff
   11.     Delegation
   12.     Counsel assisting Commission

   PART 3 - FUNCTIONS OF COMMISSION

           Division 1 - Functions generally

   13.     Principal functions
   13A.    Other functions regarding administrative officers
   14.     Other functions regarding police activities and education programs
   14A.    Special audit of reform process
   15.     Other functions regarding evidence and information collected
   16.     Provisions regarding assessments, opinions and recommendations
   17.     Task forces
   18.     Co-operation with other agencies
   18A.    Reports concerning proposed police appointments
   19.     Application of Criminal Assets Recovery Act 1990
   20.     Evidence and procedure
   21.     Court proceedings
   22.     Incidental powers

           Division 2 - Investigations

   23.     Investigations generally
   24.     Preliminary investigations

           Division 3 - Obtaining information, documents and other things

   25.     Power to obtain information
   26.     Power to obtain documents or other things
   27.     Privilege as regards information, documents or other things
   28.     Self-incrimination
   29.     Power to enter public premises
   30.     Injunctions
   31.     Powers exercisable whether or not hearings being held

           Division 4 - Hearings

   32.     Hearings
   33.     Public and private hearings
   34.     Right of appearance of affected person
   35.     Legal representation
   36.     Groups and unincorporated associations
   37.     Examination and cross-examination of witnesses
   38.     Power to summon witnesses and take evidence

           Division 5 - Attendance before Commission

   39.     Arrest of witness
   39A.    Conditional release of witness
   39B.    Review by Supreme Court
   40.     Privilege as regards answers, documents etc
   41.     Declaration as to objection by witness
   42.     Reimbursement of expenses of witnesses
   43.     Legal and financial assistance for witness
   44.     Attendance of prisoner before Commission

           Division 6 - Search warrants

   45.     Issue of search warrant
   46.     Authority conferred by search warrant
   47.     Seizure of other documents and things
   48.     Application of search warrant provisions
   49.     Obstruction of person executing search warrant

           Division 7 - Listening device warrants

   50.     Listening devices

           Division 8 - Protection of witnesses and evidence

   51.     Protection of witnesses and persons assisting Commission
   52.     Restriction on publication of evidence
   53.     Publication of evidence given at private hearing
   54.     Disclosures prejudicing investigations
   55.     Indemnities and undertakings

           Division 9 - Secrecy, disclosure, admissibility

   56.     Secrecy
   57.     Disclosure of information and giving of evidence by Ombudsman to Commission
   58.     Disclosure of information and giving of evidence by Police Royal Commission to Commission
   59.     Disclosure of information and giving of evidence by Commission to Police Royal Commission
   60.     Disclosure of information and giving of evidence by Commission to Ombudsman
   61.     Secrecy provisions in other Acts
   62.     Admissibility of documents relating to complaints about police
   63.     Admissibility of documents from Police Royal Commission
   64.     Telecommunications (Interception) (New South Wales) Act 1987
   65.     Legal Profession Act 2004
   66.     Privacy and Personal Information Protection Act 1998

   PART 4 - POLICE COMPLAINTS

   67.     (Repealed)
   68.     Application of Part
   69.     (Repealed)
   70.     Powers of Commission in respect of police complaints
   71.     Commissioner of Police to be notified of take over or referral of investigation
           72, 73. (Repealed)
   74.     Termination of police investigations
   75.     This Part does not require matters to be disclosed by Commission

   PART 4A - COMPLAINTS AGAINST ADMINISTRATIVE OFFICERS

   75A.    Complaints about possible corrupt conduct of administrative officers
   75B.    Duty to notify Commission of possible corrupt conduct of administrative officers

   PART 5 - REFERRAL OF MATTERS BY COMMISSION

           Division 1 - Referral to police

   76.     Definition
   77.     Referral of matter
   78.     Report to Commission
   79.     Further action by Commission
   80.     Responsibility of police authority
   81.     Revocation of referral, recommendation etc

           Division 2 - Referral to other authorities or persons

   82.     Definition
   83.     Referral of matter
   84.     Referral of matter for action under confiscation legislation
   85.     Report to Commission
   86.     Further action by Commission
   87.     Role of relevant authority

   PART 6 - INSPECTOR OF THE POLICE INTEGRITY COMMISSION

   88.     Inspector of the Police Integrity Commission
   89.     Principal functions of Inspector
   90.     Powers of Inspector
   91.     Inquiries
   92.     Staff of Inspector
   93.     Incidental powers
   93A.    Former officers of the Commission

   PART 7 - PARLIAMENTARY JOINT COMMITTEE

   94.     Definition
   95.     Functions

   PART 8 - REPORTS TO PARLIAMENT

           Division 1 - Reports by Commission

   96.     Reports on investigations
   97.     Content of reports to Parliament
   98.     Special reports
   99.     Annual reports
   100.    Reports relating to authorities

           Division 2 - Reports by Inspector

   101.    Special reports
   102.    Annual reports

           Division 3 - General

   103.    Provisions relating to reports

   PART 9 - CERTAIN OFFENCES

   104.    Obstruction of Commission or Inspector
   105.    Public and private hearings
   106.    Failure to attend etc
   107.    False or misleading evidence
   108.    Offences relating to documents or other things
   109.    Procuring false testimony by witness
   110.    Bribery of witness
   111.    Fraud on witness
   112.    Preventing witness from attending and threats to witnesses
   113.    Injury to witness or person assisting Commission
   114.    Dismissal of witness, or person assisting Commission, by employer
   115.    Impersonation of officer of Commission
   116.    Bribery of officer of Commission

   PART 10 - CONTEMPT OF COMMISSION

   117.    Definition
   118.    Contempt
   119.    Punishment of contempt
   120.    General provisions regarding contempt
   120A.   Conditional release of offender
   120B.   Review by Supreme Court
   121.    Act or omission that is both an offence and contempt

   PART 11 - SPECIAL POWERS AND WEAPONS

   122.    Definitions
   123.    Commission investigator who is seconded police officer or approved former police officer to have all powers of NSW police officer
   124.    Firearms and other police equipment

   PART 12 - RELATIONSHIP OF COMMISSION WITH OTHER AGENCIES

   125.    Relationship with Ombudsman regarding conduct of PIC
   126.    Relationship with ICAC regarding conduct of PIC
   127.    Statutory notification by PIC to ICAC
   128.    Notification of police complaints by ICAC to Ombudsman or PIC
   129.    Functions of ICAC where police officers or administrative officers involved
   130.    Functions of PIC where other public officials involved
   131.    Arrangements between PIC and ICAC
   132.    Other roles of ICAC not affected
   133.    Relationship with Auditor-General
   134.    Relationship with Police Royal Commission
   135.    Complaints by public officials

   PART 13 - MISCELLANEOUS

   136.    Act binds Crown
   137.    Protection from liability
   138.    Disclosure of pecuniary interests and other matters
   139.    Service of documents
   140.    Penalties for offences committed by corporations
   141.    Proceedings for offences
   142.    Exercise of functions by police
   143.    Regulations
   144.    Savings, transitional and other provisions
   145.    Parliament
   146.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3