New South Wales Consolidated Acts

POLICE INTEGRITY COMMISSION ACT 1996 - SECT 13

13 Principal functions

(1) The principal functions of the Commission are as follows:

(a) to prevent officer misconduct,

(b) to detect or investigate, or manage or oversee other agencies in the detection or investigation of, officer misconduct,

(c) to receive and assess all matters not completed by the Police Royal Commission, to treat any investigations or assessments of the Police Royal Commission as its own, to initiate or continue the investigation of any such matters where appropriate, and otherwise to deal with those matters under this Act, and to deal with records of the Police Royal Commission as provided by this Act.

(2) The Commission is, as far as practicable, required to turn its attention principally to serious officer misconduct.

(3) The reference in this section to "managing" other agencies in the detection or investigation of officer misconduct is a reference to the provision by the Commission of detailed guidance in the planning and execution of such detection or investigation.

(4) The reference in this section to "overseeing" other agencies in the detection or investigation of officer misconduct is a reference to the provision by the Commission of a lower level of such guidance, relying rather on a system of guidelines prepared by it and progress reports and final reports furnished to it.

(5) In managing or overseeing other agencies for the purposes of this section, the Commission does not have a power of control or direction, and any such management or oversight is to be achieved by agreement. However, it is the duty of members of the NSW Police Force and Crime Commission officers to co-operate with the Commission in the exercise of its management and oversight functions and any other functions of the Commission.

(6) However, nothing in subsection (2), (3), (4) or (5):

(a) affects the capacity of the Commission to exercise any of the functions referred to in subsection (1), or

(b) provides a ground for any appeal or other legal or administrative challenge to the exercise by the Commission of any of those functions.