New South Wales Consolidated Acts

POLICE INTEGRITY COMMISSION ACT 1996 - SECT 5

5 Police misconduct

(1) Definition For the purposes of this Act, "police misconduct" means misconduct (by way of action or inaction or alleged action or inaction) of a police officer:

(a) whether or not it also involves non-police participants, and

(b) whether or not it occurs while the police officer is officially on duty, and

(c) whether or not it occurred before the commencement of this subsection, and

(d) whether or not it occurred outside the State or outside Australia.

(2) Examples Police misconduct can involve (but is not limited to) any of the following:

(a) police corruption,

(b) the commission of a criminal offence by a police officer,

(b1) misconduct in respect of which the Commissioner of Police may take action under Part 9 of the Police Act 1990 ,

(c) corrupt conduct within the meaning of the Independent Commission Against Corruption Act 1988 involving a police officer,

(d) any other matters about which a complaint can be made under the Police Act 1990 .

(3) Former police officers (cf ICAC Act s 8 (3))
Conduct may be dealt with, or continue to be dealt with, under this Act even though any police officer involved has ceased to be a police officer. Accordingly, references in this Act to a police officer extend, where appropriate, to include a former police officer.

(4) Serious and other misconduct References in provisions of this Act to “serious” police misconduct and “other” police misconduct are intended for general guidance and are not intended to indicate a precise distinction between the two concepts.