New South Wales Consolidated Acts

ROYAL COMMISSION (POLICE SERVICE) ACT 1994

- As at 1 March 2012
- Act 60 of 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Act applies only to Police Royal Commission
   4.      Definitions
   5.      Relationship with 1923 Act

   PART 2 - OBTAINING INFORMATION, DOCUMENTS AND OTHER THINGS

   6.      Power to obtain information
   7.      Power to obtain documents etc
   8.      Privilege as regards information, documents etc
   9.      Self-incrimination
   10.     Power to enter public premises

   PART 3 - ATTENDANCE BEFORE THE COMMISSION

   11.     Arrest of witness
   11A.    Conditional release of witness
   11B.    Review by Supreme Court
   12.     Declaration as to objection by witness
   13.     Reimbursement of expenses of witnesses
   14.     Attendance of prisoner before Commission

   PART 4 - SEARCH AND LISTENING DEVICE WARRANTS

   15.     Issue of search warrant
   16.     Authority conferred by warrant
   17.     Duty to show warrant
   18.     Use of force
   19.     Use of assistants to execute warrant
   20.     Execution of warrant by day or night
   21.     Expiry of warrant
   22.     Seizure of other documents and things
   23.     Application of provisions of the Law Enforcement (Powers and Responsibilities) Act 2002
   24.     Obstruction of person executing search warrant
   25.     Surveillance devices

   PART 5 - PROTECTION OF WITNESSES AND EVIDENCE

   26.     Protection of witnesses and persons assisting Commission
   27.     Restriction on publication of evidence
   28.     Disclosures prejudicing inquiry
   29.     Indemnities and undertakings

   PART 6 - SECRECY, DISCLOSURE, ADMISSIBILITY

   30.     Secrecy
   30A.    Notification to ICAC of possible corrupt conduct
   31.     Disclosure of information and giving of evidence by Ombudsman
   32.     Secrecy provisions in other Acts
   33.     Admissibility of documents relating to complaints about police
   34.     Telecommunications (Interception) (New South Wales) Act 1987
   35.     Legal Profession Act 1987
   36.     Privacy and Personal Information Protection Act 1998
   37.     Religious confessions

   PART 6A - INVESTIGATION OF POLICE COMPLAINTS BY COMMISSION

   37A.    Definition of “relevant police complaint”
   37B.    Application of Part
   37C.    Ombudsman to forward copies of relevant police complaints to Commission
   37D.    Decision of Commission on referred police complaints
   37E.    Decision of Commission to investigate complaint
   37F.    Decision of Commission not to investigate complaint
   37G.    Decision of Commission to investigate part of complaint
   37H.    Termination of police investigations
   37I.    This Part does not require matters to be disclosed by Commission

   PART 6B - POLICE POWERS AND WEAPONS

   37J.    Definitions
   37K.    Commission investigator who is seconded police officer to have all powers of NSW police officer
   37L.    Firearms and other police equipment

   PART 7 - MISCELLANEOUS

   38.     Effect of pending proceedings
   39.     Delegation
   40.     Protection from liability
   41.     Proceedings for offences
   42.     Regulations
   43.     Savings and transitional provisions
           SCHEDULE 1