New South Wales Consolidated Acts

ROYAL COMMISSION (POLICE SERVICE) ACT 1994 - SECT 37D

37D Decision of Commission on referred police complaints

(1) The Commission must, as soon as practicable after receiving a relevant police complaint under this Part, notify the Ombudsman of its decision under this section with respect to the complaint.

(2) The Commission may decide:

(a) to take over the investigation of the complaint from the Commissioner of Police, or

(b) not to take over the investigation of the complaint from the Commissioner of Police and to refer the complaint back to be dealt with in accordance with Part 8A of the Police Act 1990 , or

(c) to take over the investigation of part of the complaint from the Commissioner of Police and to refer the remainder of the complaint back to be dealt with in accordance with Part 8A of the Police Act 1990 .

(3) The Commission may review any decision made by it under this section and notify the Ombudsman of a revised decision. The Ombudsman is to give effect to the revised decision in accordance with this Part.

(4) The Commission may investigate any matter relating to a relevant police complaint forwarded to the Commission under this Part even though it refers the complaint back to be dealt with in accordance with Part 8A of the Police Act 1990 .

(5) The Commission may make a decision under this section before the commencement of an investigation by the Commissioner of Police under Part 8A of the Police Act 1990 , during the progress of any such investigation or after any such investigation.