New South Wales Consolidated Acts

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

37E Decision of Commission to investigate complaint

(1) This section applies to a decision of the Commission under section 37D (2) (a) to take over the investigation of a relevant police complaint from the Commissioner of Police.

(2) On being notified by the Commission of any such decision, the Ombudsman is required to notify the Commissioner of Police immediately of the Commission’s decision and direct the Commissioner of Police not to investigate the complaint concerned.

(3) Section 140 (4) of the Police Act 1990 does not apply to any such direction.

(4) The Ombudsman is not required to give a direction under this section to the Commissioner of Police if the complaint concerned was not forwarded to the Ombudsman by the Commissioner of Police and the Ombudsman has not informed the Commissioner of Police of the existence of the complaint.