New South Wales Consolidated Acts

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

37G Decision of Commission to investigate part of complaint

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

(2) If the Commission makes such a decision, the Commission is to revise the complaint by removing the reference to that part of the conduct concerned that it has decided to investigate itself. The Commission is to notify the Ombudsman of the decision and furnish the Ombudsman with the revised complaint.

(3) On being so notified by the Commission, 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 conduct that was part of the original complaint but not part of the revised complaint.

(4) The Ombudsman is required to deal with the revised complaint in accordance with Part 8A of the Police Act 1990 .

(5) The Commission is not the complainant for a revised complaint and the original complainant continues to be the complainant for the purposes of the revised complaint.

(6) The Ombudsman is not required to give a direction under this section to the Commissioner of Police if the original 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 original complaint.