New South Wales Consolidated Acts

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

37H Termination of police investigations

(1) If the Commissioner of Police is directed under this Part not to investigate a relevant police complaint (or any part of a relevant police complaint):

(a) the Commissioner of Police must not commence any such investigation or, if such an investigation has already commenced, must discontinue the investigation, and

(b) the Commissioner of Police must take all reasonable steps to ensure that any such investigation is not conducted by a police officer, and

(c) the direction not to investigate absolves the Commissioner of Police and other police officers from any duty with respect to crime and the preservation of the peace so far as it relates to that investigation or to the bringing of an offender concerned before the courts to be dealt with according to law.

(2) Subsection (1) applies to any investigation by the Commissioner of Police or a police officer, whether or not under Part 8A of the Police Act 1990 . However, subsection (1) does not prevent an investigation relating to an alleged offence that is conducted in accordance with arrangements made between the Commission and the Commissioner of Police.

(3) Despite anything to the contrary in this Part, an investigation by the Commissioner of Police may be commenced or resumed if the Commission notifies the Ombudsman that it has completed its investigation into the complaint or that it has decided to discontinue the investigation. Any such investigation may also be commenced or resumed after the end of the Royal Commission.