New South Wales Consolidated Regulations

LAW ENFORCEMENT (CONTROLLED OPERATIONS) REGULATION 2007 - SCHEDULE 2

SCHEDULE 2 – Code of conduct

(Clause 10)

1 Applicants for authorities to act in good faith

(1) In making an application for an authority, or for a variation of an authority, the applicant must at all times act in good faith.

(2) In particular, the applicant must ensure that the application:

(a) discloses all information of which the applicant is aware as to the circumstances giving rise to the application, especially those that could affect the way in which the application will be determined, and

(b) does not contain anything that is incorrect or misleading in a material particular.

(3) If the applicant subsequently becomes aware of information that, had it been known to the chief executive officer when the application was determined, could have affected the way in which the application would have been determined, the applicant must ensure that the information is given to the chief executive officer as soon as practicable.

2 Disclosure of changed circumstances

If the principal law enforcement officer for an authorised operation becomes aware of circumstances that are likely to require a variation of the authority for the operation, the officer must ensure that:

(a) information as to those circumstances is given to the chief executive officer as soon as practicable, and

(b) a written application for such a variation is made to the chief executive officer before it becomes impracticable to do so.

3 Participants to be properly briefed

Before conducting an authorised operation, the principal law enforcement officer for the operation:

(a) must ensure that each law enforcement participant and each civilian participant:

(i) has a thorough understanding of the nature and extent of any controlled activities in which the participant may be directed to engage in for the purposes of the operation, and

(ii) is made aware of the terms of the authority to the extent to which it authorises the participant to engage in those activities, and

(b) must ensure that each civilian participant undertakes not to engage in any controlled activities other than those referred to in paragraph (a), and

(c) must make a written record of each undertaking given by a civilian participant as referred to in paragraph (b).

4 Obligations of law enforcement participants with respect to their own actions

At all times during the conduct of an authorised operation, each law enforcement participant:

(a) must act in good faith, and

(b) must comply with any lawful directions given to the participant by the principal law enforcement officer for the operation.

5 Obligations of law enforcement participants with respect to the actions of others

Each law enforcement participant in an authorised operation must take all reasonable steps to ensure that the conduct of the operation does not involve any participant in the operation:

(a) inducing or encouraging another person to engage in criminal activity or corrupt conduct of a kind that the other person could not reasonably be expected to engage in unless so induced or encouraged, or

(b) engaging in conduct that is likely to seriously endanger the health or safety of that or any other participant, or any other person, or to result in serious loss or damage to property, or

(c) engaging in conduct that involves the commission of a sexual offence against any person, or

(d) engaging in any activity that, not being a controlled activity, is unlawful.

6 Reports to be made in good faith

(1) In preparing a report on the conduct of an authorised operation, the reporting officer must at all times act in good faith.

(2) In particular, the reporting officer must ensure that the report:

(a) discloses all information of which the officer is aware as to matters required to be included in the report, and

(b) does not contain anything that is incorrect or misleading in a material particular.

(3) If the reporting officer subsequently becomes aware of:

(a) information that, had it been known to the officer when the report was prepared, should have been included in the report, or

(b) information that indicates that anything contained in the report is incorrect or misleading in a material particular,

the officer must ensure that the information is given to the chief executive officer as soon as practicable.

7 Breaches of code to be reported

(1) If a law enforcement participant in an authorised operation becomes aware that a breach of this code has occurred in relation to the operation, the participant must ensure that notice of the breach is given to the chief executive officer as soon as practicable.

(2) It is sufficient compliance with this clause if notice of the breach is reported in accordance with the internal reporting procedures applicable to the law enforcement agency to which the law enforcement participant belongs.

8 Relationship to other codes of conduct

In its application to a law enforcement agency, the provisions of this code are in addition to, and do not derogate from, the provisions of any other code of conduct that applies to that agency.