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POLICE SERVICE ACT 2003 - SECT 46 Investigating complaints

POLICE SERVICE ACT 2003 - SECT 46

Investigating complaints

(1)  As soon as practicable after receiving a complaint, the Commissioner must determine whether to –
(a) investigate the complaint; or
(b) dismiss the complaint without an investigation.
(2)  In determining whether to dismiss the complaint without an investigation, the Commissioner may take into account the following:
(a) what action has been or is to be taken to remedy the subject matter of the complaint;
(b) whether the complaint is frivolous, vexatious or not made in good faith;
(c) whether the subject matter of the complaint is trivial;
(d) whether the subject matter of the complaint is able to be resolved by conciliation;
(e) whether there was or is an alternative and satisfactory means of redress available to the complainant;
(f) whether the subject matter of the complaint is being, is to be, or has been, dealt with in other proceedings;
(g) any other matter the Commissioner considers appropriate.
(3)  The Commissioner may –
(a) direct any police officer to –
(i) assist in the investigation of a complaint; and
(ii) provide any information or document or answer any question for the purpose of the investigation; and
(b) conduct the investigation in any manner the Commissioner considers appropriate.