Division 1Division 1 Reports by Commission
(1) Report where investigation
(cf ICAC Act s 74 (1))
The Commission may prepare reports in relation to any matter that has been or is the subject of an investigation.(2) Report where public hearing
(cf ICAC Act s 74 (3))
The Commission must prepare reports in relation to matters as to which the Commission has conducted a public hearing.(3) Report to be furnished to Presiding Officer
(cf ICAC Act s 74 (4))
The Commission is to furnish reports prepared under this section to the Presiding Officer of each House of Parliament.(4) Timing of report
(cf ICAC Act s 74 (7))
A report required under this section is to be furnished as soon as possible after the Commission has concluded its involvement in the matter.(5) Deferral
(cf ICAC Act s 74 (8))
The Commission may defer making a report under this section if it is satisfied that it is desirable to do so in the public interest.
97 Content of reports to Parliament
(1) The Commission is authorised to include in a report under section 96:(a) statements as to any of its assessments, opinions and recommendations, and(b) statements as to the Commission’s reasons for any of its assessments, opinions and recommendations.(2) The report must include, in respect of each “affected” person, a statement as to whether or not in all the circumstances the Commission is of the opinion that consideration should be given to the following:(a) the prosecution of a person for a specified criminal offence,(b) the taking of action against the person for a specified disciplinary offence,(c) the taking of action (including the making of an order under section 181D of the Police Act 1990) against the person as a police officer on specified grounds, with a view to dismissing, dispensing with the services or otherwise terminating the services of the police officer,(d) the taking of reviewable action within the meaning of section 173 of the Police Act 1990 against the person as a police officer.(3) An “affected” person is a person against whom, in the Commission’s opinion, substantial allegations have been made in the course of or in connection with the investigation concerned.(4) Subsection (2) does not limit the kind of statement that a report can contain concerning any such “affected” person and does not prevent a report from containing a statement described in that subsection in respect of any other person.
(cf ICAC Act s 75)
The Commission may, at any time, make a special report to the Presiding Officer of each House of Parliament on any administrative or general policy matter relating to the functions of the Commission.
(1) The Commission is required to prepare, within the period of 4 months after each 30 June, a report of its operations during the year ended on that 30 June and furnish the report to the Presiding Officer of each House of Parliament.(2) A report by the Commission under this section must include the following:(a) a description of the types of matters that were referred to the Commission,(b) a description of the types of matters investigated by the Commission,(c) an evaluation of the response of the Commissioner of Police, relevant members of the NSW Police Force Senior Executive Service and other relevant authorities to the findings and recommendations of the Commission,(d) any recommendations for changes in the laws of the State, or for administrative action, that the Commission considers should be made as a result of the exercise of its functions,(e) the general nature and extent of any information furnished under this Act by the Commission during the year to a law enforcement agency,(f) the extent to which its investigations have resulted in prosecutions, disciplinary action or the making of an order under section 173 or 181D of the Police Act 1990 in that year,(g) the number of search warrants issued by authorised officers and the Commissioner respectively under this Act in that year,(h) a description of its activities during that year in relation to its educating and advising functions.(3) Modification of Annual Reports (Departments) Act 1985
(cf Omb Act s 30 (2))
The Annual Reports (Departments) Act 1985 is, in its application to the annual report of the Commission, modified as follows:(a) letters of submission under that Act are to be made to the Presiding Officer of each House of Parliament and not to the appropriate Minister,(b) the annual report is to be submitted to the Presiding Officer of each House of Parliament and not to the appropriate Minister,(c) provisions of that Act relating to the presentation of annual reports to the appropriate Minister and to the public availability of annual reports do not apply to the Commission or the Commissioner.
100 Reports relating to authorities
(cf ICAC Act s 77)
(1) The Commission may furnish to the Presiding Officer of each House of Parliament a report setting out a recommendation referred to in section 79 which it is of the opinion should be adopted and the reasons for its opinion.(2) Such a report must not be furnished until after the period of 21 days referred to in section 79 (3) has passed.