Part 2 Constitution of Commission
(cf ICAC Act s 4)
(1) There is constituted by this Act a corporation with the corporate name of the Police Integrity Commission.(2) The Commission has the functions conferred or imposed on it by or under this or any other Act.(3) The functions of the Commission are exercisable by the Commissioner. Any act, matter or thing done in the name of, or on behalf of, the Commission by the Commissioner, or with the authority of the Commissioner, is taken to have been done by the Commission.(4) A reference in this Act to a hearing before the Commission or anything done or omitted by, to or in relation to the Commission includes a reference to a hearing before, or a thing done or omitted by, to or in relation to the Commissioner or another officer of the Commission having authority in the circumstances.
(1) Appointment
(cf ICAC Act s 5 (1))
The Governor may appoint a Commissioner for the Police Integrity Commission.(2) General functions
(cf ICAC Act s 5 (2))
The Commissioner has and may exercise the functions conferred or imposed on the Commissioner by or under this or any other Act.(3) Schedule of provisions relating to Commissioner
Schedule 1 has effect.
(1) Staff to include Assistant Commissioners
The staff of the Commission may include one or more Assistant Commissioners for the Police Integrity Commission.(2) General functions
(cf ICAC Act s 6 (2))
An Assistant Commissioner has and may exercise the functions conferred or imposed on an Assistant Commissioner by or under this or any other Act.(3) Vacancies and removal from office
Clause 7 of Schedule 1 applies to an Assistant Commissioner in the same way as it applies to the Commissioner, other than clause 7 (1) (c). The clause so applies to the exclusion of any provision of any Act or contract that provides for vacation of office or removal from office.(4) Holder of judicial office
Clause 6 of Schedule 1 applies to an Assistant Commissioner in the same way as it applies to the Commissioner.
9 Functions of Assistant Commissioner
(cf Omb Act s 8A (1))
An Assistant Commissioner may, to the extent to which he or she is directed by the Commissioner to do so, exercise any function of the Commissioner, other than such functions as may be prescribed by the regulations for the purpose of this section.
(1) The staff of the Commission comprises:(a) the staff who are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions, and(b) the persons referred to in subsections (3) and (4).(2) (Repealed)(3) Consultants
(cf NSW CC Act s 33 (3))
The Commission may engage persons as consultants to the Commission or to perform services for it.(4) Use of staff, facilities or certain police
(cf NSW CC Act s 33 (4); RC (PS) Act s 37J)
The Commission may arrange:(a) for the use of the services of any staff or facilities of a government department or a local or public authority, or(b) for:(i) a member of the Australian Federal Police, or(ii) a member of the Police Force of another State or Territory, or(iii) a member of the Police Force of any country prescribed by the regulations for the purposes of this Act,to be seconded or otherwise engaged to assist the Commission.(5) Police
Police officers and former police officers cannot be appointed to, employed or engaged by, or seconded to the service of, the Commission, nor (without limiting the foregoing provisions of this subsection) can arrangements be made under subsection (4) for the use of their services.(6) Limited use of police
Subsection (5) does not, however, prevent arrangements being made by the Commission for police officers (in their capacity as police officers) to be involved in:(a) the work of task forces with which the Commission is involved, or(b) carrying out or participating in investigations for or on behalf of or under the direction of the Commission.(7) Former police of other jurisdictions
The Commission may designate an officer of the Commission as an approved former police officer for the purposes of this Act, if:(a) the officer has served for at least 5 years in one or more of the following capacities:(i) a member of the Australian Federal Police,(ii) a member of the Police Force of another State or Territory,(iii) a member of the Police Force of any country prescribed by the regulations for the purposes of this Act, and(b) the Commission is satisfied after inquiry that the officer’s service in any such capacity was satisfactory, and(c) the officer is not a police officer or former police officer of New South Wales.
(cf ICAC Act s 107)
(1) Delegation by PIC
The Commission may delegate to an officer of the Commission any of its functions, other than this power of delegation.(2) Delegation by PIC Commissioner
The Commissioner may delegate to an officer of the Commission any of his or her functions.(3) Subdelegation
An officer of the Commission may delegate to another officer of the Commission any of the functions delegated to the officer, subject to any condition to which the delegation is subject.(4) Limitations on delegation
The following functions may be delegated only to an Assistant Commissioner:(a) the making of an application for an injunction under section 30,(b) the powers of the Commission or the Commissioner under Division 4 or 5 of Part 3 at or in connection with a hearing, except the power to issue a warrant for the arrest of a person under section 39,(c) the powers of the Commissioner under Part 10 at or in connection with a hearing.(5) The following functions may not be delegated (except as provided by subsection (6)):(a) a function of making a report under this Act,(b) the power of the Commissioner to issue a warrant for the arrest of a person under section 39 or 120,(c) the power of the Commissioner to issue search warrants under section 45,(d) the power to require a public authority or public official to produce a statement or information under section 25,(e) the power to require a person to attend and produce a document or other thing under section 26,(f) the power to authorise an officer of the Commission to enter premises under section 29.(6) The functions referred to in subsection (5) may be delegated to an Assistant Commissioner (and an Assistant Commissioner only) if the Assistant Commissioner has special legal qualifications.
12 Counsel assisting Commission
(cf ICAC Act s 106)
The Commissioner may appoint an Australian legal practitioner to assist the Commission as counsel, either generally or in relation to a particular matter or matters.