Division 1Division 1 Functions generally
(1) The principal functions of the Commission are as follows:(a) to prevent police misconduct,(b) to detect or investigate, or manage or oversee other agencies in the detection or investigation of, police misconduct,(c) (Repealed)(d) to receive and assess all matters not completed by the Police Royal Commission, to treat any investigations or assessments of the Police Royal Commission as its own, to initiate or continue the investigation of any such matters where appropriate, and otherwise to deal with those matters under this Act, and to deal with records of the Police Royal Commission as provided by this Act.(2) The Commission is, as far as practicable, required to turn its attention principally to serious police misconduct.(3) The reference in this section to managing other agencies in the detection or investigation of police misconduct is a reference to the provision by the Commission of detailed guidance in the planning and execution of such detection or investigation.(4) The reference in this section to overseeing other agencies in the detection or investigation of other police misconduct is a reference to the provision by the Commission of a lower level of such guidance, relying rather on a system of guidelines prepared by it and progress reports and final reports furnished to it.(5) In managing or overseeing other agencies for the purposes of this section, the Commission does not have a power of control or direction, and any such management or oversight is to be achieved by agreement. However, it is the duty of members of the NSW Police Force to co-operate with the Commission in the exercise of its management and oversight functions and any other functions of the Commission.(6) However, nothing in subsection (2), (3), (4) or (5):(a) affects the capacity of the Commission to exercise any of the functions as referred to in subsection (1), or(b) provides a ground for any appeal or other legal or administrative challenge to the exercise by the Commission of any of those functions.
13A Other functions regarding administrative officers
(1) Other functions of the Commission include the following:(a) to prevent corrupt conduct of administrative officers,(b) to detect or investigate, or oversee other agencies in the detection or investigation of, corrupt conduct of administrative officers.(2) The Commission is, as far as practicable, required to turn its attention principally to serious corrupt conduct of administrative officers.(3) The reference in this section to overseeing other agencies in the detection or investigation of corrupt conduct of administrative officers is a reference to the provision by the Commission of guidance that relies on a system of guidelines prepared by it and progress reports and final reports furnished to it rather than the provision of detailed guidance in the planning and execution of such detection and investigation.(4) In overseeing other agencies for the purposes of this section, the Commission does not have a power of control or direction, and any such oversight is to be achieved by agreement. However, it is the duty of members of the NSW Police Force to co-operate with the Commission in the exercise of its oversight functions and any other functions of the Commission.(5) However, nothing in subsection (2), (3) or (4):(a) affects the capacity of the Commission to exercise any of the functions as referred to in subsection (1), or(b) provides a ground for any appeal or other legal or administrative challenge to the exercise by the Commission of any of those functions.
14 Other functions regarding police activities and education programs
Other functions of the Commission include the following:(a) to undertake inquiries into or audits of any aspect of police activities for the purpose of ascertaining whether there is police misconduct or any circumstances that may be conducive to police misconduct,(b) in particular, to monitor the quality of the management of investigations conducted within the NSW Police Force and to undertake audits of those investigations,(c) to make recommendations concerning police corruption education programs, police corruption prevention programs, and similar programs, conducted within the NSW Police Force or by the Ombudsman or the Independent Commission Against Corruption for the NSW Police Force,(d) to advise police and other authorities on ways in which police misconduct may be eliminated.(e), (f) (Repealed)
14A Special audit of reform process
(1) The Commission is required to engage one or more suitably qualified and experienced persons (referred to in this section as auditors) to conduct an ongoing audit of the kind referred to in Recommendation 174 of the Final Report of the Police Royal Commission and described in Appendix 31 to that Report.(2) The audit is to be conducted over a period of at least three years, and must be completed before the expiration of the period of four years, commencing with the date of commencement of this section, but is to have regard to matters arising before as well as after that date.(3) The Commission is responsible for the selection and engagement of the auditors, the approval of the audit specifications and terms of reference, and the oversight and administration of the audit process.(4) The auditors are to furnish progress reports to the Commission as to the conduct of the audit, and are to furnish a final report to the Commission as soon as possible after the completion of the audit.(5) The Commission is to furnish a copy of each such report to the Minister and the Commissioner of Police, together with such comments and recommendations as it thinks fit.(6) Nothing in this section affects any other function of the Commission with respect to the monitoring and auditing of the operations and procedures of the NSW Police Force.
15 Other functions regarding evidence and information collected
(cf ICAC Act s 14)
(1) Other functions of the Commission include the following:(a) to assemble evidence that may be admissible in the prosecution of a person for a criminal offence against the law of the State and to furnish any such evidence to the Director of Public Prosecutions,(b) to assemble evidence that may be used in:(i) the investigation of a police complaint or administrative officer complaint, or(ii) deciding whether to take action under section 173 or 181D of the Police Act 1990,and to furnish any such evidence to the Minister, the Commissioner of Police or other appropriate authority in the State,(c) to assemble evidence that may be admissible in the prosecution of a person (other than a police officer) for a disciplinary offence under the law of the State and to furnish any such evidence to the appropriate authority in the State,(d) to furnish evidence obtained in the course of its investigations (being evidence that may be admissible in the prosecution of a person for a criminal offence against or a disciplinary offence under the law of the Commonwealth or another State or Territory) to the Attorney General or to the appropriate authority in the jurisdiction concerned.(2) Evidence of the kind referred to in subsection (1) (d) may be accompanied by any observations that the Commission thinks appropriate and (in the case of evidence furnished to the Attorney General) recommendations as to what action the Commission considers should be taken in relation to the evidence.(3) A copy or detailed description of any evidence furnished to the appropriate authority in another jurisdiction, together with a copy of any accompanying observations, is to be furnished to the Attorney General.(4) If the Commission obtains any information in the course of its investigations relating to the exercise of the functions of a public authority (other than the Ombudsman in the exercise of its functions in relation to police misconduct or police complaints), the Commission may, if it thinks it desirable to do so:(a) furnish the information or a report of the information to the authority or the Minister for the authority, and(b) make to the authority or the Minister for the authority such recommendations (if any) relating to the exercise of the functions of the authority as the Commission thinks appropriate.(5) A copy of any information or report furnished to a public authority under subsection (4), together with a copy of any such recommendation, is to be furnished to the Minister for the authority.(6) If the Commission furnishes any evidence or information to a person under this section on the understanding that the information is confidential, the person is subject to the secrecy provisions of section 56 in relation to the evidence or information.
16 Provisions regarding assessments, opinions and recommendations
(1) The Commission may:(a) make assessments and form opinions, on the basis of its investigations or those of the Police Royal Commission or of agencies of which it has management or oversight under this Act, as to whether police misconduct or other misconduct or corrupt conduct of an administrative officer:• has or may have occurred, or• is or may be occurring, or• is or may be about to occur, or• is likely to occur, and(b) make recommendations as to whether consideration should or should not be given to the prosecution of or the taking of action under Part 9 of the Police Act 1990 or other disciplinary action against particular persons, and(c) make recommendations for the taking of other action that the Commission considers should be taken in relation to the subject-matter of its assessments or opinions or the results of any such investigations.(2) However, the Commission may not:(a) make a finding or form an opinion that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence (whether or not a specified criminal offence or disciplinary offence), or(b) make a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence (whether or not a specified criminal offence or disciplinary offence).(3) An opinion that a person has engaged, is engaging or is about to engage:(a) in police misconduct or corrupt conduct of an administrative officer (whether or not specified conduct), or(b) in specified conduct (being conduct that constitutes or involves or could constitute or involve police misconduct or corrupt conduct of an administrative officer),is not a finding or opinion that the person is guilty of or has committed, or is committing or is about to commit a criminal offence or disciplinary offence.(4) Nothing is this section prevents or affects the exercise of any function by the Commissioner that it considers appropriate for the purposes of or in the context of Division 2 of Part 9 of the Police Act 1990.
(cf ICAC Act s 15)
The Commission may, in connection with its functions:(a) arrange for the establishment of task forces within the State, and(b) seek the establishment of joint task forces with authorities of the Commonwealth or other States or Territories, and(c) co-operate with State task forces, Commonwealth task forces, joint task forces or other task forces,(d) co-ordinate or co-operate in co-ordinating any such task forces.
18 Co-operation with other agencies
(cf ICAC Act s 16)
(1) In exercising its investigative functions, the Commission may work in co-operation with investigative agencies and such other persons and bodies as the Commission thinks appropriate (whether or not they are in or of the State).(2) In exercising its other functions, the Commission may work in co-operation with the educational institutions and such other persons and bodies as the Commission thinks appropriate (whether or not they are in or of the State).(3) The Commission may consult with and disseminate intelligence and information to investigative agencies and such other persons and bodies (including any task force and any member of a task force) as the Commission thinks appropriate (whether or not they are in or of the State).(4) If the Commission disseminates information to a person or body under this section on the understanding that the information is confidential, the person or body is subject to the secrecy provisions of section 56 in relation to the information.(5) In this section:investigative agency means:
(a) the Ombudsman, or(b) the New South Wales Crime Commission, or(c) the Independent Commission Against Corruption, or(d) the Auditor-General, or(e) the NSW Police Force (or any unit or other part of it), or(f) a police force of another State or Territory (or any unit or other part of it), or(g) the Australian Federal Police (or any unit or other part of it), or(h) the Australian Crime Commission, or(i) the Australian Bureau of Crime Intelligence, or(j) any other authority or person responsible for the enforcement of laws of the Commonwealth or of the State, another State or a Territory or charged under any such laws with investigating or detecting police or other misconduct.
18A Reports concerning proposed police appointments
(1) The Commission may include in a report under section 24 (7), 39 (4) or 64 (5) of the Police Act 1990 a statement that the report is furnished on the understanding that the information in the report is confidential to the following authorised persons:(a) the recipient of the report, and(b) any persons specified in the statement.(2) Each authorised person is subject to the secrecy provisions of section 56 in relation to the information, but the information may despite that section be divulged to any other such authorised person.(3) For the purposes of section 56, the authorised persons are taken to have acquired the information in the exercise of functions under this Act.(4) A person may be specified under this section by reference to the person’s name or office.
19 Application of Criminal Assets Recovery Act 1990
(1) The Criminal Assets Recovery Act 1990 applies to the Police Integrity Commission in the same way as it applies to the New South Wales Crime Commission.(2) Accordingly, references in that Act to the Crime Commission are taken to include references to the Police Integrity Commission, so that functions exercisable by the Crime Commission may be exercised by either body.(3) The Police Integrity Commission may exercise a function under that Act only:(a) after the PIC Commissioner has consulted with the Crime Commission, or(b) in conformity with an arrangement referred to in section 84 of this Act,and must consider whether any such function should instead be exercised by the Crime Commission.(4) It is intended that the Police Integrity Commission will exercise a function under that Act only in connection with matters arising during or out of its own investigations. However, this subsection does not provide any grounds for an appeal against or any other challenge to the exercise by the Commission of any such function.
(cf ICAC Act s 17)
(1) The Commission is not bound by the rules or practice of evidence and can inform itself on any matter in such manner as it considers appropriate.(2) The Commission is required to exercise its functions with as little formality and technicality as is possible, and, in particular, the Commission is required to accept written submissions as far as is possible and hearings are to be conducted with as little emphasis on an adversarial approach as is possible.(3) Despite subsection (1), section 127 (Religious confessions) of the Evidence Act 1995 applies to any hearing before the Commission.
(cf ICAC Act s 18; RC (PS) Act s 38)
(1) The Commission may do any or all of the following, despite any proceedings that may be in or before any court, tribunal, warden, coroner, Magistrate or other person:(a) commence, continue, discontinue or complete any investigation,(b) furnish reports in connection with any investigation,(c) do all such acts and things as are necessary or expedient for those purposes.(2) If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commission may, to the extent to which the Commission thinks it necessary to do so to ensure the accused’s right to a fair trial is not prejudiced:(a) ensure that, as far as practicable, any hearing or other matters relating to the investigation are conducted in private during the currency of the proceedings, and(b) give directions under section 52, having effect during the currency of the proceedings, and(c) defer making a report to Parliament in relation to the investigation during the currency of the proceedings.(3) Subsection (2) does not apply:(a) in the case of committal proceedings—before the commencement of the committal hearing, that is, the commencement of the taking of the evidence for the prosecution in the committal proceedings, and(b) in any other case—after the proceedings cease to be proceedings for the trial of a person before a jury.(4) This section has effect whether or not the proceedings commenced before or after the relevant investigation commenced and has effect whether or not the Commission or an officer of the Commission is a party to the proceedings.
(cf ICAC Act s 19 (1))
(1) The Commission has power to do all things necessary to be done for or in connection with, or reasonably incidental to, the exercise of its functions. Any specific powers conferred on the Commission by this Act are not taken to limit by implication the generality of this section.(2) However, the Commission cannot employ any staff.Note. Staff to enable the Commission to exercise its functions may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service. However, the Commission may still, under section 10, arrange for the use of services of staff or facilities of other agencies and for police officers to perform services for the Commission, as well as engage consultants.