Division 1Division 1 Referral to police or NSW Crime Commission
In this Division:Crime Commission means the New South Wales Crime Commission.
police authority means the Commissioner of Police or such other police officer or police officers or such unit or other part of the NSW Police Force as are agreed on by the PIC Commissioner and the Commissioner of Police or as are prescribed by the regulations.
(cf ICAC Act s 53)
(1) The Commission may, before or after investigating a matter (whether or not the investigation is completed), refer the matter for investigation or action:(a) to a police authority, or(b) if the matter relates to a Crime Commission officer—to the Crime Commission.(2) The Commission may, when referring a matter, recommend what action should be taken by a police authority or the Crime Commission and the time within which it should be taken.(3) The Commission may communicate to a police authority or the Crime Commission information that the Commission has obtained during the investigation of conduct connected with the matter.(4) The Commission must not refer a matter to a police authority except after appropriate consultation with a police authority and after taking into consideration the views of the police authority with whom it has consulted.(4A) The PIC must not refer a matter to the Crime Commission except after appropriate consultation with the Crime Commissioner and after taking into consideration the views of the Crime Commissioner.(5) If the Commission communicates 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.
(cf ICAC Act s 54)
(1) The PIC may, when referring a matter under this Division, require the police authority or the Crime Commission (as the case requires) to submit to the PIC a report or reports in relation to the matter and the action taken by the police authority or the Crime Commission.(2) A report must be of such a nature as the Commission directs.(3) A report must be submitted to the Commission within such time as the Commission directs.
79 Further action by Commission
(cf ICAC Act s 55)
(1) If the Commission is not satisfied that a police authority has duly and properly taken action in connection with a matter referred under this Division, the Commission must inform the Commissioner of Police of the grounds of the Commission’s dissatisfaction and must give the Commissioner of Police an opportunity to comment within a specified time.(2) If, after considering any comments received from the Commissioner of Police within the specified time, the Commission is still not satisfied, the Commission may submit a report to the Minister for Police setting out the recommendation concerned and the grounds of dissatisfaction, together with any comments from the Commissioner of Police and the Commission.(3) If, after considering any comments received from the Minister for Police within 21 days after the report was submitted to that Minister under subsection (2), the Commission is still of the opinion that the recommendation should be adopted, the Commission may make a report as referred to in section 100.
79A Referrals to Crime Commission—further action by PIC
(1) If the PIC is not satisfied that the Crime Commission has duly and properly taken action in connection with a matter referred to it under this Division, the PIC must inform the Crime Commissioner of the grounds of the PIC’s dissatisfaction and must give the Crime Commissioner an opportunity to comment within a specified time.(2) If, after considering any comments received from the Crime Commissioner within the specified time, the PIC is still not satisfied, the PIC may submit a report to the Minister for Police setting out the recommendation concerned and the grounds of dissatisfaction, together with any comments from the Crime Commissioner and the PIC.(3) If, after considering any comments received from the Minister for Police within 21 days after the report was submitted to that Minister under subsection (2), the PIC is still of the opinion that the recommendation should be adopted, the PIC may make a report as referred to in section 100.
80 Responsibility of police authority or the Crime Commission
(cf ICAC Act s 56)
It is the duty of a police authority or the Crime Commission to comply with any requirement or direction of the Commission under this Division.
81 Revocation of referral, recommendation etc
(cf ICAC Act s 57)
(1) The Commission may revoke a referral under this Division.(2) The Commission may revoke or vary a recommendation, requirement or direction of the Commission under this Division.(3) The Commission may vary any time within which a requirement under this Division is to be complied with.