Division 1In this Part:complaints information system means the system established by the regulations for recording information concerning complaints, as referred to in section 128.
conduct of a police officer means any action or inaction (or alleged action or inaction) of a police officer:
(a) whether or not it also involves non-police participants, and(b) whether or not it occurs while the police officer is officially on duty, and(c) whether or not it occurs outside the State or outside Australia.investigating authority means the Commissioner, the Police Integrity Commission or the Ombudsman.
notifiable complaint means any complaint that (in accordance with guidelines agreed between the Police Integrity Commission and the Ombudsman after consultation with the Commissioner) is required to be notified to the Ombudsman.
Ombudsman’s special report means a special report referred to in section 160.
122 Application of Part to certain complaints
(1) This Part applies to and in respect of a complaint that alleges or indicates one or more of the following:(a) conduct of a police officer that constitutes an offence,(b) conduct of a police officer that constitutes corrupt conduct (including, but not limited to, corrupt conduct within the meaning of the Independent Commission Against Corruption Act 1988),(c) conduct of a police officer that constitutes unlawful conduct (not being an offence or corrupt conduct),(d) conduct of a police officer that, although not unlawful:(i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or(ii) arises, wholly or in part, from improper motives, or(iii) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration, or(iv) arises, wholly or in part, from a mistake of law or fact, or(v) is conduct of a kind for which reasons should have (but have not) been given,(e) conduct of a police officer that is engaged in in accordance with a law or established practice, being a law or practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its effect.(2) This Part does not apply to or in respect of a complaint of a kind that (in accordance with guidelines agreed between the Police Integrity Commission and the Ombudsman after consultation with the Commissioner) need not be dealt with in accordance with this Part.
123 Application of Part to former police officers
This Part applies to and in respect of a former police officer (in relation only to conduct occurring while he or she was a police officer) in the same way as it applies to and in respect of a police officer, so that a complaint concerning a former police officer may be made and dealt with as if the former police officer were still a police officer.
124 Application of Part to anonymous complainants
The provisions of this Part that require a complainant to be notified of any matter do not apply to or in respect of a complainant who is not identified in the complaint.
125 Relationship with Police Integrity Commission Act 1996
This Part is subject to the Police Integrity Commission Act 1996.Note. Section 70 (5) of the Police Integrity Commission Act 1996 provides as follows:(5) A complaint, to the extent that it is investigated by the Commission, cannot be dealt with as a complaint under Part 8A of the Police Act 1990 and for that purpose is taken not to be a police complaint, except as directed by the Commission either generally or in any particular case or as directed by the regulations.