Police Act 1990 No 47
Current version for 28 May 2012 to date (accessed 23 May 2013 at 04:16)

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.
Top of page