Division 2 Procedure for making complaints

126   Right to make complaint

(1)  Any person may make a complaint about the conduct of a police officer.

(2)  This Part does not affect any other right of a person to complain about the conduct of a police officer.

127   Making of complaints

(1) How made
A complaint must be made in writing to an investigating authority.

(2)  It is made to the Commissioner if:

(a)  it is delivered to a police officer personally, or

(b)  it is received by a member of the NSW Police Force by post, facsimile or electronic mail, or

(c)  it is addressed to the Commissioner and lodged at a Local Court, or

(d)  it is referred to the Commissioner by the Minister, by the Independent Commission Against Corruption or by the New South Wales Crime Commission.

(3)  It is made to the Police Integrity Commission if:

(a)  it is lodged or received at the office of the Commission, or

(b)  it is received at the office of the Commission by post, facsimile or electronic mail, or

(c)  it is addressed to the Commission and lodged at a Local Court, or

(d)  it is referred to the Commission by the Minister, by the Independent Commission Against Corruption or by the New South Wales Crime Commission.

(4)  It is made to the Ombudsman if:

(a)  it is lodged or received at the office of the Ombudsman, or

(b)  it is received at the office of the Ombudsman by post, facsimile or electronic mail, or

(c)  it is addressed to the Ombudsman and lodged at a Local Court, or

(d)  it is referred to the Ombudsman by the Minister, by the Independent Commission Against Corruption or by the New South Wales Crime Commission.

(5) Exceptional circumstances where unwritten complaint acceptable
The Police Integrity Commission or the Ombudsman:

(a)  may, in exceptional circumstances, accept a complaint that is not in writing, and

(b)  in that event, must reduce the complaint to writing as soon as practicable.

(6) Anonymous complaints
It is not necessary for the complainant to be identified in a complaint.

(7) MP may act for complainant
A complaint may, with the written consent of the complainant, be made on the complainant’s behalf by a member of Parliament.

(8) Complaints by prisoners
If a prisoner informs a prison officer that the prisoner wishes to make a complaint, the prison officer:

(a)  must take all steps necessary to facilitate the making of the complaint, and

(b)  must send immediately to the addressee, unopened, any written matter addressed to a police officer (whether by name or by reference to an office held by the officer), to the Police Integrity Commission or to the Ombudsman.

In this subsection, prisoner means any person in lawful detention or custody, and prison officer means any person by whom the prisoner is detained, or in whose custody the prisoner is, or who is in charge of the prisoner.