Division 9167A Offence of making false complaint about conduct of police officer or giving false information
(1) A person must not make a complaint under this Part knowing the complaint to be false.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2) A person must not, in the course of the investigation of a complaint made under this Part, provide information to any of the following knowing the information to be false or misleading in a material particular:(a) the Minister,(b) a member of the NSW Police Force,(c) the Police Integrity Commission,(d) the Inspector of the Police Integrity Commission,(e) the Independent Commission Against Corruption,(e1) the Inspector of the Independent Commission Against Corruption,(f) the New South Wales Crime Commission,(g) the Ombudsman,(h) a member of Parliament,(i) a prison officer within the meaning of section 127 (8).Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(3) Proceedings for an offence against this section may be instituted at any time within 2 years after the offence is alleged to have been committed.
169 Provisions relating to reports furnished to Parliament
(1) Tabling
A copy of a report made or furnished to the Presiding Officer of a House of Parliament under this Act must be laid before that House on the next sitting day of that House after it is received by the Presiding Officer.(2) Public reports
If a report includes a recommendation by the Ombudsman that the report be made public forthwith, the Presiding Officer of a House of Parliament may make it public, whether or not that House is in session and whether or not the report has been laid before that House.(3) Privileges and immunities
A report that is made public by the Presiding Officer of a House of Parliament before it is laid before that House attracts the same privileges and immunities as it would if it had been laid before that House.(4) Report procedures
A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied as regards a report purporting to have been made and furnished in accordance with this Act.
169A Identity of complainant not to be disclosed
A member of the NSW Police Force must not disclose to any person the identity of a complainant unless the disclosure is made:(a) in accordance with guidelines established by the Commissioner, or(b) with the consent of the complainant, or(c) in accordance with a requirement of or made under this or any other Act, or(d) for the purposes of any legal proceedings before a court or tribunal.
170 Certain documents privileged
(1) A document brought into existence for the purposes of this Part is not admissible in evidence in any proceedings other than proceedings:(a) that concern the conduct of police officers, and(b) that are dealt with by the Commissioner, by the Industrial Relations Commission or by the Supreme Court in the exercise of its jurisdiction to review administrative action.(2) Subsection (1) does not apply to or in respect of:(a) a document comprising a complaint, or(b) a document published by order of, or under the authority of, the Presiding Officer of a House of Parliament or either House, or both Houses, of Parliament, or(c) a document that a witness is willing to produce.(3) Subsections (1) and (2) do not operate to render admissible in evidence in any proceedings any document that would not have been so admissible if this section had not been enacted.
171 Part not to affect police officers’ other powers and duties
(1) This Part does not operate to absolve a police officer who receives a complaint from liability to perform any duty imposed on the police officer otherwise than by this Part.(2) Action on a complaint may be taken otherwise than under this Part (including action involving criminal proceedings and action under Part 9) even if action on the complaint has yet to commence or is in progress under this Part.(3) This section has effect despite any other provision of this Part.
172 Use of Federal and interstate police for investigations
(1) The Commissioner may arrange for:(a) a member of the Australian Federal Police, or(b) a member of the Police Force (by whatever name described) of another State or Territory,to be seconded or otherwise engaged to assist in the conduct of any investigation under this Part.(2) For the purpose only of assisting in the conduct of an investigation under this Part, a member of a Police Force who is seconded or otherwise engaged as referred to in subsection (1):(a) has and may exercise all of the functions (including all of the powers, immunities, liabilities and responsibilities) that a police officer of the rank of constable has and may exercise under any law of the State (including the common law and this Act), and(b) in particular:(i) is exempt from the requirement of the Firearms Act 1996 to be authorised by a licence or permit to possess or use semi-automatic pistols (or to possess ammunition for any such pistol), and(ii) for the purposes of section 7 of the Weapons Prohibition Act 1998, is authorised to possess handcuffs and body armour vests.