Ombudsman (Police Regulation) Amendment Act 1983 (NSW)

OMBUDSMAN (POLICE REGULATION) AMENDMENT ACT,

1983, No. 193

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ANNO TRICESIMO SECUNDO

ELIZABETHS H REGINS

Act No. 193, 1983.

An Act to amend the Ombudsman Act, 1974, so as to enable the investigation under that Act of conduct the subject of a complaint made under the Police Regulation (Allegations of Misconduct) Act, 1978. [Assented to, 31st December, 1983.]

2  Act No. 193, 1983.

Omhiulsman (Police Reinitiation) Ameiuhnent.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice

and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as folkrws: —

Short title.

1.           This Act may be cited as the "Ombudsman (Police Regulation)

Amendment .Act, 1983”.

Coniinencement.

2.      (I) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Lxcept as provided b\ subsection ( 1 ). this Act shall commence on

the day on which Schedule 3 t<' the Police Regulation (Allegations of

Misconduct) Amendment Act, 1983. commences.

Principal Act.

3. The Ombudsman Act. 1974, is referred to in this Act as the Principal

Act.

Amendment of Act No. 68. 1974.

4.      The Princijial Act is amemled in the manner set forth in Schedule 1.

SCHLDULL I.

(Sec. 4.)

A mi ND.Mi Nis l o ini P ki .nc ii>,.\). A c i .

(1 ) Section 3. matter relating to Part IV—

Omit " 2 6 ”, insert instead “ 2.3a” .

Act No. 193, 1983. 3

Ombudsman (Police Regidation) Amendment.

SCHEDULE -continued.

A mkndmf .nts to the P ri nci pai . A c t—continued.

(2) (a) Sections (1), definition of “prescribed conduct”—

After the definition of “person”, insert: —

“prescribed conduct” means conduct, within the meaning of the Police Regulation (Allegations of Misconduct) Act, 1978, of a member of the Police Force;

(b) Section 5 (1a) —

After section 5 (1), insert; —

( 1 a ) In this Act, a reference to an investigation under this Act includes a reference to an investigation of prescribed conduct made under this Act pursuant to section 2Sa (1) of the Police Regulation (Allegations of Misconduct) Act, 1978.

(3) (a) Section 10 (2) (c) —

Omit “subsection (1); or”, in.sert instead “subsection (1 );”.

(b) Section 10 (2) (d )—

Omit “1975.”, insert instead “ 1975; or”.

(c) Section 10 (2) (e) —

After section 10 (2) (d), insert: —

(e) any of the Ombudsman’s powers, authorities, duties and functions with respect to an investigation of prescribed conduct, otherwise than to a special officer of the Ombudsman who is a member of the investigative staff of the Internal Aff. irs Branch within the Police Force.

(4) (a) Section 13 (3) —

After “investigation”, insert “under this Act”.

4  Act No. 193, 1983.

Ombudsman (Police Regulation) Amendment.

SCHEDULE 1—continued.

A m e n d m e n t s t q t h e P rincipal A c t—continued.

(b) Section 13 ( 4 a ) —

After section 13 (4), insert:—

(4 a ) In deciding whether to discontinue an investigation of

prescribed conduct, the Ombudsman shall have regard to the

public interest.

(5) (a) Section 15 (a) —

After “Ombudsman”, insert “under section 12”.

(b) Section 15 (2) —

At the end of section 15, insert;—

(2) Where the Ombudsman discontinues an investigation of prescribed conduct, the Ombudsman shall inform the com­ plainant and the Commissioner of Police in writing of the decision and the reasons for the decision.

(6) Sections 16, 24 (1), 25 (1) —

After “conduct” wherever occurring, insert “or prescribed conduct”.

(7) Section 25 a—

Before section 26, insert;—

Application of Part IV.

25 a . This Part, section 29 excepted, does not apply to or in

respect of the investigation under this Act of prescribed conduct.

(8) Section 29—

Omit “to him”, insert instead “under section 12 or investigates prescribed conduct”.

Act No. 193, 1983. 5

Ombudsman (Police Regulation) Amendment.

SCHEDULE 1—continued.

A m e n d m e n t s to the P ri nci pal A c t—continued.

(9) Section 32 (4), ( S i -

After section 32 (3), insert: —

(4) While a member of the Police Force is an officer of the Ombudsman by reason of the services of the member being made use of under subsection (2) —

(a)	the member may, under section 9, be appointed to be a special officer of the Ombudsman;
(b)	where the member is a special officer of the Ombudsman, the Ombudsman may, under and subject to section 10, delegate to the member the exercise and performance of powers, authorities, duties and functions of the Ombudsman in respect of the investigation under this Act of prescribed conduct; and
(c)	the member shall retain rank, seniority and remuneration as such a member and may continue to act as a constable.

(5) An officer of the Ombudsman may not be concerned in the investigation under this Act of prescribed conduct unless the officer is a member of the investigative staff of the Internal Affairs Branch within the Police Force.

(10) (a) Section 34 (b)-

Omit the paragraph, insert instead: —

(b) where the information is obtained from any other person—

(i) with the consent of that person; or

(ii)   for the purpose of proceedings (including an inquiry under section 45 of the Police Regulation (Allegations of Misconduct) Act, 1978) with respect to the discipline of the Police Force before the Commissioner of Police, the Police Tribunal of New South Wales or the Government and Related Employees Appeal Tribunal;

30785D-81

6  Act No. 193, 1983.

Ombudsman (Police Regulation) Amendment.

SCHEDULE 1—continued.

A m e n d m e n t s to the P ri nci pa l A c t—continued.

(b) Section 34 (2), (3) —

At the end of section 34, insert:—

(2) Subsection (1 ) docs 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.

(3) Without limiting the operation of subsection (1) (a), in the application of subsection (1) to and in respect of information received in the course of an investigation under this Act of prescribed conduct, the reference in that subsection—

(a)	to a public authority—shall be construed as a reference to a member of the Police Eorce;
(b)	to the head of that authority—shall be construed as a reference to the Commissioner; and
(c)	to the responsible Minister—shall be construed as a reference to the Minister administering the Police Regulation Act, 1899.

(11) (a) Section 35 (1)-

After “Ombudsman" where secondly occurring, insert	‘who
not a member of the Police Force”.

(b) Section 35 (1) —

After “proceedings”, insert or in any proceedings before the

Police Tribunal of New South Wales,”.