Police Regulation (Allegations of Misconduct) Amendment Act 1987 (NSW)

POLICE REGULATION (ALLEGATIONS OF

MISCONDUCT) AMENDMENT ACT 1987 No. 135

NEW SOUTH WALES

TABLE OF PROVISIONS

1.          Short title

2.           Com men cement

3,	Amendment of Act No. 84, 1978
4,	Transitional

SCHEDULE 1—AMENDMENTS TO THE POLICE REGULATION {ALLEGATIONS

OF MISCONDUCT) ACT 1978

70910 -21608— 88

POLICE REGULATION (ALLEGATIONS OF

MISCONDUCT) AMENDMENT ACT 1987 No. 135

NEW SOUTH WALES

Act No. 135, 1987

An Act to amend the Police Regulation (Allegations of Misconduct) Act 1978 to enable the Ombudsman to investigate a complaint against a member of the Police Force if the complaint has not been dealt with, and for other purposes. [Assented to 16 June 1987]

See also Ombudsman lAmendmeni) Act I9S7.

2   Act No. 135

Police Regulation (Allegations o f Misconduct) Amendment 1987

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 follows;

Short title

1.         This Act may be cited as the “Police Regulation (Allegations of

Misconduct) Amendment Act 1987” .

Commencement

2, (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (I), this Act shall commence on

such day as may be appointed by the Governor and notified by proclamation

published in the Gazette,

Amendment of Act No. 84, 1978

3. The Police Regulation (Allegations of Misconduct) Act 1978 is

amended in the manner set forth in Schedule 1,

Transitional

4. The Police Regulation (Allegations of Misconduct) Act 1978, as

amended by this Act, applies to and in respect of complaints made before the commencement of this Act in the same way as it applies to and in respect of complaints made after that commencement.

Police Regulation (Allegations o f Misconduct) Amendment 1987

SCHEDULE I

(Sec. 3)

AMENDMENTS TO THE POLICE REGULATION (ALLEGAI'IONS

OF MISCONDUCT) ACT 1978

(1) Sections 24a, 24b, 24c—

After section 24, insert;

Investigation under the Ombudsman Act 1974 where complaint not dealt with in time

24a. (1) If the Ombudsman has not, in relation to a complaint, received from the Commissioner the information referred to in section 24 (1) within the relevant period referred to in this section, the Ombudsman may make the conduct to which the complaint relates the subject of an investigation under the Ombudsman Act 1974.

(2) The Ombudsman shall notify the Commissioner in writing when the Ombudsman commences such an investigation.

(3) The relevant period is the period of 180 days after—

(a)	the Commissioner notifies the Ombudsman pursuant to section 17 (3) that the complaint is being investigated; or
(b)	the Ombudsman notifies the Commissioner pursuant to section 18 (3) of the Ombudsman’s determination that the complaint should be investigated,

or that period as extended under section 24b or 24c.

Extension of time where complaint not dealt with

24b. (1) The Commissioner may apply to the Ombudsman for an extension of the relevant period referred to in section 24a, and the Ombudsman may grant the extension.

(2) More than one such application may be made, but no such application may be made after the relevant period has expired.

4   Act No. 135

Police Regulation (Allegations o f Misconduct) Amendment 1987

SCHEDULE \— continued

AMENDMENTS TO THE POLICE REGULATION (ALLEGATIONS

OE MISCONDUCT) ACT 1918— continued

(3) If the Ombudsman grants the extension, the Ombudsman shall, if the complainant is identified, notify the complainant in writing, giving the reasons for granting the extension, and shall send to the Commissioner a copy of the notification.

(4) If the Ombudsman does not, within the prescribed time, grant the extension, the Commissioner may appeal to the Tribunal in accordance with the regulations.

(5) The Tribunal shall determine an appeal under this section—

(a) by granting the extension applied for subject to such conditions, if any, as are specified by the Tribunal; or

(b) by refusing to grant the extension,

and by causing a copy of its determination to be sent to the Commissioner, the Ombudsman and, if the complainant is identified, the complainant.

(6) In exercising the jurisdiction conferred by this section the Tribunal shall be constituted by one member, not being the President,

(7) If an application for an extension is made in accordance

with this section, the relevant period is extended until—

(a) the application is granted by the Ombudsman;

(b) the application is withdrawn; or

(c) if the application is not granted by the Ombudsman—

(i)  the time specified in the regulations for the making of an appeal to the Tribunal expires; or

Police Regulation (Allegations o f Misconduct) Amendment 1987

SCHEDULE continued

AMENDMENTS TO THE POLICE REGULATION (ALLEGATIONS

OF MISCONDUCT) ACT \978~continued

(ii)  if an appeal Is made within that time to the Tribunal—the appeal is determined by the Tribunal or withdrawn.

(8) If an extension is granted by the Ombudsman or the

Tribunal, the relevant period is extended by the period specified by the Ombudsman or the Tribunal when granting the extension.

Extension of time where application for deferral etc.

24c. (1) If an application for consent is made under section

20, the relevant period referred to in section 24a is extended

until—

(a) the application is granted by the Ombudsman;

(b) the application is withdrawn; or

(c) if the application is not granted by the Ombudsman—

(i)  the time specified in the regulations for the making of an appeal to the Tribunal expires; or

(ii)  if an appeal is made within that time to the Tribunal—the appeal is determined by the Tribunal or withdrawn.

(2) If an application for consent under section 20 to the deferral of the commencement or continuation of an investigation is granted by the Ombudsman or the Tribunal, the relevant period shall be deemed—

(a)	to have ceased to run on the day the application was made; and
(b)	to recommence to run from the day to which the commencement or continuation is deferred.

6   Act No. 135

Police Regulation (Allegations o f Misconduct) Amendment 1987

SCHEDULE \ — continued

AMENDMENTS TO THE POLICE REGULATION {ALLEGATIONS

OF MISCONDUCT) ACT \91Z~conlinued

(2) Section 60 (Publicity)— Section 60 (3) (b)— Omit “permanent head of the Department of the Attorney

General and of Justice” , insert instead “Secretary of the Attorney

General’s Department” .