Police Regulation (Allegations of Misconduct) (Commissioner of Public Complaints) Amendment Act 1984 (NSW)

Case

POLICE REGULATION (ALLEGATIONS OF MISCONDUCT)

(COMMISSIONER OF PUBLIC COMPLAINTS)

AMENDMENT ACT, 1984, No. 77

Jleto &outf) Males;

ELIZABETHS U REGINS

Act No. 77, 1984.

An Act to amend the Police Regulation (Allegations of Misconduct) Act,
1978, consequent on and in connection with the enactment of the

Commissioner of Public Complaints Act, 1984. [Assented to, 27th June,

1984.]
Act No. 77, 1984. 2

Police Regulation (Allegations of Misconduct) (Commissioner of Public Complaints)

Amendment.

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) (Commissioner of Public Complaints) Amendment Act, 1984".

Commencement.

(1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (2) of the Commissioner of Public Complaints Act, 1984.

2.

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.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE POLICE REGULATION (ALLEGATIONS OF

MISCONDUCT) ACT, 1978.

(1) Section 5 (4)—

After section 5 ( 3 ) , insert:—

(4) Subsection (3) (a) does not apply to a complaint that is

being examined by the Commissioner of Public Complaints.

  1. Act No. 77, 1984.

Police Regulation (Allegations of Misconduct) (Commissioner of Public Complaints)

Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE POLICE REGULATION (ALLEGATIONS OF

MISCONDUCT) ACT, 1978—continued.

(2) (a) Section 6 ( 1 B ) (c)—

Omit "or".

(b) Section 6 ( 1 B ) (d )—

Omit "Minister.", insert instead "Minister; or".

(c) Section 6 ( 1 B ) (e)—
After section 6 ( 1 B ) (d), insert:—

(e)

it is referred to the Ombudsman by the Commissioner of Public Complaints.

(d) Section 6 ( 4 A ) —

After section 6 (4), insert:—

(4A) Where the Commissioner of Public Complaints refers

a complaint under subsection ( 1 B ) (e), that Commissioner

does not become the complainant.

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