Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004

1: Title
1: This Act is the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004.
2: In this Act, the Police Complaints Authority Act 1988 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to amend certain provisions of the Independent Police Conduct Section 3 amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
4: Interpretation
For the purposes of this Act, but not the principal Act,— Commission
a: means the Commission of Inquiry into Police Conduct, the terms of reference for which are set out in the Supplement to the Gazette
b: includes any person authorised by the members of the Commission to exercise any power under section 4C Commissions of Inquiry Act 1908 instruction communication section 17(1)(ab) 18(2) 19 member of the police restricted matter
a: any document, information, or communication produced by or, as the case requires, made by a member of the Authority, or
b: any communication by a person made to the Authority, or forwarded or notified to the Authority,—
i: in which that person made a complaint or raised a concern about the conduct of the police, or any member of the police; and
ii: in respect of which that person has not given consent to the Authority for it to be disclosed to the Commission. Section 4 instruction communication amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007 Section 4 restricted matter amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
5: Expiry
This Act expires at the close of the day that is 1 year after the date on which the Commission finally reports to the Governor-General. 2008-03-27 Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 Commission reported to Governor-General on 26 March 2007.
2: Disclosure to Commission of Inquiry into Police Conduct
6: Authority and staff to maintain secrecy
Section 32 subsection (2)
2A: Subsection (1)
a: the Authority, a member of the Authority, section 4C of the Commissions of Inquiry Act 1908
b: any member of the police who was involved in investigating a complaint or other matter that was received by or notified to or otherwise came to the attention of the Authority from disclosing any matter (other than a restricted matter)—
i: in order to comply with any requirement, order, or direction of the Commission under section 4C of the Commissions of Inquiry Act 1908 section 4D of that Act
ii: in evidence before the Commission.
2B: Before the Authority discloses to the Commission any matter which the Authority could not disclose but for subsection (2A)
a: an acknowledgement that the Commission is aware of the confidentiality that persons who have informed the Authority of the matter were entitled to expect under this Act before it was amended by the insertion of subsection (2A)
b: an undertaking that, in exercising its power and discretions, the Commission will take all steps necessary or desirable to protect that confidentiality, so far as this may be achieved without materially prejudicing the Commission's ability to ascertain and report the truth, which steps may include—
i: restricting or prohibiting publication: or
ii: excluding persons from hearings.
2C: Steps or restrictions referred to in subsection (2B)(b) subsection (2A) Section 6 new subsection (2A)(a) amended 29 November 2007 section 26 Independent Police Conduct Authority Amendment Act 2007
7: Proceedings privileged
1: Section 33 subsection (2)
2A: Nothing in subsection (1)(b)
2: Section 33 subsection (3)
3A: Nothing in subsection (3)
a: any matter (other than a restricted matter) from being disclosed to the Commission; or
b: evidence about any matter (other than a restricted matter) being given in proceedings before the Commission.
8: Certain privileges and protections unaffected by this Act
Nothing in this Act affects—
a: the privileges granted under section 25(1)
b: the protections granted under section 25(3) (4)
c: the protections granted under section 33(1)(a)
d: subject to section 7(1) section 33(l)(b)