Independent Police Conduct Authority Amendment Act 2007

1: Title
This Act is the Independent Police Conduct Authority Amendment Act 2007.
1: Preliminary provisions
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 29 November 2007 Independent Police Conduct Authority Amendment Act 2007 Commencement Order 2007
3: Principal Act amended
This Act amends the Act that was previously called the Police Complaints Authority Act 1988 OIC SR 2007/324 2007-11-29 Police Complaints Authority Act 1988
4: Long Title amended
The Long Title is amended by omitting an independent Police Complaints the Independent Police Conduct
5: Name of principal Act changed
1: As from the commencement of this section, the principal Act is called the Independent Police Conduct Authority Act 1988
2: Section 1(1) Police Complaints Independent Police Conduct
2: Amendments to principal Act
6: Interpretation
1: Section 2 Authority section 4 chairperson section 5A(1) .
2: Section 2 Deputy Authority
3: Section 2 member section 5(1)
7: New section 4 and heading substituted
Section 4 section 4 Independent Police Conduct Authority
4: Independent Police Conduct Authority established
There is an authority known as the Independent Police Conduct Authority.
8: Crown entity
1: Section 4A(2) applies provides
2: Section 4A subsections (3) and (4)
3: The members of the Authority are the board for the purposes of the Crown Entities Act 2004
9: New sections 5 to 5C substituted
Section 5
5: Membership of Authority
1: The Authority consists of up to 5 members appointed by the Governor-General on the recommendation of the House of Representatives.
2: Subsection (1) section 28(1)(b) of the Crown Entities Act 2004
5A: Chairperson of Authority
1: The Governor-General, on the recommendation of the House of Representatives, must appoint 1 member as the chairperson of the Authority.
2: A person appointed as the chairperson of the Authority must be a Judge or a retired Judge.
3: Subsection (1) clause 1(2) of Schedule 5 of the Crown Entities Act 2004
5B: Appointment of Judge as member of Authority
1: The appointment of a Judge as a member of the Authority does not affect his or her judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges that he or she has as a Judge, including matters relating to superannuation.
2: The time a Judge serves as a member of the Authority must be taken as service as a Judge.
5C: Resignation of member
1: A member may resign from office by written notice to the Governor-General (with a copy to the Authority) signed by the member.
2: The resignation is effective on receipt by the Governor-General of the notice or at any later time specified in the notice.
3: This section applies despite section 44 of the Crown Entities Act 2004
10: New sections 6 and 7 substituted
Sections 6 and 7
6: Power to remove or suspend members
1: Section 42 of the Crown Entities Act 2004
2: Section 39(1) of the Crown Entities Act 2004
3: Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.
4: Just cause has the same meaning as in section 40 of the Crown Entities Act 2004
7: Filling of vacancy
1: If a vacancy occurs in the membership of the Authority, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.
2: Despite subsection (1)
3: An appointment made under subsection (2)
11: Section 8 repealed
Section 8
12: Superannuation or retiring allowances
Section 11 the Authority and the Deputy Authority members of the Authority
13: Functions of Authority
Section 12 subsection (2)
2A: The Authority may receive complaints relating to a matter specified in subsection (1)(a)
14: Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm
Section 13 the member's his or her
15: Mode of complaint
Section 14(5)(b) Mental Health Act 1969 Mental Health (Compulsory Assessment and Treatment) Act 1992
16: Duty of Commissioner to notify Authority of complaints
1: Section 15 as soon as practicable
2: Section 15
2: Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.
17: Action upon receipt of complaint
1: Section 17(1) paragraph (a)
ab: refer the complaint to the police for investigation by the police: .
2: Section 17(1)(b) undertaken on behalf of the Authority
3: Section 17(1) paragraph (c)
ca: defer action until the receipt of a report from the Commissioner following a criminal investigation or a disciplinary investigation, or both, initiated and undertaken by the police: .
4: Section 17(2A)(b) or paragraph (ca) (c)
18: Authority may decide to take no action on complaint
1: Section 18(1)(b)(i) trivial minor
2: Section 18(1)(b) paragraph (v)
v: there is, or was, in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives, that it would be reasonable, or would have been reasonable, for the person alleged to be aggrieved to exercise.
19: Proceedings of Authority
1: Section 23(3) paragraph (b)
ba: the Authority may, in deciding whether to hold a hearing, have regard to whether any of the following are pending or are reasonably in contemplation:
i: civil, criminal, or disciplinary proceedings:
ii: a coroner's inquest: .
2: Section 23
5: The Authority has, for the purposes of any hearing under subsection (3) sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908
6: Sections 4 and 4B to 9 of the Commissions of Inquiry Act 1908 subsection (3)
7: If there is any inconsistency between a provision of this Act and a provision of the Commissions of Inquiry Act 1908 subsection (5) or (6)
20: Protection and privileges of witnesses, etc
Section 25(5) where were
21: Implementation of recommendations of Authority
Section 29(2) may must
22: Authority and staff to maintain secrecy
1: Section 32(1) every member of the Authority, The Authority,
2: Section 32(3)
23: Proceedings privileged
Section 33(1) paragraphs (a) and (b)
a: no proceedings, whether civil or criminal, may lie against the Authority, any member of the Authority, or any person holding any office or appointment under the Authority, for anything done or said by them in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that they acted in bad faith:
b: the Authority, members of the Authority, and any person holding office or appointment under the Authority must not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in the exercise of their functions under this Act.
24: Offences
Section 37 other
25: New sections 40 to 48 and heading substituted
Section 40 Transitional provisions
40: Complaints made to Police Complaints Authority
Any complaint made to the Police Complaints Authority before the commencement of the Independent Police Conduct Authority Amendment Act 2007 that had not been finally dealt with before the commencement of that Act must be dealt with by the Authority under this Act (as amended by the Independent Police Conduct Authority Amendment Act 2007), whether or not any action was taken in relation to the complaint before the commencement of the Independent Police Conduct Authority Amendment Act 2007.
41: Police Complaints Authority is chairperson
1: The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007, held office as the Police Complaints Authority under section 4(2) of this Act section 5A(1) of this Act section 9 of the Independent Police Conduct Authority Amendment Act 2007
2: The person who is taken to have been appointed as the chairperson of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 4(2) of this Act
42: Deputy Police Complaints Authority is member of Authority
1: The person who, immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007, held office as a Deputy Police Complaints Authority under section 8 of this Act section 5(1) of this Act section 9 of the Independent Police Conduct Authority Amendment Act 2007
2: The person who is taken to have been appointed as a member of the Authority under this section is appointed on the same terms and conditions on which, and for the remainder of the term for which, the person was appointed under section 8 of this Act
43: Employees and officers transferred to Authority
1: Every employee or officer appointed by the Police Complaints Authority immediately before the commencement of the Independent Police Conduct Authority Amendment Act 2007 is, on and from that date, an employee or officer of the Authority on the same terms and conditions that applied to the employee or officer immediately before that date.
2: For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee or officer,—
a: the contract of employment of that employee or officer is taken to be unbroken; and
b: the employee's or officer's period of service with the Police Complaints Authority and every other period of service of that employee or officer that was recognised by the Police Complaints Authority as continuous service is taken to have been a period of service with the Authority.
3: A person to whom subsection (1)
44: References to Police Complaints Authority
On the commencement of the Independent Police Conduct Authority Amendment Act 2007, unless the context otherwise requires, every reference to the Police Complaints Authority in any contract or other instrument, document, or notice must be read as a reference to the Independent Police Conduct Authority.
45: Proceedings to which Police Complaints Authority party
Any proceedings to which the Police Complaints Authority was a party or that the Police Complaints Authority was considering bringing before the commencement of the Independent Police Conduct Authority Amendment Act 2007 may be brought, continued, completed, and enforced by or against the Authority.
46: Assets and liabilities vest in Authority
On the commencement of the Independent Police Conduct Authority Amendment Act 2007, the assets and liabilities of the Police Complaints Authority vest in the Authority.
47: Authority must arrange annual report and accounts
The Authority must perform the reporting requirements, and comply with the reporting obligations, relating to annual financial statements, annual reports, and audits that the Police Complaints Authority would have performed and complied with under the Police Complaints Authority Act 1988 Crown Entities Act 2004 Public Finance Act 1989
48: Obligations and rights concerning Commission of Inquiry into Police Conduct unchanged
On the commencement of the Independent Police Conduct Authority Amendment Act 2007, the obligations, duties, rights, and powers of the Police Complaints Authority under the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004
3: Consequential amendments
26: Amendments to other Acts
The Acts specified in the Schedule are amended in the manner set out in that schedule. OIC SR 2007/324 2007-11-29 Children's Commissioner Act 2003 Coroners Act 1988 Coroners Act 2006 Corrections Act 2004 Crimes of Torture Act 1989 Crown Entities Act 2004 Ombudsmen Act 1975 Police Act 1958 Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Act 2004 Protected Disclosures Act 2000 Remuneration Authority Act 1977 Victims' Rights Act 2002
27: Amendment to
Corrections Regulations 2005
1: This section amends the Corrections Regulations 2005
2: Regulation 168 Police Complaints Independent Police Conduct OIC SR 2007/324 2007-11-29 Corrections Regulations 2005