37 Complaint from detained person 27 38 Withdrawal of complaint 28 Division 2—Information and notifications to the IBAC 29 39 The IBAC may receive information 29 40 Notifications to the IBAC 29 Division 3—Carrying out investigations 31 41 Conducting investigations about corrupt conduct 31 42 Conducting investigations about conduct of judicial officers 31 43 Findings about judicial officers not to be included in special or annual reports 32 44 The IBAC must dismiss certain complaints or notifications to the IBAC 32 45 Conducting investigations about police personnel conduct 32 46 Conduct of Chief Commissioner of Police, Deputy Commissioner of Police or Assistant Commissioner of Police 33 47 Complaints or notifications to the IBAC that do not warrant investigation 34 48 Discontinuance of investigation 36 49 Investigation when other proceedings on foot 36 37 Division 1—Authorised officers 37 50 Appointment of authorised officers 37 51 Identity cards 37 52 Production of identity card 38 Division 2—Additional powers—conduct of police 38 53 Power to require police to give information and documents and answer questions 38 Division 3—Entry, search and seizure—police personnel premises 40 54 The IBAC must authorise use of powers under this Division 40 55 Power to enter police personnel premises 40 56 Power to seize documents or things at police personnel premises 41 57 Copies of, access to or receipt for documents or other things seized 42 58 Application for return of things seized 44 59 Return of things seized from police personnel premises 45
(a) the Chief Commissioner of Police; (b) a Deputy Commissioner of Police or an Assistant Commissioner of Police appointed under Part I of the Police Regulation Act 1958; (c) other members of the force within the meaning of section 3(1) of the Police Regulation Act 1958; (d) police reservists appointed under Part VI of the Police Regulation Act 1958; (e) protective services officers appointed under Part VIA of the Police Regulation Act 1958; police gaol has the same meaning as it has in the Corrections Act 1986; police personnel means— (a) a member of the police force; (b) an executive or employee employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner of Police; (c) a police recruit appointed under section 8A of the Police Regulation Act 1958; police personnel conduct has the meaning given by section 3B; police personnel conduct complaint has the meaning given by section 3B;
police personnel misconduct has the meaning given by section 3B; s. 3 police personnel premises means any premises, or the part of any premises, occupied by police personnel for the purposes of use as an office, a police station, a police gaol, a locker room, a command and control centre, an educational and training complex, a forensic laboratory, a storage facility or a special purpose facility, whether or not occupied by any other person or body, but does not include any residential premises; prescribed means prescribed by regulations made under this Act; prison has the same meaning as it has in the Corrections Act 1986; prison officer has the same meaning as it has in the Corrections Act 1986; prisoner has the same meaning as it has in the Corrections Act 1986; privilege means— (a) any privilege that a person is entitled to claim in any proceedings before a court or tribunal; and (b) public interest immunity; public body has the meaning given by section 3C; Public Interest Monitor has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011; public officer has the meaning given by section 3C; s. 3
(4) In this section, proceeding includes a coronial inquest or inquiry. 95 Handling and confidentiality of test results s. 9 The IBAC must ensure that the result of any test conducted in accordance with a direction given under this Division is handled in accordance with the regulations. 96 Offence to disclose identifying information A person must not disclose to any person the identity of a person to whom or in respect of whom a direction is given under this Division other than as required or authorised by— (a) this Act; or (b) the regulations. Penalty: 60 penalty units. 97 No action against registered medical practitioner or approved health professional No action lies against a registered medical practitioner or an approved health professional in respect of anything properly and necessarily done by the practitioner or health professional in the course of taking any sample which the practitioner or health professional believes on reasonable grounds was required or allowed to be taken from any IBAC Officer under this Division. Division 2—Offences and Proceedings 98 Offence to impersonate IBAC Officer s. 9
publication of registers of pecuniary interests; (f) the information to be included by the IBAC in its annual report; (g) an appropriate course of training in the use of defensive equipment; (h) an appropriate course of training in the use of firearms; (i) the persons authorised to analyse samples for the purpose of detecting the presence of alcohol or drugs of dependence; (j) the circumstances in which a breath sample, a urine sample or a blood sample may be taken; (k) the procedure for the taking of samples of breath, urine or blood; (l) the devices used in carrying out the breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices; (m) the requirements relating to the accreditation of persons conducting analyses for the presence of drugs of dependence; (n) the procedure for the handling and analysis of samples of urine or blood; (o) offences relating to interference with test results or the testing procedure; s. 9 (p) the requirements in relation to the handling and confidentiality of test results; (q) forms for the purposes of this Act.