New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 242

242 Monitoring of operation of certain provisions of Act by Ombudsman

(1) The Ombudsman must inspect the records of the NSW Police Force, the New South Wales Crime Commission and the Police Integrity Commission under Part 5 in relation to covert search warrants every 12 months after the commencement of this subsection for the purpose of ascertaining whether or not the requirements of that Part (in so far as it relates to covert search warrants) are being complied with.

(2) For that purpose, the Ombudsman may require the Commissioner of Police, the Commissioner for the New South Wales Crime Commission and the Commissioner for the Police Integrity Commission to provide access to the relevant records.

(3) The Ombudsman must, as soon as practicable after the expiration of each year after the commencement of subsection (1) (as substituted by the Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009 ), prepare a report of the Ombudsman’s work and activities under subsection (1) and furnish a copy of the report to the Attorney General and the Minister for Police.

(3A) The Ombudsman must inspect the records of the NSW Police Force under Part 5 in relation to criminal organisation search warrants every 2 years after the commencement of this subsection for the purpose of ascertaining whether or not the requirements of that Part (in so far as they relate to criminal organisation search warrants) are being complied with.

(3B) For that purpose, the Ombudsman may require the Commissioner of Police to provide access to the relevant records.

(3C) The Ombudsman must, as soon as practicable after the expiration of each 2 years after the commencement of subsection (3A), prepare a report of the Ombudsman’s work and activities under that subsection and furnish a copy of the report to the Attorney General and the Minister for Police.

(4) The Attorney General is to lay (or cause to be laid) a copy of the report under subsection (3) or (3C) before both Houses of Parliament as soon as practicable after the Attorney General receives the report.

(5) If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.

(6) The report:

(a) is, on presentation and for all purposes, taken to have been laid before the House, and

(b) may be printed by authority of the Clerk of the House, and

(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d) is to be recorded:

(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.