New South Wales Consolidated Acts

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

242B Monitoring of operation of Division 4 of Part 3 by Ombudsman

(1) For the period of 12 months after the commencement of Division 4 of Part 3, the Ombudsman is to keep under scrutiny the exercise of the functions conferred on police officers under that Division.

(2) For that purpose, the Ombudsman may require the Commissioner of Police to provide information about the exercise of those functions.

(3) The Ombudsman must, as soon as practicable after the expiration of that 12-month period, prepare a report of the Ombudsman’s work and activities under this section and furnish a copy of the report to the Minister, the Minister for Police and Emergency Services and the Commissioner of Police.

(4) The Ombudsman may in the report identify, and include recommendations for consideration by the Minister about, amendments that might appropriately be made to Division 4 of Part 3 with respect to the exercise of functions conferred on police officers under that Division.

(5) The Ombudsman may at any time make a special report on any matter arising out of the operation of Division 4 of Part 3 to the Minister.

(6) The Minister is to lay (or cause to be laid) a copy of any report made or furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.

(7) If a House of Parliament is not sitting when the Minister seeks to furnish a report to it, the Minister may present copies of the report to the Clerk of the House concerned.

(8) A report presented to the Clerk of a House:

(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 printed by authority of the Clerk, 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.