Notifiable Misconduct Matter

The Commission and NSW Police Force have agreed to the types of complaints that are notifiable complaints. These are called notifiable misconduct matters.

The NSW Police is required to notify the Commission of any complaint that is notifiable.

The Commission is required to review the NSW Police handling of that complaint and their decision to investigate, or decline to investigate it. The Commission reviews the material relied upon by police to make that decision.

If the Commission is not satisfied with the NSW Police decision, the Commission will require the NSW Police to investigate it.

The Section 14 Guidelines fully outline these complaint types, but they can be summarised as:

Criminal offences

Failure to investigate

- domestic violence;

- sexual offences; or

- indictable crimes

Corruption

Associating with criminals or other conflicts

Conduct that may end in the employee being sacked

Misuse of LEPRA powers (i.e. search, arrest, detention)

Unapproved use or storage of firearms, tasers, OC Spray, batons or handcuffs

Falsifying official records

Not complying with policies; declarabale associations; conflicts of interest; and secondary employment

Complaints against the Commissioner or a Deputy Commissioner

Conduct which may result in a demolition

Conduct that may result in a financial penalty

Misconduct relating to a critical incident

Improper release of police information

Failure to report misconduct by another officer

Payback for a previous complainant

Adverse comments by a court about police

Failure to report adverse comments by a court about police conduct

Civil litigations that allege serious misconduct by police

Serious maladministration