A NSW Government website

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

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