Operation Lantana - Police Integrity Commission

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(c) corrupt conduct within the meaning of the Independent Commission Against Corruption
Act 1988 involving a police officer,
(d) any other matters about which a complaint can be made under the Police Act 1990.
It follows that “police misconduct” may encompass not only serious criminal activity such as
perverting the course of justice but also minor disciplinary breaches by police, the sanction for
which may, for example, be nothing more than additional training and development.
INVESTIGATIONS
In matters where the Commission determines to carry out an investigation (whether or not in
the nature of a preliminary investigation), it has a wide range of powers at its disposal in order to
acquire information. For example, the Commission may:
• require public officials and public authorities to produce statements of information
(section 25);
• require any person (whether or not a public official or public authority) to produce
documents or other things (section 26);
• enter public premises (section 29);
• obtain search warrants (section 45);
• obtain warrants under the Telecommunications (Interception and Access) Act 1979;
• obtain warrants under the Surveillance Devices Act 2007; and
• require persons to attend and give evidence before a hearing of the Commission, either in
public or in private (section 38).
REPORTS TO PARLIAMENT
When does the Commission Submit a Report to Parliament Regarding an Investigation?
In circumstances where the Commission has conducted a public hearing for the purposes of an
investigation, the Commission must prepare a report to Parliament in respect of the matter to
which the public hearing related (subsection 96(2)). The Commission may also prepare a report
to Parliament in relation to any other matter that has been, or is, the subject of an investigation
(subsection 96(1)). A report to Parliament must be furnished to the Presiding Officer of each House
of Parliament as soon as possible after the Commission has concluded its involvement in the
matter, unless it is considered desirable, in the public interest, for the making of the report to be
deferred (subsections 96(3), (4) and (5)).
COMPONENTS Of A REPORT TO PARLIAMENT REGARDING AN INVESTIGATION
A report to Parliament in relation to an investigation will generally contain a number of components.
Under subsection 97(1) of the Act the Commission is authorised to include statements as to any
of its assessments, opinions and recommendations, and the reasons for any of its assessments,
opinions and recommendations. The Commission must then, in respect of each “affected person”,
POLICE INTEGRITY COMMISSION – REPORT TO PARLIAMENT - OPERATION LANTANA