Operation Lantana - Police Integrity Commission
Operation Lantana - Police Integrity Commission
Operation Lantana - Police Integrity Commission
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as to the veracity of evidence received from individual witnesses.<br />
The circumstances in which the <strong>Commission</strong> may, in the exercise of its discretion, decline to<br />
furnish or defer furnishing a brief of evidence to the relevant prosecutorial authority are:<br />
• where it is considered that to do so is likely to be counterproductive to the <strong>Commission</strong>’s<br />
pursuit of its principal statutory functions; or<br />
• where the relevant person has already been considered for or has been prosecuted in<br />
relation to the same, or substantially the same, subject matter and evidence, and it would<br />
be unnecessary or duplicitous for the <strong>Commission</strong> to make a recommendation that<br />
consideration should be given to additional prosecutions.<br />
STATEMENTS REGARDING “AFFECTED PERSONS”<br />
Subsection 97(2) of the Act requires that:<br />
The report must include, in respect of each “affected person”, a statement as to whether or not in<br />
all the circumstances the <strong>Commission</strong> is of the opinion that consideration should be given to the<br />
following:<br />
(a) the prosecution of a person for a specified criminal offence,<br />
(b) the taking of action against the person for a specified disciplinary offence,<br />
(c) the taking of action (including the making of an order under section 181D of the <strong>Police</strong><br />
Act 1990) against the person as a police officer on specified grounds, with a view to<br />
dismissing, dispensing with the services or otherwise terminating the services of the<br />
police officer,<br />
(d) the taking of reviewable action within the meaning of section 173 of the <strong>Police</strong> Act 1990<br />
against the person as a police officer.<br />
RECOMMENDATIONS AND OPINIONS REGARDING DISCIPLINARY ACTION<br />
AGAINST POLICE<br />
“Reviewable action” within the meaning of section 173 of the <strong>Police</strong> Act 1990 refers to forms of<br />
disciplinary action that would ordinarily apply to more serious breaches of discipline. The available<br />
forms of reviewable action are:<br />
• a reduction in a police officer’s rank or grade;<br />
• a reduction in a police officer’s seniority;<br />
• a deferral of a police officer’s salary increment; and<br />
• any other action (other than dismissal or the imposition of a fine) that the <strong>Commission</strong>er of<br />
<strong>Police</strong> considers appropriate.<br />
Owing to the seriousness of these forms of disciplinary action, a police officer may appeal the<br />
imposition of any of these penalties to the Industrial Relations <strong>Commission</strong> of New South Wales.<br />
POLICE INTEGRITY COMMISSION – REPORT TO PARLIAMENT - OPERATION LANTANA