Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

Appendix 1. Memorandum of Understanding between the Commissioner of Police and the NSW Ombudsman.
MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review
Memorandum of understanding (MOU)
between
the Commissioner of Police (NSW Police)
of Pacific Power Building, 201 Elizabeth Street, Sydney NSW 2000
and
the NSW Ombudsman (the Ombudsman)
of Level 24, 580 George Street, Sydney NSW 2000
1. Background
1.1. According to section 22(1) of the Police Powers (Drug Detection Trial) Act 2003 (the Act), the Ombudsman is
required to keep under scrutiny the exercise of the functions conferred on police officers under the Act for a
period of 12 months from the date of commencement.
1.2. The Act is expected to commence on 23 February 2007.
1.3. According to section 22(2) of the Act, for the purposes of scrutinising these functions, the Ombudsman may
require the Commissioner to provide information about the exercise of those functions; and inspect the records of
NSW Police at any time.
1.4. According to section 22(3) of the Act, the Ombudsman must, not later than three months after the expiration
of the 12-month review period, prepare a report on the exercise of the functions and furnish a report to the
Attorney General, Minister for Police and the Commissioner of Police.
1.5. As part of the Ombudsman’s scrutiny function, Ombudsman’s officers (observers) will observe police
exercising functions under the Act (the relevant police activity).
1.6. This MOU outlines the cooperative arrangements for facilitating the observation by the Ombudsman’s officers
of the relevant police activity.
2. Responsibilities of NSW Police
2.1. NSW Police will cooperate with the Ombudsman and his observers for the purposes of facilitating their
observation of the relevant police activity.
2.2. The responsible Regional Operation Manager, or his or her delegate, will notify the Ombudsman as soon as
practicable, via the dedicated mobile phone number for the review (0400 230 249), of details of all planned drug
detection operations under the Act.
2.3. The observation of such operations is to be negotiated directly with the relevant commander or leader of the
relevant coordinating unit (team leader), subject to the terms of this MOU.
2.4. The relevant commander or team leader will allow the Ombudsman’s observers to attend pre- and post-
operation briefings (if relevant), and provide copies of operational orders (if relevant) at such briefings.
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NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003