The Inspector of the Law Enforcement Conduct Commission (the LECC) is an independent statutory officer whose primary role is to provide oversight of the LECC and its officers in the manner in which it carries out its functions. The Inspector’s own functions and powers to do this are set out in Part 9 of the Law Enforcement Conduct Commission Act 2016 (“the LECC Act”)
The Inspector has the following principal functions:
- undertaking audits of the operations of the LECC;
- dealing with (by reports and recommendations) complaints made to the Inspector about maladministration and/or misconduct on the part of LECC and/or its officers, including former officers;
- assessing the effectiveness and appropriateness of the LECC's policies and procedures.
The Inspector also has separate functions as:
- an inspecting officer under the Telecommunications (Interception and Access) (New South Wales) Act 1987; and
- the Inspector under the Surveillance Devices Act 2007 and the Law Enforcement (Controlled Operations) Act 1997.
The Inspector has extensive powers to investigate the conduct of the LECC and its officers. They include:
- being able to obtain full access to the LECC's records and to take or have copies made of them.
- requiring officers of the LECC to supply information or to produce documents about any matter relating to the LECC's operations or the conduct of its officers.
- requiring officers of the LECC to attend before the Inspector to answer questions or to produce documents.
The Inspector may:
- investigate or assess complaints about the LECC and/or its officers
- refer matters relating to the LECC and/or its officers to other agencies for consideration or action
- recommend disciplinary action or prosecution against LECC officers
In order to carry out his functions the Inspector may hold inquiries and has the powers, authorities, protections and immunities conferred on a Commissioner under the Royal Commissions Act 1923.
The Inspector is also subject to the Privacy and Personal Information Protection Act 1998 and the Public Interest Disclosures Act 1994.