ROYAL COMMISSION (POLICE SERVICE) ACT 1994 No. 60 NEW SOUTH WALES TABLE OF PROVISIONS PART 1--PRELIMINARY Short title Commencement Act applies only to Police Royal Commission Definitions Relationship with 1923 Act 1. 2. 3. 4. 5. PART 2--OBTAINING INFORMATION DOCUMENTS AND OTHER THINGS 6. Power to obtain information (s. 21 ICAC Act) 7. Power to obtain documents etc. (s. 22 ICAC Act) 8. Privilege as regards information, documents etc. (s. 24 ICAC Act) 9. Self-incrimination (s. 26 ICAC Act) 10. Power to enter public premises (ss. 23, 25 ICAC Act) 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. PART 3--ATTENDANCE BEFORE THE COMMISSION Arrest of witness (s. 36 ICAC Act) Declaration as to objection by witness (s. 38 ICAC Act) Reimbursement of expenses of witnesses (s. 51 ICAC Act) Attendance of prisoner before Commission (s. 39 ICAC Act) PART 4--SEARCH AND LISTENING DEVICE WARRANTS Issue of search warrant (s. 40 ICAC Act) Authority conferred by warrant (s. 41 ICAC Act) Duty to show warrant (s. 42 ICAC Act) Use of force (s. 43 ICAC Act) Use of assistants to execute warrant (s. 44 ICAC Act) Execution of warrant by day or night (s. 45 ICAC Act) II Royal Commission (Police Service) Act 1994 No. 60 21. Expiry of warrant (s. 46 ICAC Act) 22. Seizure of other documents and things (s. 47 (I) ICAC Act) 23. AppIication of provisions of the Search Warrants Act 1985 (s. 48 ICAC Act) 24. Obstruction of person executing search warrant (s. 84 ICAC Act) 25. Listening devices (s. 19 (2) ICAC Act) 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. PART 5--PROTECTION OF WITNESSES AND EVIDENCE Protection of witnesses (s. 50 ICAC Act) Publication of evidence etc. (s. 112 ICAC Act) Disclosures prejudicing inquiry (s. 114 ICAC Act) Indemnities and undertakings (s. 49 ICAC Act) PART 6--SECRECY, DISCLOSURE, ADMISSIBILITY 1 1 ICAC Act) Secrecy (s. 1 Disclosure of information and giving of evidence by Ombudsman Secrecy provisions in other Acts Admissibility of documents relating to complaints about police Telecommunications (Interception) (New South Wales) Act 1987 Legal Profession Act 1987 Privacy Committee Act 1975 Religious confessions PART 7--MISCELLANEOUS Effect of pending proceedings (s. 18 ICAC Act) Delegation (s. 107 ICAC Act) Protection from liability (s. 109 ICAC Act) Proceedings for offences Regulations ROYAL COMMISSION (POLICE SERVICE) ACT 1994 No. 60 NEW SOUTH WALES Act No. 60, 1994 An Act to confer additional powers on the Royal Commission of inquiry into the operations of the New South Wales Police Service and to assist the conduct of that inquiry; and for other purposes. [Assented to 1 November 1994] 2 Royal Commission (Police Service) Act 1994 No. 60 The Legislature of New South Wales enacts: PART 1--PRELIMINARY Short title 1. This Act may be cited as the Royal Commission (Police Service) Act 1994. Commencement 2. This Act commences on a day or days to be appointed by proclamation. Act applies only to Police Royal Commission 3. (1) This Act applies only to: (a) the Royal Commission of inquiry issued by the Governor by letters patent under the Public Seal on 13 May 1994, appointing the Honourable James Roland Tomson Wood sole commissioner to make inquiry into, and report on, the operations of the New South Wales Police Service; and (b) any further Royal Commission by which a commissioner is appointed as sole commissioner to exercise functions at the request of, or otherwise to assist, the Royal Commissioner under the Royal Commission referred to in paragraph (a), but only if the terms of that further Royal Commission provide that this Act is to apply to the Commission. (2) If a Royal Commission to which this Act applies is altered, extended or continued by another Royal Commission, or is replaced by another Royal Commission on the same or similar terms as that Royal Commission, this Act extends to apply to the Royal Commission as so altered, extended, continued or replaced. Definitions 4. (1) In this Act: "exercise" a function includes perform a duty; "function" includes a power, authority or duty; "ICAC Act" means the Independent Commission Against Corruption Act 1988; "legal practitioner" has the same meaning as in the Legal Profession Act 1987; 3 Royal Commission (Police Service) Act 1994 No. 60 "1923 Act" means the Royal Commissions Act 1923; "officer of the Commission" means any legal practitioner appointed by the Crown to assist the Commission or any other person employed, seconded or otherwise engaged to assist the Commission; "premises" includes any structure, building, aircraft, vehicle, vessel and place (whether built or not), and any part thereof; "public authority" and "public official" have the same meanings as in the ICAC Act; "search warrant" means a search warrant issued under this Act. (2) Notes ,included in this Act are explanatory notes and do not form part of this Act. Relationship with 1923 Act 5. (1) This Act is to be read a s if it formed part of the 1923 Act (but only for the purposes of the operation of this Act in relation to a Royal Commission to which this Act applies). A reference in any other Act to the 1923 Act does not include a reference to this Act, except a s expressly provided by this Act. (2) The provisions of this Act are in addition to and not in derogation of any provisions of the 1923 Act, except a s specifically provided by this Act. In particular, Part 2 of this Act does not limit or otherwise affect the provisions of the 1923 Act with respect to a person summoned to attend or appearing as a witness before the Commission. (3) Nothing in the 1923 Act operates to constrain or restrict the exercise of a function conferred or imposed by or under this Act. PART 2--OBTAINING INFORMATION, DOCUMENTS AND OTHER THINGS Power to obtain information (ss. 21, 82 ICAC Act) 6. ( l ) For the purposes of the Commission's inquiry, the Commissioner may, by notice in writing served on a public authority or public official, require the authority or official to produce a statement of information. (2) A notice under this section must specify or describe the information concerned, must fix a time and date for compliance and must specify the person (being the Commissioner or an officer of the Commission) to whom the production is to be made. 4 Royal Commission (Police Service) Act 1994 No. 60 (3) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the public authority or public official and may, but need not, specify the person or class of persons who may so act. (4) A person must not: (a) without reasonable excuse, fail to comply with a notice served on the person under this section; or (b) in purported compliance with a notice served on the person or some other person under this section, furnish information knowing it to be false or misleading in a material particular. Maximum penalty: 20 penalty units or imprisonment for 6 months, or both. Power to obtain documents etc. (ss. 22, 83 ICAC Act) 7. (1) For the purposes of the Commission's inquiry, the Commissioner may, by notice in writing served on a person (whether or not a public authority or public official), require the person: (a) to attend, at a time and place specified in the notice, before a person (being the Commissioner or an officer of the Commission) specified in the notice; and (b) to produce at that time and place to the person so specified a document or other thing specified in the notice. (2) The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed and may, but need not, specify the person or class of persons who may so act. (3) A person must not, without reasonable excuse, refuse or fail to comply with a notice served on the person under this section. Maximum penalty: 20 penalty units or imprisonment for 6 months, or both. Privilege as regards information, documents etc. (s. 24 ICAC Act) 8. (1) This section Commissioner requires (a) to produce any (b) to produce any applies where, under section 6 or 7, the any person: statement of information; or document or other thing. 5 Royal Commission (Police Service) Act 1994 No. 60 (2) The Commissioner must set aside the requirement if it appears to the Commissioner that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist a like requirement and it does not appear to the Commissioner that the person consents to compliance with the requirement. (3) The person must however comply with the requirement despite: (a) any rule which in proceedings in a court of law might justify an objection to compliance with a like requirement on grounds of public interest; or (b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law; or (c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official. Self-incrimination (s. 26 ICAC Act) 9. (1) This section applies where, under section 6 or 7, the Commissioner requires any person: (a) to produce any statement of information; or (b) to produce any document or other thing. (2) If the statement, document or other thing tends to incriminate the person and the person objects to production at the time, neither the fact of the requirement nor the statement, document or thing itself (if produced) may be used in any proceedings against the person (except proceedings for an offence against this Act or the 1923 Act). (3) They may however be used for the purposes of the Commission's inquiry, despite any such objection. Power to enter public premises (ss. 23, 25 ICAC Act) 10. (1) For the purposes of the Commission's inquiry, the Commissioner or an officer of the Commission authorised in writing by the Commissioner may, at any time: (a) enter and inspect any premises occupied or used by a public authority or public official in that capacity; and (b) inspect any document or other thing in or on the premises; and (c) take copies of any document in or on the premises. (2) The powers conferred by this section must not be exercised other than for the purpose of investigating any conduct of a person that constitutes or involves or may constitute or involve a criminal offence. 6 Royal Commission (Police Service) Act I994 No. 60 (3) The public authority or public official must make available to the Commissioner or authorised officer such facilities as are necessary to enable the powers conferred by this section to be exercised. (4) The powers conferred by this section must not be exercised if it appears to the Commissioner or authorised officer that any person has a ground of privilege whereby, in proceedings in a court of law, the person might resist inspection of the premises or production of the document or other thing and it does not appear to the Commissioner or authorised officer that the person consents to the inspection or production. (5) The powers may however be exercised despite: (a) any rule of law which, in proceedings in a court of law, might justify an objection to an inspection of the premises or to production of the document or other thing on grounds of public interest; or (b) any privilege of a public authority or public official in that capacity which the authority or official could have claimed in a court of law; or (c) any duty of secrecy or other restriction on disclosure applying to a public authority or public official. PART 3--ATTENDANCE BEFORE THE COMMISSION Arrest of witness (s. 36 ICAC Act) 11. (1) If a person served with a summons to attend the Commission as a witness fails to attend in answer to the summons, the Commissioner may, on proof by statutory declaration of the service of the summons, issue a warrant for the arrest of the witness. (2) The Commissioner may issue a warrant for the arrest of a person whose evidence is desired and is necessary and relevant to the Commission's inquiry if the Commissioner is satisfied by evidence on oath or affirmation that it is probable that the person: (a) will not attend before the Commission to give evidence without being compelled to do so; or (b) is about to or is making preparations to leave the State and the person's evidence will not be obtained by the Commission if the person departs. 7 Royal Commission (Police Service) Act 1994 No. 60 (3) The powers conferred by subsection (2) must not be exercised unless the Commissioner is satisfied that the evidence of the person concerned is required for the purpose of investigating any conduct of a person that constitutes or involves or may constitute or involve a criminal offence. (4) The Commissioner is authorised to administer an oath or affirmation for the purposes of subsection (2). (5) A warrant may be issued under subsection (2) without or before the issue of a summons to the person whose evidence is desired. (6) A warrant may be issued under subsection (2) after the issue of a summons to the person whose evidence is desired, even though the time named in the summons or the person to attend has not yet passed. (7) A warrant under this section authorises the arrest of the witness and his or her being promptly brought before the Commission and detained in custody for that purpose until released by order of the Commissioner. (8) A warrant issued under this section may be executed by any police officer, or by any person to whom it is addressed, and the person executing it may use such force as is reasonably necessary for the purpose of entering any premises for the purpose of executing it. (9) The issue of a warrant or the arrest of a witness does not relieve the witness from any liability incurred by the witness for non-compliance with a summons. (10) This section operates in place of section 16 (Warrant) of the 1923 Act. Declaration a s to objection by witness (s. 38 ICAC Act) 12. The Commissioner may declare that all or any classes of answers given by a witness or that all or any classes of documents or other things produced by a witness will be regarded a s having been given or produced on objection by the witness, and there is accordingly no need for the witness to make an objection in respect of each such answer, document or other thing. Reimbursement of expenses of witnesses (s. 51 ICAC Act) 13. (1) A witness attending or appearing before the Commission is to be paid, out of money provided by Parliament, in respect of the expenses of the witness's attendance an amount ascertained in accordance with the scale prescribed for the purposes of section 51 of the Independent Commission Against Corruption Act 1988 or, if there is no such prescribed scale, such amount as the 'Royal Commissioner determines. 8 Royal Commission (Police Service) Act 1994 No. 60 (2) Section 13 of the 1923 Act (Allowance to witnesses) does not apply in respect of witnesses attending or appearing before a Royal Commission to which this Act applies. Attendance of prisoner before Commission (s. 39 ICAC Act) 14. ( l ) If the Commissioner requires the attendance before the Commission of a prisoner, the Commissioner may, by order in writing served on the governor of the prison in whose custody the prisoner is, direct the governor to produce the prisoner, or have the prisoner produced, at the time and place stated in the order. (2) Such an order is sufficient authority to the governor of the prison for producing the prisoner or having the prisoner produced, and the prisoner must be produced accordingly. (3) A prisoner is, when produced under this section in the actual custody of the governor of the prison, a prison officer or a police officer, taken to be in lawful custody. (4) The governor, prison officer or police officer must in due course return the prisoner to the prison. (5) In this section, "governor of a prison", "prison" and "prisoner" have the same meanings as in the Prisons Act 1952. PART 4--SEARCH AND LISTENING DEVICE WARRANTS Issue of search warrant (s. 40 ICAC Act) 15. (1) An authorised justice to whom an application is made under subsection (4) may issue a search warrant if satisfied that there are reasonable grounds for doing so. (2) The Commissioner, on application made to the Commissioner under subsection (4), may issue a search warrant if the Commissioner thinks fit in the circumstances and if satisfied that there are reasonable grounds for doing so. (3) Search warrants should, as far as practicable, be issued by authorised justices, but nothing in this subsection affects the discretion of the Commissioner to issue them. (4) An authorised person may apply to an authorised justice or the Commissioner for a search warrant if the person has reasonable grounds for believing that: 9 Royal Commission (Police Service) Act 1994 No. 60 (a) there is in or on any premises a document or other thing connected with any matter that is the subject of the Commission's inquiry or that such a document or other thing may, within the next following 72 hours, be brought into or onto the premises; and (b) the matter involves any conduct of a person that constitutes or involves or may constitute or involve a criminal offence. (5) In this section: "authorised justice" has the same meaning as in the Search Warrants Act 1985; "authorised person" means an officer of the Commission and, in relation to an application to an authorised justice for a search warrant, includes the Commissioner. Authority conferred by warrant (s. 41 ICAC Act) 16. (1) A search warrant authorises any police officer, or any other person, named in the warrant: (a) to enter the premises; and (b) to search the premises for documents or other things connected with any matter that is the subject of the Commission's inquiry; and (c) to seize any such documents or other things found in or on the premises and deliver them to the Commission. (2) A police officer executing a search warrant may search a person found in or on the premises whom the police officer reasonably suspects of having a document or other thing mentioned in the warrant. (3) If the person executing a search warrant is a police officer under the law of another State or of a Territory or the Commonwealth, he or she may exercise the functions of a police officer under subsection (2). (4) Section 12 (Inspection and copies of documents) of the 1923 Act extends to apply to a document or other thing seized pursuant to a search warrant. Duty to show warrant (s. 42 ICAC Act) 17. A person executing a search warrant must produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier. 10 Royal Commission (Police Service) Act 1994 No. 60 Use of force (s. 43 ICAC Act) 18. (1) A person authorised to enter premises under a search warrant may use such force as is reasonably necessary for the purpose of entering the premises. (2) A person authorised to enter premises under a search warrant may, if it is reasonably necessary to do so, break open any receptacle in or on the premises for the purposes of the search. Use of assistants to execute warrant (s. 44 ICAC Act) 19. A person may execute a search warrant with the aid of such assistants a s the person considers necessary. Execution of warrant by day or night (s. 45 ICAC Act) 20. (1) A search warrant may be executed by day, but must not be executed by night unless the person issuing the warrant, by the warrant, authorises its execution by night. (2) The person issuing a search warrant is not to authorise the execution of the warrant by night unless satisfied that there are reasonable grounds for doing so. Those grounds include (but are not limited to) the following: (a) the execution of the warrant by day is unlikely to be successful because, for example, it is issued to search for a thing which is likely to be on the premises only at night or other relevant circumstances will only exist at night; (b) there is likely to be less risk to the safety of any person if it is executed at night; (c) an occupier is likely to be on the premises only at night to allow entry without the use of force. (3) In this section: "by day" means during the period between 6 a.m. and 9 p.m. on any day; "by night" means during the period between 9 p.m. on any day and 6 a.m. on the following day. Expiry of warrant (s. 46 ICAC Act) 21. A search warrant ceases to have effect: (a) one month after its issue; or (b) if it is withdrawn by the person who issued the warrant; or (c) when it is executed, whichever first occurs. 11 Royal Commission (Police Service) Act I994 No. 60 Seizure of other documents and things (s. 47 (1) ICAC Act) 22. If, in the course of searching, in accordance with the terms of a search warrant, for documents or other things: (a) the person executing the warrant finds a document or other thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an indictable offence against the law of the Commonwealth, a State or a Territory; and (b) the first-mentioned person believes on reasonable grounds that it is necessary to seize the document or other thing in order to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence, that person may seize the document or other thing and, if it is so seized, it is taken, for the purposes of this Act, to have been seized pursuant to the warrant. Application of provisions of the Search Warrants Act 1985 (s. 48 ICAC Act) 23. (1) Part 3 of the Search Warrants Act 1985 (other than sections 16-20) applies to a search warrant issued under this Act. (2) Part 3 of the Search Warrants Act 1985 so applies a s if references in that Part to an authorised justice to whom an application for a search warrant is made or by whom a search warrant is issued included (where relevant) references to the Commissioner, where such an application is made to the Commissioner or a search warrant is issued by the Commissioner. Obstruction of person executing search warrant (s. 84 ICAC Act) 24. A person must not, without reasonable excuse, obstruct or hinder a person executing a search warrant. Maximum penalty: 20 penalty units or imprisonment for 2 years, or both. Listening devices (s. 19 (2) ICAC Act) 25. The Commissioner or an officer of the Commission may seek the issue of a warrant under the Listening Devices Act 1984. 12 Royal Commission (Police Service) Act 1994 No. 60 PART 5--PROTECTION OF WITNESSES AND EVIDENCE Protection of witnesses (s. 50 ICAC Act) 26. (1) If it appears to the Commissioner that, because a person is assisting the Commission, the safety of the person or any other person may be prejudiced or the person or any other person may be subject to intimidation or harassment, the Commissioner may make .such arrangements as are necessary to avoid prejudice to the safety of any such person or to protect any such person from intimidation or harassment. (2) In this section, a reference to a person who is assisting the Commission is a reference to a person who: (a) has appeared, is appearing or is to appear before the Commission to give evidence or to produce a document or other thing; or (b) has produced or proposes to produce a document or other thing to the Commission under this Act or the 1923 Act, otherwise than by attending before the Commission; or (c) has assisted, is assisting or is to assist the Commission in some other manner. Publication of evidence etc. (s. 112 ICAC Act) 27. (1) The Commissioner may direct that: (a) any evidence given before the Commission; or (b) the contents of any document, or a description of any thing, produced to the Commission, or seized under a search warrant issued under this Act; or (c) any information that might enable a person who has given evidence before the Commission to be identified; or (d) the fact that any person has given or may be about to give evidence before the Commission, must not be published or must not be published except in such manner, and to such persons, as the Commissioner specifies. (2) The Commissioner is not to give a direction under this section unless satisfied that the direction is necessary or desirable in the public interest. (3) A person must not make a publication in contravention of a direction given under this section. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both. 13 Royal Commission (Police Service) Act 1994 No. 60 Disclosures prejudicing inquiry (s. 114 ICAC Act) 28. (1) A person who is required by a notice under section 6 or 7 to produce a statement of information or to attend and produce a document or other thing, or by a summons to attend the Commission and give evidence or produce a document or other thing, must not disclose any information about the notice or summons that is likely to prejudice the Commission's inquiry or any part or aspect of the Commission's inquiry to which it relates. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both. (2) Subsection (1) does not apply to a notice or summons unless it specifies that information about the notice or summons must not be disclosed. (3) A person does not contravene this section if: (a) the disclosure is made to an employee, agent or other person in order to obtain information to comply with the notice or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter; or (b) the disclosure is made to obtain legal advice or representation in relation to the notice or summons; or (c) the disclosure is made for the purposes of, or in the course of, legal proceedings. (4) A reference in this section to the disclosure of any information about a notice or summons includes a reference to: (a) a disclosure about the existence or nature of the notice or summons or of the part or aspect of the Commission's inquiry to which it relates; and (b) a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the notice or summons or of the part or aspect of the Commission's inquiry to which it relates. Indemnities and undertakings (s. 49 ICAC Act) 29. (1) The Commissioner may recommend to the Attorney General that a person be granted (under section 13 of the Criminal Procedure Act 1986) an indemnity from prosecution. (2) The Commissioner may recommend to the Attorney General that a person be given (under section 1 4 of the Criminal Procedure Act 1986) an undertaking that: 14 Royal Commission (Police Service) Act 1994 No. 60 (a) an answer, statement or disclosure in proceedings before the Commission; or (b) the fact of a disclosure or production of a document in proceedings before the Commission, will not be used in evidence against the person. (3) Section 14 of the Criminal Procedure Act 1986 applies in relation to proceedings before the Commission in the same way as it applies in relation to proceedings for an offence. (4) A reference in this section to proceedings before the Commission includes a reference to any activity in connection with the Commission's inquiry involving the Commission, the Commissioner or an officer of the Commission. PART 6--SECRECY, DISCLOSURE, ADMISSIBILITY Secrecy (s. 111 ICAC Act) 30. (1) This section applies to: (a) a person who is or was the Commissioner or an officer of the Commission; and (b) a person who is or was a person who assists, or performs services for or on behalf of, a legal practitioner appointed by the Crown to assist the Commission in the exercise of the legal practitioner's functions as counsel to the Commission. (2) A person to whom this section applies must not, directly or indirectly, except for the purposes of this Act or the 1923 Act or the person's Royal Commission functions or otherwise in connection with the exercise of the person's Royal Commission functions: (a) make a record of any information; or (b) divulge or communicate to any person any information, being information acquired by the person by reason of, or in .the course of, the exercise of the person's Royal Commission functions. Maximum penalty: 50 penalty units or imprisonment for 12 months, or both. (3) A person to whom this section applies cannot be required: (a) to produce in any court any document or other thing that has come into the person's possession, custody or control by reason of, or in the course of, the exercise of the person's Royal Commission functions; or 15 Royal Commission (Police Service) Act 1994 No. 60 (b) to divulge or communicate to any court any matter or thing that has come to the person's notice in the exercise of the person's Royal Commission functions, except for the purposes of a prosecution or disciplinary proceedings instituted as a result of the Commission's inquiry. (4) Despite this section, a person to whom this section applies may divulge any such information: (a) for the purposes of the Commission's inquiry and report or otherwise for the purposes of and in accordance with this Act or the 1923 Act; or (b) for the purposes of a prosecution or disciplinary proceedings instituted as a result of the Commission's inquiry; or (c) in accordance with a direction of the Commissioner, if the Commissioner certifies that it is necessary to do so in the public interest; or (d) to any prescribed authority or person. (5) An authority or person to whom information is divulged under subsection (4), and any person or employee under the control of that authority or person, is subject to the same rights, privileges, obligations and liabilities under subsections (2) and (3) in respect of that information, as if he or she were a person to whom this section applies and had acquired the information in the exercise of the person's Royal Commission functions. (6) In this section: "court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions; "produce" includes permit access to; "Royal Commission functions" means functions arising under or in connection with this Act or the 1923 Act or any commission establishing or conferring functions on the Commission or conferring functions on the Commission or the Commissioner. Disclosure of information and giving of evidence by Ombudsman 31. (1) The Ombudsman, and any officer of the Ombudsman acting with the approval of the Ombudsman, may: (a) furnish to the Commission information obtained by the Ombudsman or officer in exercising functions under the Ombudsman Act 1974, Part 8A (Complaints about conduct of police officers) of the Police Service Act 1990 or any other Act; or 16 Royal Commission (Police Service) Act I994 No. 60 (b) give evidence before the Commission and produce any document to the Commission, in respect of any such information. (2) Neither the Ombudsman nor any officer of the Ombudsman can be compelled to give any evidence before the Commission or produce any document before the Commission in respect of information obtained by the Ombudsman or officer in exercising functions as referred to in subsection (l). (3) This section applies despite sections 34 (Disclosure by Ombudsman or officer) and 35 (Ombudsman or officer as witness) of the Ombudsman Act 1974 and section 169 (Ombudsman or officer as witness) of the Police Service Act 1990, and any other law. (4) Section 35 of the Ombudsman Act 1974 and section 169 of the Police Service Act 1990 do not apply in respect of any proceedings for an offence under this Act. (5) In this section, a reference to an officer of the Ombudsman includes a reference to an acting Ombudsman, a Deputy Ombudsman, an Assistant Ombudsman and a special officer of the Ombudsman. Secrecy provisions in other Acts 32. (1) The following provisions do not apply to the divulging of information, or the production of any document or other thing, pursuant to a requirement made by or under this Act or the 1923 Act: (a) section 15 (Secrecy) of the Companies (Administration) Act 1981; (b) section 155A (Secrecy) of the Liquor Act 1982; (c) section 206 (Disclosure of information relating to Police Board functions) of the Police Service Act 1990; (d) section 72C (Secrecy) of the Registered Clubs Act 1976. (2) For the purposes of section 13 (Unlawful disclosure of information concerning spent convictions) of the Criminal Records Act 1991, the Commission is taken to be a law enforcement agency. Admissibility of documents relating to complaints about police 33. (1) A document brought into existence for the purposes of Part 8A (Complaints about conduct of police officers) of the Police Service Act 1990 is admissible in evidence before the Commission. (2) This section applies despite section 172A (Certain documents privileged) of the Police Service Act 1990. 17 Royal Commission (Police Service) Act I994 No. 60 Telecommunications (Interception) (New South Wales) Act 1987 34. Section 21 (Disclosure by persons under the Minister's administration) of the Telecommunications (Interception) (New South Wales) Act 1987 does not apply to prevent the disclosure of any information or record for the purposes of any proceedings for an offence under this Act. Legal Profession Act 1987 35. Section 171R (Commissioner, Council etc. as witness) of the Legal Profession Act 1987 does not apply to proceedings for an offence under this Act. Note. The section of the Legal Profession Act 1987 referred to here makes members of the Council and Tribunal under that Act (and certain other persons) not competent and not compellable to give evidence in legal proceedings. There is an exception for proceedings for an offence under the 1923 Act. Section 35 extends this exception to include proceedings for an offence under this Act. Privacy Committee Act l975 36. (1) Section 20 (Prohibition on disclosure by members and others) of the Privacy Committee Act 1975 does not apply to the disclosure of information for the purposes of any proceedings for an offence under this Act. (2) Section 21 (Members and others a s witnesses) of the Privacy Committee Act 1975 does not apply in respect of any proceedings for an offence under this Act. Note. The sections of the Privacy Committee Act 1975 referred to here prevent disclosures by members and officers of the Privacy Committee and make those members and officers not competent and not compellable to give evidence in legal proceedings. There is a n exception in each case in respect of proceedings for an offence under the 1923 Act. Section 36 extends this exception to include proceedings for an offence under this Act. Religious confessions 37. Section 10 (Religious confessions) of the Evidence Act l 898 applies to any hearing or proceedings to which this Act applies. Note. Section 10 of the Evidence Act 1898 protects religious confessions from disclosure in proceedings. The section specifically provides that the protection applies to a hearing or proceeding before a Royal Commission. Section 37 makes it clear that the protection extends to a hearing or proceeding under this Act. 18 Royal Commission (Police Service) Act 1994 No. 60 PART 7--MISCELLANEOUS Effect of pending proceedings (s. 18 ICAC Act) 38. (1) The Commissioner may do any or all of the following, despite any proceedings that may be in or before any court, tribunal, warden, coroner, Magistrate, justice of the peace or other person: (a) commence, continue, discontinue or complete the Commission's inquiry and any part or aspect of that inquiry; (b) furnish any report in connection with that inquiry or any part or aspect of that inquiry; (c) all such acts and things as are necessary or expedient for those purposes. (2) If the proceedings are proceedings for an indictable offence and are conducted by or on behalf of the Crown, the Commissioner may, to the extent to which the Commissioner thinks it necessary to do so to ensure that the accused's right to a fair trial is not prejudiced: (a) order any hearing or other matters relating to the inquiry are conducted in private during the currency of the proceedings; and (b) give directions under section 27 (Publication of evidence etc.), having effect during the currency of the proceedings. (3) Subsection (2) does not apply: (a) (in the case of committal proceedings) before the commencement of the committal hearing, that is, the commencement of the taking of the evidence for the prosecution in the committal proceedings; and (b) (in any other case) after the proceedings cease to be proceedings for the trial of a person before a jury. (4) This section has effect whether or not the proceedings commenced before or after the Commission's inquiry commenced and has effect whether or not the Commission, the Commissioner or an officer of the Commission is a party to the proceedings. Delegation (s. 107 ICAC Act) 39. The Commissioner may delegate any of the following functions of the Commissioner to the person appointed as Senior Counsel Assisting the Commission, to be exercisable only during the illness of the Commissioner or the absence of the Commissioner from Sydney or the State: 19 Royal Commission (Police Service) Act 1994 No. 60 (a) functions under section 6 (Power to obtain information) of this Act; (b) functions under section 7 (Power to obtain documents) of this Act; (c) functions under section 10 (Power to enter public premises) of this Act; (d) functions under section 1 4 (Attendance of prisoner before Commission) of this Act; (e) functions under section 8 (Witnesses) of the 1923 Act. Protection from liability (s. 109 ICAC Act) 40. (1) A matter or thing done by the Commission, the Commissioner or any person acting under the direction of the Commission or Commissioner which was done in good faith for the purposes of the Commission's inquiry or for the purpose of executing this or any other Act does not subject the Commissioner or the person so acting personally to any action, liability, claim or demand. (2) Subsection (1) does not limit any protection or immunity afforded the Commissioner by section 6 (Protection of Commissioners) of the 1923 Act. (3) A legal practitioner assisting the Commission or representing a person before the Commission has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. (4) Subject to this Act and the 1923 Act, a person summoned to attend or appearing before the Commission a s a witness, or producing a document or other thing to the Commission, has the same protection a sa witness in proceedings in the Supreme Court. (5) No criminal or civil liability attaches to any person for compliance, or purported compliance in good faith, with any requirement made under this Act or the 1923 Act. (6) In particular, if a person gives any statement of information or produces any document or other thing under section 6 or 7, no civil liability attaches to the person for doing so, whether that liability would arise under a contract or otherwise. (7) The reference to the 1923 Act in item 10 of Schedule 1 (Excluded conduct of public authorities) of the Ombudsman Act 1974 is taken to include a reference to this Act. Note. Item 10 of Schedule 1 to the Ombudsman Act 1974 operates to exclude the conduct of a Royal Commissioner under the 1923 Act from investigation by the Ombudsman. Subsection (7) extends this to include conduct of the Royal Commissioner under this Act. 20 Royal Commission (Police Service) Act 1994 No. 60 Proceedings for offences 41. Proceedings for an offence against this Act are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone. Regulations 42. The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. [Minister ` s second reading speech made i n -- Legislative Assembly on 22 September 1994 Legislative Council on 27 October 1994)