Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill. I also ask leave of the House to move government amendments (1) and (2) as circulated together.

Leave granted.

I move government amendments (1) and (2) as circulated together:

(1) Schedule 1, item 12, page 7 (lines 19 to 28), omit paragraph (dc) of the definition of permitted purpose in subsection 5(1), substitute:

(dc) in the case of the Inspector of the Law Enforcement Conduct Commission—dealing with (by reports and recommendations) conduct amounting to:

  (i) agency maladministration (within the meaning of subsection (6A)) on the part of the Commission; or

  (ii) officer misconduct (within the meaning of section 122 of the Law Enforcement Conduct Commission Act 2016 (NSW)) or officer maladministration (within the meaning of that section) on the part of officers (within the meaning of that Act) of the Commission;

whether or not the subject of a complaint; or

[permitted purpose]

(2) Schedule 1, item 19, page 9 (before line 1), before subsection 5(7), insert:

Permitted purposes—Inspector of the Law Enforcement Conduct Commission

(6A) For the purposes of subparagraph (dc) (i) of the definition of permitted purpose in subsection (1), agency maladministration in relation to the Law Enforcement Conduct Commission has the same meaning as it has in the Law Enforcement Conduct Commission Act 2016 (NSW) in relation to the NSW Police Force or the Crime Commission.

[permitted purpose]

I thank the opposition for their support of the bill and also of these amendments. These amendments are purely to accede to a request, from the New South Wales government, that we received last week. The amendments ensure that the bill supports the full range of oversight functions of the Law Enforcement Conduct Commission and the amendments expand the purposes to which the inspector of the conduct commission can communicate, make use of or make a record of telecommunications interception information under the Telecommunications (Interception and Access) Act 1979 to include maladministration by the conduct commission.

Clare O'Neil (Hotham, Australian Labor Party) Share this | Link to this | Hansard source

We welcome the government's proposed amendments to fix its original drafting to ensure that the inspector of the LECC is able to undertake the same oversight role as the former inspector of the Police Integrity Commission. I do want to make the point that it is actually through the PJCIS review process that the error was identified and raised by the New South Wales government. The review of legislation like this via the PJCIS is a reform that Labor fought for and won as a condition of our support for the government's data retention legislation. Again, it is really great to see that process working so well and picking up the error that the government has made here. The inspector is going to perform a very critical role overseeing the LECC, and we are pleased support this amendment.

Question agreed to.

Bill agreed to.