Provide Information

Serious misconduct is conduct that could:

• be a serious offence (an offence punishable by imprisonment for 5 years or more)

• lead to serious disciplinary action (for example, termination of employment) or

• be a pattern of conduct that indicates systemic issues or corrupt conduct

For example, it could be when NSW Police Force or NSW Crime Commission employees:

• solicit or accept bribes

• pervert the course of justice (for example, by planting evidence at a crime scene or interfere with a brief of evidence)

• commit serious assaults

• release confidential police information to criminals

• improperly interfere in police investigations

• have improper relationships with criminals

• manufacture, cultivate or supply prohibited drugs

Serious maladministration is defined as ‘conduct of a serious nature that is unreasonable, unjust, oppressive or improperly discriminatory, or arises wholly or in part from improper motives’.

‘Agency maladministration’ is conduct by officers of the NSW Police Force or NSW Crime Commission that is:

• unlawful, or

• not unlawful, but procedurally unfair, unreasonable, unjust, oppressive  or discriminatory

‘Officer maladministration’ is conduct by a NSW Police Force officer or administrative employee or an officer of the NSW Crime Commission that although not unlawful, is procedurally unfair.

• corrupt conduct — this has the same meaning as in the ICAC Act and includes acts of violence, illegal drug dealing, dishonest conduct and the misuse of information

• serious maladministration — such as an agency systemically failing to comply with proper recruitment processes when hiring staff

• a government information contravention — such as destroying, concealing or altering records to prevent them from being released under a Government Information Public Access application

• a local government pecuniary interest contravention — such as a senior council staff member recommending a family member for a council contract and not declaring the relationship

• a privacy contravention — such as unlawfully accessing a person’s personal information on an agency’s database

• a serious and substantial waste of public money — such as an agency not following a competitive tendering process when contracting with entities to undertake government work.

The LECC encourages members of the public to report suspected serious misconduct or serious maladministration involving the NSW Police Force or NSW Crime Commission.

A legal representative or a Member of Parliament can submit a complaint on your behalf. Other people can assist you in submitting a complaint if you are having difficulties.

You can make a complaint anonymously, however you should be aware that we will not be able to contact you to discuss or clarify any aspect of your complaint

If you are a serving officer, you can fulfil your obligation to report police misconduct by submitting a complaint to us.

• a person employed in or by a NSW agency or otherwise in the service of an agency

• a person having public official functions or acting in a public official capacity whose conduct or activities an integrity agency is authorised by another Act or law to investigate

• an individual in the service of the NSW Crown

• a statutory officer

• a person providing services or exercising functions on behalf of an agency, including a contractor, subcontractor or volunteer

• an employee, partner or officer of an entity that provides services, under contract, subcontract or other arrangement, on behalf of an agency or exercises functions of an agency, and are involved in providing those services or exercising those functions

• a judicial officer

• a person employed under the Members of Parliament Staff Act 2013