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Complaints to the Special Investigations Monitor

The Special Investigations Monitor (SIM) has the power to investigate certain complaints made by people who have been examined by either the Director, Police Integrity (DPI) or the Chief Examiner in the following circumstances.

Director, Police Integrity

Complaints may be made to the SIM by persons who have attended the DPI during an investigation conducted under the provisions of the Police Integrity Act 2008 for the purpose of:

• providing information
• producing a document or thing
• giving evidence (whether voluntarily or in answer to a summons).

The SIM's jurisdiction is limited to investigating a complaint that the person was not given adequate opportunity to convey their understanding of the relevant facts to the Director.

Office of the Chief Examiner

Complaints may be made to the SIM by persons who have attended an examination before the Chief Examiner in accordance with the Major Crime (Investigative Powers) Act 2004.

Under this Act, a coercive powers order must be made by the Supreme Court before a person can be summonsed to appear before the Chief Examiner for the purpose of investigating the organised crime offence in respect of which the order is made.

The complaints which may be investigated by the SIM are limited to either or both of the following:

• the relevance of any questions asked of the person in relation to the organised crime offence in relation to which the coercive powers order was made
• the relevance of any requirement to produce a document or other thing to the investigation of the organised crime offence in relation to which the coercive powers order was made.

Making a complaint

In either case, the complaint may be made by the person verbally or in writing to the SIM. The complaint must be made within:

• 90 days after the person was excused from attendance, in the case of an attendance under the Police Integrity Act 2008; or
• Three days after the person was asked the question or required to produce the document or other thing, in the case of an attendance under the Major Crime (Investigative Powers) Act 2004.