The Authorised Investigators (Complaints and Misconduct) Regulations 2026
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Change 1
36 Procedure where conduct matter is revealed during investigation of DSI matter
(1) If, during the course of an investigation of a DSI matter, it appears to a person appointed by the Minister under regulation 39 to undertake an investigation that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the person so appointed must make a submission to that effect to the Minister in relation to the DSI matter. (2) If, after considering a submission under paragraph (1), the Minister determines that there is such an indication, the Minister must— (a) notify the Director General of the Minister’s determination; and (b) send to the Director General a copy of the submission under paragraph (1). (3) If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 40 or 41, that there is an indication that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the person so appointed must make a submission to that effect to the Director General in relation to the DSI matter. (4) If, after considering a submission under paragraph (3), the Director General determines that there is such an indication, the Director General must— (a) notify the Minister of the Director General’s determination; and (b) send to the Minister a copy of the submission under paragraph (3). (5) If during the course of an investigation of a DSI matter being carried out by a person appointed under regulation 40 or 41 the Director General determines (without there having been a submission under paragraph (3)) that there is an indication that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must notify the Minister of the Director General’s determination. (6) If during the course of an investigation of a DSI matter by a person designated under regulation 42 the Director General determines that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must proceed under paragraph (7). (7) The Director General must— (a) prepare a record of the determination made by the Director General under paragraph (6); (b) notify the Minister of that determination; and (c) send to the Minister a copy of the record of that determination prepared under sub-paragraph (a). (8) Where the Minister— (a) is notified of a determination by the Director General under paragraph (4), (5) or (7); or (b) makes a determination under paragraph (2), the Minister must record the matter under regulation 22 as a recordable conduct matter. (9) Where a DSI matter is recorded under regulation 22 as a recordable conduct matter by virtue of paragraph (8)— (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 37(5), (7) or (8), continue the investigation as if appointed or designated to investigate the conduct matter; and (b) the other provisions of these Regulations apply in relation to that matter as if it were a recordable conduct matter.
36 Procedure where conduct matter is revealed during investigation of DSI matter
(1) If, during the course of an investigation of a DSI matter, it appears to a person appointed by the Minister under regulation 39 to undertake an investigation that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the person so appointed must make a submission to that effect to the Minister in relation to the DSI matter. (2) If, after considering a submission under paragraph (1), the Minister determines that there is such an indication, the Minister must— (a) notify the Director General of the Minister’s determination; and (b) send to the Director General a copy of the submission under paragraph (1). (3) If during the course of an investigation of a DSI matter it appears to a person appointed under regulation 40 or 41, that there is an indication that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the person so appointed must make a submission to that effect to the Director General in relation to the DSI matter. (4) If, after considering a submission under paragraph (3), the Director General determines that there is such an indication, the Director General must— (a) notify the Minister of the Director General’s determination; and (b) send to the Minister a copy of the submission under paragraph (3). (5) If during the course of an investigation of a DSI matter being carried out by a person appointed under regulation 40 or 41 the Director General determines (without there having been a submission under paragraph (3)) that there is an indication that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must notify the Minister of the Director General’s determination. (6) If during the course of an investigation of a DSI matter by a person designated under regulation 42 the Director General determines that an authorised investigator may have— (a) committed a criminal offence; or (b) behaved in a manner which would justify the bringing of disciplinary proceedings, the Director General must proceed under paragraph (7). (7) The Director General must— (a) prepare a record of the determination made by the Director General under paragraph (6); (b) notify the Minister of that determination; and (c) send to the Minister a copy of the record of that determination prepared under sub-paragraph (a). (8) Where the Minister— (a) is notified of a determination by the Director General under paragraph (4), (5) or (7); or (b) makes a determination under paragraph (2), the Minister must record the matter under regulation 22 as a recordable conduct matter. (9) Where a DSI matter is recorded under regulation 22 as a recordable conduct matter by virtue of paragraph (8)— (a) the person investigating the DSI matter must, subject to any determination made by the Director General under regulation 37(5), (7) or (8), continue the investigation as if appointed or designated to investigate the conduct matter; and (b) the other provisions of these Regulations apply in relation to that matter as if it were a recordable conduct matter.
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