The LECC was established on 1 July 2017, replacing the police branch of the NSW Ombudsman and the Policy Integrity Commission. The LECC arose out of the 2015 report by former NSW Shadow Attorney General, Mr Andrew Tink AM Review of Police Oversight. In addition to making a formal submission to the review, RLC and UNSW Law held a public forum exploring the current system of police oversight.
One of the LECC's main functions is to detect, investigate and and respond to "serious misconduct" and "serious maladministration" in the NSW Police Force and the NSW Crime Commission. Anyone can report allegations of misconduct or maladministration to the LECC and complaints can be made online, anonymously if preferred.
Serious misconduct is conduct that could:
- result in a prosecution for a serious offense
- result in serious dispensary action
- demonstrates a pattern of misconduct or maladministration
- be deemed corrupt conduct.
Serious maladministration is conduct of a serious nature that is:
- unreasonable
- unjust
- oppressive or improperly discriminatory; or arises wholly or impart from improper motives.
Although the LECC claims that it “provides the NSW public with a simplified, strong, fair and impartial system of law enforcement oversight in NSW”, RLC has some concerns about the new legislation.
Given that the LECC will only investigate “serious misconduct”, ie. misconduct that rises to the level of a criminal offence or corrupt conduct, much of the misconduct RLC's Police Powers practice sees – being unlawful but not an offence – may not have the benefit of a LECC investigation.
This could include matters such as unlawful stop and searches, unlawful arrests and complaints arising from use excessive force. In addition, the LECC may not have the same powers to conduct investigations in the public interest as its predecessor (for example, the Ombudsman’s 2012 report into Taser use).
We are hopeful that the LECC will improve police oversight in NSW; only time will tell.
If you would like advice about making a complaint to the LECC, or you would like assistance with making a police complaint, contact RLC on 02 9698 7277.
