All information received by the LECC is assessed for its suitability for investigation or oversight and may be retained with other information for intelligence purposes.
Any information provided to the LECC is received in-confidence. The LECC handles your information and personal details carefully and confidentially.
Investigating and exposing misconduct
The primary role of the LECC is to detect, oversight, investigate and expose misconduct and maladministration within the NSW Police Force and the NSW Crime Commission.
The LECC provides independent oversight and review (including, where appropriate, real time monitoring and review) of investigations by the NSW Police Force of misconduct matters concerning the conduct of its members and the NSW Crime Commission concerning its officers.
The LECC uses its investigative powers to identify and deal with cases of misconduct and maladministration in these agencies.
By being separate from and completely independent of both the NSW Police Force and NSW Crime Commission, the LECC is able to engage special powers to perform its investigative and oversight functions.
As a result of our investigations or oversight, we may:
- publish investigation reports
- refer matters to the NSW Police Force or the NSW Crime Commission for action
- request further investigation or review of a management action decision by the NSW Police Force or NSW Crime Commission
- publish reports and/or make recommendations aimed at preventing further potential misconduct or maladministration.
The LECC also works collaboratively with the NSW Police Force and NSW Crime Commission to prevent officer misconduct, maladministration and agency maladministration by:
- fostering an environment where people feel empowered to identify and report misconduct or maladministration, and their reports are viewed as a positive step towards preventing further misconduct or maladministration; and
- identifying problems in the systems, practices and procedures of those agencies that might lead to such misconduct or maladministration.
Critical Incident Oversight
The LECC monitors the NSW Police Force’s investigation of critical incidents.
A critical incident is an incident involving a police officer or other member of the NSW Police Force that results in death or serious injury to a person. The Commission monitors the investigation of critical incidents from the time of the incident, until the completion of the investigation by police, to provide assurance to the public and the next of kin that police investigations into critical incidents are conducted in a competent, thorough and objective manner and consider:
- the lawfulness and reasonableness of the actions of the NSW Police Force officers involved in the critical incident;
- the extent to which the actions of the NSW Police Force officers complied with relevant law and policies and procedures of the NSW Police Force;
- any complaint about the conduct of involved NSW Police Force officers and any evidence of misconduct;
- the need for changes to relevant policies, practices and procedures of the NSW Police Force; and
- any systemic, safety or procedural issues arising from the actions of NSW Police Force officers.
If the LECC forms the view that the investigation is not being conducted in an appropriate manner, it can advise the NSW Police Force and/or the Coroner of those concerns and make recommendations in relation to concerns identified. The NSW Police Force is required to consider and respond to concerns and recommendations raised by the LECC. The LECC may make the advice it has given public after the conclusion of the critical incident investigation.
Oversight of complaint handling
The LECC oversees NSW Police Force and NSW Crime Commission investigations of alleged misconduct by officers of those agencies. The LECC may monitor, in real time, the progress of serious or significant misconduct matters but usually considers the adequacy of the investigation once investigation reports are completed by the relevant law enforcement agency.
If the LECC is not satisfied with the way the complaint has been investigated by the relevant agency or with the management action taken, the LECC advises the NSW Police Force or NSW Crime Commission of the concerns and the reason for these concerns, and may:
- request further information or advice about the reasons for a decision;
- conduct further inquiries in relation to the misconduct matter; and
- reconsider the findings made or the remedial action to be taken.
In response, the NSW Police Force and/or the NSW Crime Commission must provide the information or advice requested, and must notify the LECC of their decision in relation to a request for further inquiries or reconsideration of the findings or remedial action to be taken. In the event that the NSW Police Force and/or the NSW Crime Commission do not decide to conduct further inquiries, reconsider findings and/or reconsider management action to be taken, they must provide reasons for their decision. If the LECC is not satisfied with the decision, it may provide a report to the Minister or a special report to Parliament.
If the complaint concerns serious misconduct or maladministration, the LECC can decide to conduct its own investigation.