Understand what you can report
The LECC independently considers cases of serious misconduct and serious maladministration involving officers, former officers and employees of the:
- NSW Police Force
- NSW Crime Commission
The law says that, most of the time, the New South Wales Police Force or the NSW Crime Commission should manage any complaints that are made about their staff.
However, the LECC makes sure these agencies deal with misconduct appropriately.
This allows us to focus our own investigations on the cases where we think it is better if the Police or Crime Commission do not do the investigation.
We can decide which cases we will investigate and monitor. Most complaints will not be investigated by the LECC.
This means that it is likely that we will refer your complaint to the NSW Police Force or NSW Crime Commission for their action.
We’ll then review the action they take to ensure that it’s done properly.
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.
Types of allegations and issues we won’t investigate or monitor
We won't investigation:
- customer service issues by the NSW Police
- internal performance management issues (for example, officers who claim sick leave when not they’re not ill)
- the outcome of traffic or court decisions
- isues that are about law enforcement agencies in other states or territories
If you’d like information about who you can contact you can call LawAccess NSW on 1300 888 529
We also don’tdeal with allegations about:
- Federal parliamentarians, departments, agencies or the judiciary
- the private sector — unless NSW Police Force or NSW Crime Commission officers are involved
What we can and cannot do
WHAT WE CAN DO:
WHAT WE CAN’T DO:
Receive complaints about misconduct by NSW Police and NSW Crime Commission employees.
Receive complaints about other law enforcement agencies — for example, the Australian Federal Police, Queensland Police, Victoria Police and other state and territory police.
Receive complaints about maladministration in the NSW Police Force or NSW Crime Commission.
Investigate or assess complaints against non-NSW police or non-NSW Crime Commission employees.
Act independently from the NSW Police Force, NSW Crime Commission and other government bodies.
Investigate every complaint we receive. We are more likely to investigate ongoing problems or serious misconduct.
Refer a complaint to the NSW Police Force and monitor how they handle it, to make sure their investigation is done properly.
Act for particular individuals or organisations.
Review complaint investigation reports prepared by Police or the Crime Commission to determine whether we are satisfied with the handling of the complaint.
Force an organisation to take action in the way a court can.
Reduce a complaint to writing if you cannot write it yourself or do not have a support person who can assist.
Provide legal advice or intervene in Court or AVO matters or change AVO conditions.
Investigate serious misconduct or maladministration.
Press charges against a police officer or civilian. Any findings from an investigation are referred for consideration to the Director Public Prosecutions.
Treat you with respect.
Take action on limited information. We need to receive clear, relevant information.
We don’t try to achieve a remedy for someone who reports serious misconduct or serious maladministration.