Presentation of LECC Public Reports
The Law Enforcement Conduct Commission has furnished six reports to Parliament today, including Operation Tusket: An investigation into systemic issues with the NSW Child Protection Register, the Commission’s Annual Report 2018-19 and four investigation reports.
Operation Tusket was an investigation commenced by the Commission in 2017 regarding the NSW Police Force’s (NSWPF) administration of the NSW Child Protection Register. The investigation found that since 2002 the NSWPF has made over 700 incorrect decisions about which persons needed to be included on the Register, or about the number of years for which persons on the Register were legally required to report to police.
The Commission found that the NSWPF has taken significant steps in recent years to address problems with the Register. The Operation Tusket report contains 11 recommendations aimed at remedying the problems that have occurred, and preventing future errors in the Register. The key recommendations are that:
- the NSWPF ensures the Child Protection Registry has sufficient staff;
- the NSW Law Reform Commission completes a comprehensive review of the Child Protection (Offenders Registration) Act 2000 within six months; and
- an independent body be given the role of conducting audits of the Register.
The Operation Tusket report and fact sheets can be found on the Commission website.
Operation Trieste was an investigation into whether two NSWPF officers engaged in serious misconduct during a traffic stop of two women (Ms Y) and (Mrs R) on 20 April 2019. The Commission found that both officers engaged in serious misconduct during the relevant traffic stop in that they breached s 7 of the Police Act 1990, breached the NSWPF Code of Conduct and Ethics and breached the provisions of the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) and should be considered for disciplinary action. Footage of the incident from NSWPF body worn video is available on the Commission website with the report.
Operation Asinara was an investigation by the Police Integrity Commission (PIC) into the conduct of a sergeant at a country police station (Officer 1) regarding an alleged ‘tip off’ to a suspect before the execution of a search warrant, and allegations of possible historical involvement in drug supply by the officer. The Law Enforcement Conduct Commission took over the investigation when the PIC was abolished in July 2017.
Evidence obtained by the PIC during the course of the investigation did not support the original allegations however it did reveal that Officer 1 appeared to have been involved in the making of false statements in statutory declarations on two occasions. The Commission forwarded an advisory brief of evidence to the NSW Director of Public Prosecutions (DPP), and Officer 1 was subsequently prosecuted for two offences of making a false document pursuant to s 253(b)(iii) of the Crimes Act 1900. Proceedings against Officer 1 commenced in the Local Court on 8 March 2018, and after a defended hearing, both charges were dismissed on 13 February 2019. Notwithstanding the dismissal of the charges, the Commission is of the opinion that Officer 1 has engaged in serious police misconduct and should be considered for disciplinary action.
Operation Taupo was an investigation into whether a NSWPF officer was providing confidential information, including criminal history checks, to the president of an outlaw motorcycle gang (OMCG) and was receiving payments for providing such information. Following initial information gathering, the Commission’s investigation focussed on whether the police officer made unauthorised COPS database accesses, had undeclared associations with OMCG members, made a decision to not issue a traffic infringement notice for an illegal U-turn after discovering that the offender was a family friend, obtained inspection reports for the registration of two of his motor vehicles without them being physically inspected, and failed to declare secondary employment.
The Commission found only one count of serious misconduct relating to the inspection reports for the registration of two motor vehicles and has advised the NSWPF that disciplinary action under s 173 of the Police Act 1990 should be considered.
Operation Mindo was an investigation into whether a NSWPF officer, Officer A, was involved in migration fraud through his migration business, and whether he was falsifying residency and visa records. The evidence obtained during the investigation did not support any findings of serious misconduct against Officer A.
The operation reports listed above can be found on the Commission website here. The Commission also furnished its Annual Report 2018-19 to Parliament today and that report can be found on the website here.
The Law Enforcement Conduct Commission is an independent statutory body. The principal functions of the Commission are to detect, investigate and expose serious misconduct and serious maladministration within the NSW Police Force and the NSW Crime Commission.
The Commission is separate from and completely independent of the NSW Police Force and NSW Crime Commission.