Understand what you can report
In NSW, the NSW Police Force and NSW Crime Commission are primarily responsible for investigating complaints involving their employees. This enables the LECC to focus its attention and efforts on the more serious cases of misconduct and maladministration in these two agencies.
Serious misconduct is defined as conduct that could result in prosecution for a serious offence (an offence punishable by imprisonment for life or for a term of 5 years or more) or serious disciplinary action (e.g. termination of employment) or a pattern of conduct indicating systemic issues or corrupt conduct.
As a general guide, this could include indications that NSW Police Force or NSW Crime Commission officers or employees have been, or are, involved in:
- soliciting or accepting bribes
- perverting the course of justice (for example by planting evidence at a crime scene or interfering with a brief of evidence)
- serious assaults
- releasing confidential police information to criminals
- improperly interfering in police investigations
- improper relationships with criminals
- manufacturing, cultivating or supplying prohibited drugs
- crimes attracting a minimum of five years imprisonment (for example, serious fraud)
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.
This could be agency or officer maladministration:
- Agency maladministration is conduct by NSW Police Force or NSW Crime Commission officers that is unlawful or that, although not unlawful, is procedurally unfair or that is engaged in accordance with a law or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory
- Officer maladministration is conduct by a NSW Police Force officer, administrative employee or a NSW Crime Commission officer that, although not unlawful, is of a kind that is procedurally unfair
As an independent agency, the LECC has discretion in deciding the cases it will oversight or investigate and not all allegations will be handled by the LECC.
This means that your complaint may be referred to the NSW Police Force or NSW Crime Commission for appropriate action. The LECC can then oversight the investigation taken by the NSW Police Force or NSW Crime Commission into misconduct matters if it chooses.