Introduction

The Law Enforcement Conduct Commission, also known as the LECC, operates as an independent watchdog in New South Wales. Established in 2017, the LECC provides oversight for the NSW Police Force and the NSW Crime Commission, ensuring accountability within these law enforcement agencies. The commission’s role includes monitoring the way complaints about the NSW Police Force and NSW Crime Commission are handled, and investigating allegations of misconduct and maladministration.

The LECC aims to prevent, detect, and investigate misconduct within NSW law enforcement. This guide will explain the functions of the LECC, the types of misconduct and maladministration it addresses, and how it reviews the conduct of the NSW Police and NSW Crime Commission. Understanding the LECC is important for anyone who wants to make a complaint about the conduct of NSW police or NSW Crime Commission officers.

What is the Law Enforcement Conduct Commission (LECC)?

Establishment and Independence of the LECC

The Law Enforcement Conduct Commission (LECC) is an independent watchdog that investigates allegations about the NSW Police Force and the NSW Crime Commission. It is also referred to as the LECC. Established in 2017, the LECC replaced the Police Integrity Commission and the Police Compliance Branch of the NSW Ombudsman. The LECC operates independently of the NSW Police Force and NSW Crime Commission. The Law Enforcement Conduct Commission Act 2016 (NSW) governs its powers and functions.

LECC’s Investigative and Oversight Roles

The LECC has two primary functions. Firstly, it investigates serious misconduct and maladministration within NSW law enforcement agencies, specifically the NSW Police Force and the NSW Crime Commission. Secondly, the LECC provides oversight on how the NSW Police Force and NSW Crime Commission handle complaints. The aim of the LECC is to prevent, detect, and investigate misconduct to ensure accountability within NSW law enforcement. To achieve its functions, the LECC has two distinct divisions: Oversight and Integrity. The Integrity division investigates serious misconduct and maladministration, while the Oversight division monitors and reviews how the NSW Police Force and the NSW Crime Commission handle complaints in real-time. This may include observing interviews or requesting reports.

Furthermore, the LECC monitors the investigation of critical incidents, which is when an incident involving a NSW police officer results in the death or serious injury of a person. They monitor police investigation by attending the scene of the incident (where possible), reviewing investigation documents, and speaking regularly to investigators, while potentially providing suggestions if appropriate. The LECC will likely stop monitoring an investigation when the death and/or serious injury appears to be unrelated to police actions.

Types of Misconduct and Maladministration Investigated by the LECC

Serious Misconduct Defined

The LECC is concerned with serious misconduct within NSW law enforcement agencies. Serious misconduct involves actions by a NSW Police Force or NSW Crime Commission officer that could lead to prosecution for a serious offence, which is one punishable by imprisonment of five years or more. It also includes conduct that could result in serious disciplinary action, such as termination of employment, demotion, or reduction in rank or pay. Complaints about this conduct are thus considered “notifiable complaints” since they must be reported to the LECC.

Examples of what may be considered serious misconduct include:

Corruption	This could involve soliciting or accepting bribes.
Abuse of power	This may include actions that are unlawful or corrupt.
Perverting the course of justice	Examples of this are planting evidence or interfering with a brief of evidence.
Serious assaults	These are physical attacks that cause significant harm.
Improper disclosure of information	This includes releasing confidential police information to criminals.
Involvement with criminal activities	This could involve associating with criminals or involvement in criminal organisations.
Drug-related offences	This includes the supply, manufacture or cultivation of prohibited drugs.
Serious fraud	This involves dishonest activities intended to gain an unfair advantage or financial benefit.

Consider Operation Denali, where a former NSW Police Sergeant was arrested for accessing thousands of child abuse images. The LECC investigated and referred the matter to the Commonwealth Director of Public Prosecutions, leading to a conviction. This case exemplifies serious misconduct due to the involvement of a police officer in criminal activity and the severity of the offence.

Another example is Operation Kimbla, where a NSW Police Officer was found to have engaged in serious misconduct by mistreating a 15-year-old Aboriginal boy in custody. The officer flicked the boy’s nipple, made demeaning noises, and grabbed the boy’s throat. This incident, captured on CCTV, was deemed disgraceful conduct and highlighted a serious breach of professional standards.

Maladministration Explained

Maladministration is another area that the LECC investigates, and it is a broad term encompassing various forms of improper conduct. It includes conduct that is unlawful or corrupt. Maladministration also extends to actions that, while not necessarily illegal, are considered unreasonable or unjust.

Examples of maladministration include conduct that is:

Unlawful conduct	Actions that contravene existing laws or regulations.
Corrupt conduct	Dishonest or unethical actions, often for personal gain.
Unreasonable conduct	Actions that are irrational, illogical, or not based on sound judgment.
Unjust conduct	Actions that are unfair, inequitable, or morally wrong.
Oppressive or discriminatory	Actions that unfairly burden or disadvantage individuals or groups.
Based on improper motives	Decisions or actions driven by personal biases, grudges, or other inappropriate reasons.
Based on irrelevant factors	Decisions made by considering information that should not influence the outcome.

Operation Tusket, an LECC investigation, looked into the NSW Police Force’s administration of the NSW Child Protection Register. While details of specific maladministration are not provided, the investigation itself suggests concerns about how the police force managed a critical administrative function related to child protection, indicating potential systemic maladministration. This type of investigation aims to identify and rectify broader issues within police practices and procedures, ensuring they are lawful, reasonable, and just.

How to Make a Complaint to the LECC

Complaint Submission Process

Any person can make a complaint to the Law Enforcement Conduct Commission (LECC) about the conduct of a police officer or NSW Crime Commission officer. To lodge a complaint, you can visit the LECC website and complete the complaint form. The LECC is responsible for receiving complaints about the conduct of NSW Police Force and NSW Crime Commission officers and administrative employees involving misconduct or maladministration.

What Happens After a Complaint is Made

Once a complaint is submitted to the LECC, it will be assessed to determine the next course of action. The LECC carefully reviews all complaints and information received. After assessment, the LECC may decide to take one of several actions:

• Refer the complaint to the NSW Police Force or NSW Crime Commission to be dealt with internally. It is common for complaints to be initially referred to these agencies.
• Request that the NSW Police Force or NSW Crime Commission conduct further inquiries or an investigation into the matter. The LECC may oversee the agency’s investigation and review their final report.
• Conduct its own preliminary inquiries or undertake a full investigation. The LECC has the power to conduct its own investigations into serious misconduct and maladministration.
• Take no further action.

The LECC’s primary role involves ensuring that the NSW Police Force and the NSW Crime Commission appropriately handle misconduct complaints. 

LECC’s Investigation Powers and Process

LECC’s Investigative Powers

During its investigations, the LECC possesses significant powers to ensure thorough and objective inquiries into misconduct allegations about the NSW Police Force and NSW Crime Commission. These powers enable the LECC to effectively investigate serious misconduct and maladministration within NSW law enforcement.

The LECC’s investigative powers include the ability to:

Request information	The LECC can formally request individuals to provide information relevant to an investigation.
Compel witness statements	The commission can compel witnesses to prepare and produce statements of information and any specified documents.
Enter premises	To gather evidence, the LECC has the power to enter premises related to an investigation, such as police stations.
Hold hearings	The LECC can conduct hearings, which may be public, private, or a combination of both, depending on public interest considerations.
Issue summons	The commission is authorised to issue summons, compelling individuals to appear as witnesses and give evidence.
Issue search warrants	To obtain necessary evidence, the LECC can issue search warrants.
Issue surveillance device warrants	The LECC also has the power to issue surveillance device warrants as part of its investigative toolkit.

Hearings and Witness Testimony

Hearings conducted by the LECC can be public, private, or a mixture of both, with the decision based on public interest. The Commissioner determines the nature of the hearing.

Witness testimony is a critical aspect of LECC hearings. If a person is summonsed to give evidence, they are legally required to attend and provide evidence, whether by answering questions or producing documents. Witnesses are examined and cross-examined by the Commissioner or a designated person conducting the hearing, and they are required to provide truthful information.

Failure to comply with a summons or providing false information to the LECC can result in serious penalties. Offences include:

Failure to comply with a summons	This can lead to a maximum penalty of a fine and/or imprisonment.
Failure to provide documents or things	Not providing requested documents can also result in a fine and/or imprisonment.
Giving false or misleading evidence	Providing false or misleading evidence at a LECC hearing is an offence.

Limitations and What the LECC Cannot Do

LECC’s Recommendations and Lack of Prosecutorial Power

The LECC operates as an oversight body with specific boundaries to its authority. It is important to understand that the commission’s role is primarily to investigate and recommend actions, rather than to directly enforce them. The LECC’s powers are focused on uncovering misconduct and maladministration, but it cannot itself prosecute individuals or impose disciplinary measures on NSW Police Force or NSW Crime Commission officers. The LECC also cannot act for particular individuals, offer legal advice, or investigate complaints about other law enforcement agencies (like ones in another state),

Instead, following an investigation, the LECC can make recommendations to the relevant authorities regarding potential prosecutions or disciplinary actions. These recommendations are then considered by the NSW Police Force, the NSW Crime Commission, or other appropriate bodies who have the power to implement disciplinary actions or commence prosecutions if warranted. The LECC’s influence lies in its ability to bring serious matters to light and recommend appropriate responses, thereby ensuring accountability within NSW law enforcement.

Resource Limitations and Complaint Selection

Despite its crucial role, the LECC faces limitations in its resources, which affects its capacity to address all complaints it receives. The commission has experienced budget constraints, including significant cuts, which have impacted its operational capabilities. Due to these resource limitations, the LECC cannot investigate every complaint that is lodged.

In fact, it was reported in 2019 that the LECC was only able to fully investigate a small percentage of the complaints it initially assessed. This necessitates a selection process where the LECC must prioritise cases, often focusing on the most serious allegations of misconduct and maladministration. This means that while the LECC strives to provide thorough and objective oversight, resource limitations mean it must be selective in the matters it can fully pursue.

Conclusion

The LECC plays a crucial role in New South Wales as an independent oversight body for the NSW Police Force and the NSW Crime Commission. Established in 2017, the LECC is dedicated to preventing, detecting, and investigating misconduct and maladministration within NSW law enforcement. While the LECC possesses significant powers to conduct investigations and ensure accountability, it is essential to recognise its limitations, including its inability to directly prosecute or enforce disciplinary actions. Understanding the functions, powers, and limitations of the LECC is vital for anyone considering making a complaint about police conduct in NSW.

If you have concerns about the conduct of the NSW Police Force or the NSW Crime Commission, it is important to understand your rights and the processes available for making a complaint. Contact Daoud Legal today to book a consultation and receive expert advice and guidance on navigating the complexities of complaints against law enforcement and ensuring accountability.

Frequently Asked Questions about Complaining to the LECC