The state’s police watchdog wants extra powers. The NSW government has other ideas
The Minns government is refusing to amend laws that would give the state’s police watchdog stronger powers to access crucial NSW Police documents as the independent body investigates a string of high-profile cases, including allegations of improper promotion practices among the state’s most senior officers.
The Law Enforcement Conduct Commission – the oversight body tasked with investigating serious misconduct allegations within the police force – has been publicly pushing for legislation to be strengthened to give it a “clear statutory entitlement” to access the information it needs to conduct investigations.
At the same time, it has abruptly cancelled the public examinations, codenamed Operation Merkur, into allegations of improper promotion practices among senior officers while also indefinitely pausing its probe, Operation Makalu, into police actions during Israeli President Isaac Herzog’s Sydney visit.
A record 800-plus complaints were lodged over the way NSW Police handled Sydney’s anti-Herzog protests in February and the commission said public examinations would start no earlier than September. On September 15, it said a “range of procedural issues” meant they would not proceed.
The commission has issued warnings that NSW Police can be obstructive and overly defensive in its interactions with the watchdog, which delays investigations into misconduct.
However, despite pleas from the commission as well as a parliamentary inquiry recommending that the legislation be tightened, the state government says it has no intention of making any changes.
A spokesperson for the LECC repeated its calls for legislative change in a statement.
“The commission continues to advocate for amending the Law Enforcement Conduct Commission Act 2016 to provide the commission with a clear statutory entitlement to access information from law enforcement agencies so that the commission can conduct its business without delay.”
The spokesperson said they would not make any further comment about the progress of Operation Makalu or Merkur “at this stage”.
“The public and the media will be updated about the next steps to those operations in due course.”
The government was required to provide a response in August to the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the NSW Crime Commission.
One of two recommendations from that parliamentary inquiry was: “That the NSW Government consider amending the Law Enforcement Conduct Commission Act 2016 to consolidate and clarify the Law Enforcement Conduct Commission’s powers to access NSW Police Force material, including timeframes and types of information.”
The government’s response was that it “noted” the recommendation.
The recommendation followed evidence to the parliament from the LECC chief commissioner Peter Johnson, SC, and LECC inspector Bruce McClintock SC, who said easier access to police documents would “prevent disputes and delays”.
Johnson said there was a “strong argument” that the commission should be entitled to see all the NSW Police Force documents required to complete its work
Tensions between NSW Police and the LECC over the handing over of documents have been long-running. One case made it to the NSW Court of Appeal in 2024, when the police refused to hand over its manual on the use of “less lethal” measures following the death of a woman who was shot by a beanbag round. The court ruled in favour of disclosure.
A spokesperson for Special Minister of State John Graham confirmed there was “currently no proposal from government to change the LECC’s powers”.
“The Law Enforcement Conduct Commission does important work as NSW’s independent police oversight body. The government has engaged with the LECC and other integrity agencies on their budget and operations since coming into government, including establishing budget independence.”
NSW Police Commissioner Mal Lanyon defended the force’s dealings with the independent watchdog, which he said had “significant powers”.
“There is no reluctance, and there’s certainly no inhibition from the NSW Police Force to provide what we’re required to the LECC,” Lanyon said.
“I think the chief commissioner has come out and said that’s the case. The police have been fulsome in what they’ve put forward. There is certainly no reluctance, and the chief commissioner has not raised any issue with me, that they are not being provided the information that we’re required to provide”.
Greens MP and justice spokesperson Sue Higginson said public confidence in law enforcement depended on “integrity, accountability and transparency, and demands an independent watchdog with the powers it needs to investigate police misconduct and critical incidents.”
“Premier Chris Minns has pioneered an extraordinary law and order agenda which has included an unprecedented expansion of police powers, yet he seems to be unwilling to provide the necessary oversight of the police by the independent Law Enforcement Conduct Commission,” she said.
“This is a dangerous situation.”
Under Operation Merkur, the commission is also investigating whether police had disclosed confidential information to others without proper authority, or whether they had engaged in undeclared or unapproved secondary employment.
A review into the police culture released in June described the force’s promotions process as “opaque” and “inconsistent”.
As well as allegations of serious misconduct, the LECC also oversees critical incident investigations, which are launched after serious incidents involving police officers, including in instances of death or serious injury. It is currently overseeing the critical incident investigation into the on-duty death of constable Mia Lay, who was killed when the patrol car she was a passenger in crashed into a tree in Redfern, in Sydney’s inner south, on September 25.
The internal police investigation is examining the actions of Lay’s colleague, constable Brandon Torrisi, who was driving at significant speed under lights and sirens at the time of the crash. The pair was responding to reports of a vehicle theft in nearby Glebe. Torrisi has not been charged over the crash.
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