(NSW) Ensure the LECC Has the Power to Access NSWPF Documents

Kirsty Umback, Urszula Nowak, Charlie Byrne & Alex Faehrmann
3 days ago
8 min read

Author: Kirsty Umback, Urszula Nowak, Charlie Byrne & Alex Faehrmann | Publish date: 23/7/2026

P: In NSW, the Law Enforcement Conduct Commission (LECC) does not have full access to the records of the NSW Police Force (NSWPF).
S: The NSW Special Minister of State should amend the Law Enforcement Conduct Commission Act 2016 (NSW) to grant the LECC the right to access information in the same terms as the LECC Inspector laid out in Section 124(2) to prevent the NSWPF from denying information requests.
E: LECC: ‘the LECC Act should be amended so that the Commission’s right of access to information held by law enforcement agencies is in the same terms as s 124(2).’

Problem Identification:

Section 124(2) of the Law Enforcement Conduct Commission Act 2016 (NSW) (LECC Act) entitles the Inspector of the LECC to ‘full access to the records of the Commission [LECC] and to take or have copies made of any of them.’ However, 'at present, there is no [similar] single legal provision that enables the LECC to access all the NSWPF documents’.

According to the 2024 Parliamentary Committee on the LECC, this means that the LECC cannot always obtain the documents ‘it requires to carry out its functions.’ The Committee explained that the NSWPF has been able to interpret the LECC Act ‘to challenge the LECC's powers to access particular documents when exercising its oversight functions.’

Context:

The role of the LECC is to investigate complaints of misconduct against the NSWPF and NSW Crime Commission and provide ‘independent oversight and review’. In contrast, the role of the LECC Inspector is to conduct oversight of the LECC itself.

For the LECC to fulfil its investigatory role, the LECC ‘assemble[s] evidence’ gathered from law enforcement agencies. Evidence may include ‘a sound recording or transcript of an intercepted telephone conversation or report of an audit of officer access to police information systems.’ However, the Justice and Equity Centre (JEC), noted that because of the ‘major gap[s]’ in the Commission’s powers, the LECC ‘can only ask politely, and hope police cooperate.’

Arguments:

Redfern Legal Centre noted that because of the LECC’s lack of clear and comprehensive powers to obtain NSWPF information, ‘many potential misconduct matters will go undetected and undeterred.’ The Police Accountability Project explained that the structural constraint on information access ‘restricts the LECC’s ability to investigate the competence and rigour of internal police investigations’. LECC Chief Commissioner, the Honourable Peter Johnson, highlighted these barriers in the case of the LECC investigation into the 2023 death of Krista Kach. He stated that ‘there is a report of the ballistics review … which the Commission knows exists, but which the police [believe] we are not entitled to see … at present, there has been a refusal to provide that document.’ The Hon. Johnson stated that because of constrained information access in cases of suspected misconduct, ‘the current situation is we can’t investigate at all.’

The NSWPF argued that broader information-sharing obligations risk disclosing confidential information. However, the LECC stated that extending access to all LECC officers would not infringe public interest immunity. The LECC outlined that this is because ‘all officers of the Commission are under strict statutory obligations to protect the confidentiality of information provided’. Further, the Commissioner reinforced that ‘there has been no disclosure [from] the Commission of [confidential information relating to public interest disclosure] since the Commission commenced its function of monitoring critical incident investigations’.

Advice/Solution Identification:

The LECC has called for amending the LECC Act to prevent the NSWPF from denying information requests. The JEC stated that such reforms ‘will strengthen the LECC’s oversight role, improve transparency, and deliver better community outcomes.’ Further, the Hon. Johnson stated that ‘[by guaranteeing] a ready flow of the information to the Commission’, ‘the community would have greater confidence in the police, and the Commission’.

Precedent:

There is domestic and international precedent for expanding the information access powers of police oversight bodies. In VIC, the Independent Broad-based Anti-corruption Commission has the power to compel VIC Police to present documents. In Northern Ireland, staff of the Police Ombudsman also hold the power to access police records for oversight purposes.

Public Support:

Broad Support:

O’Brien Criminal and Civil Solicitors - They critiqued that the LECC ‘only allow[s] police, not the LECC, to investigate other police in “critical incident” investigations.’ However, they have not explicitly called for legislative change.
Redfern Legal Centre - They have called for ensuring that ‘the NSWPF [is] not … responsible for investigating their own misconduct.’ However, they have not explicitly called for legislative change.
Sydney Criminal Lawyers - They have criticised the gaps in the powers of the LECC, characterising it as having ‘no teeth’. However, they have not explicitly called for legislative change.
Aboriginal Legal Service (NSW/ACT) - They have supported greater LECC oversight over NSWPF investigations to ensure ‘stronger accountability for police who misuse their powers’. They have also previously supported legislative changes recommended by the LECC. However, they have not explicitly called for this legislative change.
Police Accountability Project - They have argued that there are ‘serious limitations on the LECC’s investigative powers.’ However, they have not explicitly called for legislative change.

This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.

News Coverage:

The Guardian - “NSW police fight to keep key documents from watchdog regarding death of woman shot with bean bag round”. The article discussed an incident where the NSWPF denied the LECC access to evidence during the LECC’s investigation of a 2023 critical incident involving police. By: Jordyn Beazley and AAP | Sat 11 May 2024. Read the article here.
The Sydney Morning Herald - “Police must be open to more independent scrutiny”. This editorial critiqued the NSWPF after the publication of the LECC Annual Report 2023-2024. By: The Sydney Morning Herald Editorial | Mon 18 Dec 2023 - Read the article here.
National Indigenous Times - “Closing the Gap targets would lead to ‘competing duties’: NSW Police Commissioner”. An overview of the LECC’s 2023 Report to the NSW Parliament, which recommended that the NSWPF publish a Closing the Gap delivery plan. By: Dechlan Brennan | Wed 25 Oct 2023. Read the article here.
The Guardian - “NSW police watchdog routinely denied access to internal officer interviews, report finds”. The article detailed information from the 2023 LECC Annual Report with a focus on the LECC’s lack of access to officer interviews. By: Tamsin Rose | Mon 23 Oct 2023 - Read the article here.
The Guardian - “NSW police watchdog waiting nearly a month on average to access body-worn camera footage”. The article addressed forced delays to LECC investigations of critical incidents involving police. By: Tamsin Rose | Sun 1 Oct 2023 - Read the article here.

Where to go to learn more:

(2025) LECC Annual Report 2024-2025 | Law Enforcement Conduct Commission - This report highlighted areas of concern for the operations of the Commission. It also provided the recommendation that the LECC’s power be expanded in the same terms as s124(2) of the LECC Act. View their 2025 annual report here.
(2024) LECC Annual Report 2023-2024 | Law Enforcement Conduct Commission - This earlier report also provided recommendations about the limitations of the LECC’s access to documents with a specific focus on the barriers to NSWPF document access, highlighting anonymised case studies where the police denied access to key material including critical incident documents. View their 2024 annual report here.
(2017) Why the NSW Law Enforcement Conduct Commission is no model for Victoria | Police Accountability Project - This analysis conducted by the Police Accountability Project analysed the main shortcomings of the LECC Act and recommended that this model should not be transferable to other Australian jurisdictions. Read the analysis here.
Law Enforcement Conduct Commission Act 2016 (NSW) - The Act, which this brief proposes to modify. Section 124(2) establishes the powers of the Inspector of the LECC, including the right to information held by law enforcement agencies. Read the full Act here.

Human Perspective:

When walking by a protest in Sydney, James was injured while the NSWPF was implementing a move-on order. After the incident received some attention on social media, James decided to submit a report to the LECC. He was informed that the LECC were going to pursue an investigation. However, as the months went by, James became increasingly frustrated as no progress seemed to be taking place. He submitted a follow-up enquiry with the LECC to see the progress of the investigation but was informed that the LECC were waiting on the incident report details from the NSWPF. He wondered why the NSWPF were withholding this information; what could they have to hide? He also felt that the initial trauma of the incident was exacerbated by the wait. Throughout this time, James lost trust in the NSWPF. He believed that if the LECC had received the evidence earlier, they could have provided James with an outcome in a timely manner. Additionally, he thought this would have made him more comfortable engaging with police in the future.

To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.

Conflict of interest/acknowledgment statement:

N/A.

Support

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Disclaimers

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Reference list:

Byrne, N. (2023, December 18). Police watchdog only investigated 1% of complaints made against officers. O’Brien Criminal & Civil Solicitors. https://obriensolicitors.com.au/police-watchdog-investigated-officers/

Caulfield, L. (2017, June). Why the NSW Law Enforcement Conduct Commission is no model for Victoria. Police Accountability Project. https://policeaccountability.org.au/independent-investigations/why-the-nsw-law-enforcement-conduct-commission-is-no-model-for-victoria/

Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission. (2025). 2024 review of annual and other reports of oversighted agencies (Report No. 3/58). Parliament of New South Wales. https://www.parliament.nsw.gov.au/ladocs/inquiries/3070/2024%20review%20of%20annual%20and%20other%20reports%20of%20oversighted%20agencies.pdf#page=6

Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission. (2025). Report on proceedings before: 2024 review of annual and other reports of oversighted agencies. Parliament of New South Wales. https://files.parliament.nsw.gov.au/fileapi/ParlFiles/GetArtifact?serverRelativeUrl=%2Fladocs%2Ftranscripts%2F3479%2FTranscript+of+evidence+-+2024+review+of+annual+and+other+reports+of+oversighted+agencies.pdf

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Law Enforcement Conduct Commission. (n.d.). Frequently asked questions. NSW Government. https://www.oilecc.nsw.gov.au/frequently-asked-questions

Law Enforcement Conduct Commission. (2019, June 18). Review of 29 NSW Police Force critical incident investigations report [Media release]. NSW Government. https://www.lecc.nsw.gov.au/news/lecc-report-into-nsw-police-force-critical-incidents

Law Enforcement Conduct Commission. (2023). Five years (2017 – 2022) of independent monitoring of NSW Police Force critical incident investigations. https://www.lecc.nsw.gov.au/news-and-publications/publications/five-years-of-independent-monitoring-of-nsw-police-force-critical-incident-investigations.pdf/@@download/file

Law Enforcement Conduct Commission. (2024). Joint NSWPF and LECC Protocol on the provision disclosure and use of documents and information in critical incident monitoring. https://www.lecc.nsw.gov.au/pdf-files/about-us-nswpf/joint-nswpf-and-lecc-protocol-on-the-provision-disclosure-and-use-of-documents-and-information-in-critical-incident-monitoring.pdf

Law Enforcement Conduct Commission. (2025). Annual report 2024-25. https://www.lecc.nsw.gov.au/publications/annual-reports/lecc-annual-report-2024-25

Law Enforcement Conduct Commission Act 2016 (NSW). https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2016-061#sec.3

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Redfern Legal Centre. (2018, March 15). Capacity concerns about NSW Police oversight body. https://rlc.org.au/news-and-media/news/capacity-concerns-about-nsw-police-oversight-body

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Torre, G. (2024, June 26). Law Enforcement Conduct Commission investigated just seven out of 245 complaints made by Aboriginal people against NSW Police, report reveals. National Indigenous Times. https://nit.com.au/26-06-2024/12201/lecc-complaints

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