“An illusory power”

The LECC Act lets the Commission watch police interviews of officers involved in a death or serious injury, but only with the consent of the officer and of the senior critical incident investigator (s 114(3)(c)). The Commission said in its 2017-18 annual report (p 16) that the power was illusory, and in 2018-19 that it "appears to be an illusory power" (p 42); it repeated the point in later reports. In 2024 the parliamentary committee recorded that "all NSWPF interviewees have declined consent for the LECC to be present at their interviews", reportedly on the advice of the Police Association (Committee Report 1/58, August 2024, para 1.25). Regulator Review found no amendment to the provision as at October 2026.