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Regulators

Law Enforcement Conduct Commission

The NSW police watchdog grew. Its own investigations shrank.

D

Overall grade

Hemmed in by its Act, but its own investigations have shrunk as its resources grew, it sets no standard for complainants, and its reports leave out things the Act requires.

If you complain about a NSW police officer, the Law Enforcement Conduct Commission is the independent body you are told to go to. Set up in 2017 to replace the Police Integrity Commission, its job under the Law Enforcement Conduct Commission Act 2016 is "the independent detection, investigation and exposure of serious misconduct" in the NSW Police Force, and oversight of the far larger number of complaints that police investigate themselves.

It is not a regulator in the licensing sense. It cannot discipline or sack an officer, and it rarely lays charges itself. It investigates, watches over police investigations, reports, recommends and sends briefs of evidence to the Director of Public Prosecutions.

Fewer investigations, more staff

In 2018-19 the Commission completed 104 investigations of its own, counting preliminary enquiries, preliminary investigations and full investigations. In 2023-24 it completed 28, and in 2024-25, 35. Over the same years its staff rose from 108.60 to 131 and its expenses from $23.2 million to $27.8 million, before inflation.

In its first year the Commission said it was "constrained by a budget that does not allow us to take on all the investigations we would like". In Regulator Review's assessment, that explanation no longer fits. Its 2022-23 budget bid was approved in full, ten new positions followed, and every proposal it made for 2025-26 was funded. Its accounts record spending on staff below budget, because of vacancies, in every year from 2020-21 to 2024-25. Its annual reports do not explain the fall in investigations.

Its 2024-25 report states: "There were no prosecutions in 2024-25 arising from Commission investigations." It served no court attendance notices that year or the year before. It did refer two investigations to the Director of Public Prosecutions in 2024-25; whether to prosecute is the Director's decision.

Most complaints go back to the police

Complaints assessed rose about two and a half times between 2017-18 and 2024-25. The Commission received 7,607 complaints in 2024-25. It says that "in most instances" complaints are referred to the police for their management. Its annual reports do not say how many.

It sets no service targets. None of its eight annual reports contains a target for how quickly it will assess a complaint, finish an investigation or review a police investigation. It publishes no measure of what complainants think of it. Average assessment time was 38 days in 2022-23 and 54 days in 2023-24, which the Commission called "a significant increase". For 2024-25 it reported 40 days, on a different measure.

The Inspector of the LECC, who examines complaints about the Commission, has upheld none. But the Inspector has recorded, in a relatively small number of cases, "what appeared to be legitimate concerns" about complainants not being kept informed, delays and inadequate reasons, particularly when the Commission took no action or sent a complaint back to police. In 2024-25 half the complaints the Inspector received included a complaint that the Commission did not investigate. The Inspector cannot change those decisions, and the Commission publishes no way for a complainant to ask it to reconsider.

A watchdog that has to ask

Much of what limits the Commission is in its Act. If it thinks a police investigation was not done properly, it can only request another; the Commissioner of Police "may, but is not obliged to," agree. Over six years it made 124 such requests. Police reinvestigated 45 times.

When police kill or seriously injure someone, police investigate. The Commission monitors. It may sit in on interviews of the officers involved only if they and the senior police investigator consent, and the Commission has reported that every officer asked has refused. Apart from a narrow exception, it must wait until the police investigation ends before deciding whether to investigate misconduct itself. That is why, when 95-year-old Clare Nowland was tasered in Cooma in 2023, it said it could not then investigate. The officer was later convicted of manslaughter.

In 2023 police began refusing the Commission material on critical incidents. The Court of Appeal upheld the Commission's position in 2024, but a parliamentary committee reported in 2025 that access problems continued and recommended the Government consider amending the law.

What it has changed

In Regulator Review's assessment, the Commission's systemic work is its strongest. Several pieces changed practice: its work on the Suspect Targeting Management Plan, which police stopped using on young people in late 2023, its push for mandatory body-worn cameras, and parts of its strip search inquiry. It has also reviewed police handling of domestic violence by officers and of failed prosecutions.

Its public register now lists 299 recommendations. On 11 October 2026 police had fully supported 143, supported 48 in principle and 12 in part, and not supported 57. Thirty-one were awaiting a police response and eight were waiting on advice from another agency. One hundred and three were recorded as implemented.

Its biggest current case is Operation Makalu, into the policing of the Sydney Town Hall protest of 9 February 2026, which drew more complaints than anything in its history. It opens in public on 19 October 2026, followed by about five weeks of private examinations; public examinations of senior officers are to follow.

Reporting

The Commission's Act lists what its annual reports must include. Apart from one figure in 2018-19 that appears to measure something else, they have not given the average time taken to deal with misconduct matters, and no year since its first counts the disciplinary action that followed its investigations. Its 2024-25 report says it finalised the review of 2,411 police investigations; a table a page later gives 1,562. The way it counts complaints has changed twice in four years.

The grade

Regulator Review's proposed grade is D. The Commission is hemmed in by a statute that leaves police to investigate themselves and lets them say no, and it has fought that in court and in Parliament. But the part of the job it controls most, investigating serious misconduct itself, has shrunk as its resources grew, it sets no standard for the people who complain to it, and its reports leave out things its own Act requires.

The full analysis and sources are in the accompanying report.

How we graded it

Criterion Grade Why
Doing the core job D Its own investigations completed fell from 104 to 35 a year while staff and funding rose; no prosecutions arose from its work in 2024-25; review of police investigations continues at volume
Service to the people it is there for D No service standards, targets or satisfaction measure; the Inspector recorded what appeared to be legitimate complainant concerns in several years; no published way to ask for a decision to be reviewed
Willingness to use its powers C Search warrants and s 105 review requests rose and it litigated access successfully; s 104 requests, s 99(3) requirements and private examinations are below earlier peaks; public examinations are rare
Systemic impact C Substantial systemic reports with some uptake (STMP, body-worn video, parts of the strip search inquiry), but police fully support fewer than half its recommendations
Transparency about itself D Statutory reporting items missing, headline figures that contradict its tables, a redefined headline count, dropped measures; offset by the recommendations register and published part costs
Accountability C Inspector, Committee and courts all operate; one set of findings revisited; 2019 spending breach; no merits review for complainants; key limits lie in the Act and are noted as such

Blog

  1. “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…

  2. Two and a half years for a police report on a death

    When police are involved in a death or serious injury, NSWPF investigates and later writes a Critical Incident Investigation Report. In 2024-25 those reports reached the Commission "an average of 2 years and 6 months" after the incident, and 11 months after any court case had ended. Thirteen…

  3. Audited at its Minister’s request

    In November 2018 the Police Minister asked the Auditor-General to examine Commission spending on overseas travel. The Auditor-General found the Commission "did not comply with s. 12A" of the Public Finance and Audit Act: the Minister had declined approval and the Commission spent $8,074.66…

  4. The gin, and a 20-month gap

    Operation Askern examined former Police Commissioner Karen Webb in connection with 50 bottles of "Commissioner's Gin". The Commission gave a private report in August 2024, saying the evidence did not support a finding of serious misconduct; that report was subject to a non-publication order. On…

  5. What the recommendations register shows

    Since March 2025 the Commission has published its recommendations to police as a Power BI dashboard. Regulator Review found no download option. Applying its own filters on 11 October 2026 gave: 299 recommendations; 143 supported, 48 supported in principle, 12 partially supported, 57 not…

  6. Most of the cost is not shown by function

    The Act requires the annual report to show the separate cost of the Commission's three operating parts: its own investigations (Part 6), oversight of police investigations (Part 7) and critical incident monitoring (Part 8). In 2024-25 these were $9,854,516, $2,107,045 and $771,260 (AR 2024-25 p…

  7. Website loose ends

    On 11 October 2026 the Commission's website had five empty pages in its "what we do" and complaints sections, links to non-public staging hosts, and a strategic plan page still showing the 2023-2026 plan while another page linked the 2026-2029 plan. Its operational "snapshot" reports stop at…

  8. Turmoil at the top

    In 2019-20 the Commission's two senior office holders fell out. An Inspector special report dealt with a complaint by the Commissioner for Oversight against the Chief Commissioner. The Commissioner for Oversight's appointment was terminated in January 2020 and the Chief Commissioner's term ended…

Sources

Sources will be listed here.