What Is the Law Enforcement Conduct Commission?
The Law Enforcement Conduct Commission (LECC) is New South Wales’ independent watchdog for serious police and NSW Crime Commission misconduct. If you’ve experienced heavy‑handed policing, been mistreated in custody, or believe officers abused their powers, it’s vital to understand what the LECC does and what it doesn’t do. This fact sheet explains how the LECC works, when to complain, and when you may instead (or also) need to sue the police for compensation through the courts.
Key takeaways
- LECC is an independent body with Royal Commission‑style powers overseeing NSW Police and the NSW Crime Commission.
- It focuses on serious misconduct and maladministration, not every complaint.
- A LECC complaint can help expose wrongdoing – but does not itself award you compensation.
- If you’ve suffered harm (injury, false arrest, reputational damage), you may need a civil claim against the State of NSW.
O’Brien Criminal & Civil Solicitors are award‑winning specialists with over 20 years’ experience, led by accredited specialists in criminal and civil law, with a proven track record holding NSW Police and other authorities to account.
Understanding Your Rights
Why the LECC Exists
The Law Enforcement Conduct Commission was established in 2017 to replace the Police Integrity Commission and parts of the NSW Ombudsman. Its creation followed public concern about police powers, inadequate internal investigations and the need for an independent watchdog with strong investigative powers.
In simple terms, the LECC exists to:
- Hold NSW Police and the NSW Crime Commission to account for serious misconduct.
- Ensure complaints about police are handled properly and not just “swept under the carpet”.
- Identify and help fix systemic problems in policing practices, policies and complaint handling.
Your Rights in the Oversight System
As a member of the public in NSW, you have the right to:
- Complain about police behaviour, including excessive force, misuse of search powers, discrimination, or dishonest evidence.
- Expect that complaints about serious misconduct will be independently assessed by LECC.
- Be treated with respect and without retaliation for making a genuine complaint.
These rights exist because police and other law enforcement bodies have extraordinary powers: to detain, search, use force and lay criminal charges. Independent oversight is meant to balance those powers with public accountability, particularly for vulnerable groups who historically have experienced over‑policing, such as Aboriginal and Torres Strait Islander communities.
What the Law Actually Says
The LECC’s Legal Framework
The LECC’s powers and functions come mainly from the Law Enforcement Conduct Commission Act 2016 (NSW) and related guidelines agreed with NSW Police.
Under that Act, the LECC’s key statutory functions include:
- Detecting, investigating and exposing:
- Serious misconduct by police officers and NSW Crime Commission staff.
- Serious maladministration (serious failures in systems, policies or decision‑making).
- Overseeing and reviewing how NSW Police and the Crime Commission:
- Deal with misconduct investigations.
- Handle critical incidents.
- Assessing systemic issues that might contribute to misconduct or poor complaint handling.
What Counts as “Misconduct” or “Serious Misconduct”?
While definitions are technical, in plain English:
- Misconduct can include breaches of the law, serious breaches of the NSW Police Code of Conduct, corruption, abuse of powers, or conduct showing a serious lack of integrity.
- Serious misconduct usually involves behaviour that could justify criminal charges, serious disciplinary action, or which seriously undermines public confidence, for example:
- Assaulting a person in custody.
- Fabricating or tampering with evidence.
- Dishonest or corrupt associations.
- Serious abuse of arrest, search, or strip‑search powers.
Detailed guidelines between LECC and NSW Police classify certain issues as “notifiable misconduct matters”; these must be reported to LECC, such as criminal or corrupt conduct, improper use of LEPRA powers, or serious maladministration.
How to Make a Complaint
Under the LECC Act:
- Complaints must generally be in writing, but staff can help you put your complaint into writing.
- Complaints can be made online, by post, or through a legal representative.
- You can complain even if you are a prisoner or currently facing charges.
- Anonymous complaints are allowed, though having your contact details can help LECC investigate more effectively.
Remember: the LECC does not award compensation. Its focus is accountability and systemic reform. For financial compensation, you usually need a separate civil claim against the State of NSW.
Real‑World Scenarios
Scenario 1 – Heavy‑Handed Arrest and Strip Search
You’re stopped in a public place, aggressively searched and then strip‑searched at a police station. You’re held for several hours and released without charge.
Police CAN:
- Stop, search and arrest you if LEPRA conditions are met, such as reasonable suspicion you’ve committed an offence.
- Use reasonable force necessary to carry out a lawful arrest or search.
Police CANNOT:
- Strip‑search you without following strict legal safeguards (including necessity and seriousness of the circumstances).
- Use excessive or gratuitous force.
- Detain you for longer than is reasonably necessary for investigation unless lawfully charged or otherwise lawfully held.
In this situation, you might:
- Complain to LECC about misuse of search powers and excessive force.
- Seek legal advice about a civil claim for assault and/or false imprisonment if your detention was unlawful.
Scenario 2 – Charges Without Evidence (Malicious Prosecution)
You’re charged with serious offences based on a complainant’s story that is later withdrawn or exposed as false. Despite exonerating evidence, the case drags on before all charges are dismissed.
Police CAN:
- Lay charges where they honestly and reasonably believe there is sufficient evidence.
- Continue a prosecution while further evidence is gathered, provided it remains reasonably based.
Police CANNOT:
- Pursue charges without reasonable and probable cause.
- Maintain a prosecution with malice, for example, to punish, intimidate or harass you rather than seek justice.
- Ignore clear exculpatory evidence.
Here, there may be grounds to:
- Notify LECC about possible serious misconduct or maladministration in the investigation and charging process.
- Bring a civil claim for malicious prosecution and false imprisonment, seeking compensation for time in custody, reputational harm and economic loss.
Scenario 3 – Internal Complaint “Not Sustained”
You complain directly to NSW Police about an officer’s behaviour. The complaint is “not sustained”, and you’re told nothing more will be done.
Police CAN:
- Investigate complaints internally, particularly less serious matters.
- Make findings based on the available evidence.
Police CANNOT:
- Ignore serious allegations or destroy relevant material.
- Retaliate against you for making a complaint.
You may be able to:
- Ask whether your matter was notified to LECC or is being monitored.
- Make a direct complaint to LECC, especially if you believe the internal investigation was inadequate.
- Seek legal advice about suing the police if you have suffered harm and there is evidence of wrongdoing.
If you believe police misconduct has caused you real harm, complaint mechanisms alone may not be enough. You may need a lawyer to pursue a civil case for compensation.
Call Now: 02 9261 4281 – Free Initial Consultation Available
O’Brien Criminal & Civil Solicitors have a proven track record protecting clients across Australia in wrongful arrest, assault and malicious prosecution claims.
What Authorities Can & Cannot Do
What LECC Can Do
- Receive and assess complaints about NSW Police and NSW Crime Commission officers.
- Decide whether to:
- Investigate itself.
- Refer the matter back to the police for investigation (with or without LECC monitoring or oversight).
- Decline to investigate if the matter is trivial, lacking detail, or better handled elsewhere.
- Use Royal Commission‑type powers to:
- Summon witnesses and documents.
- Enter and inspect police premises.
- Hold public or private hearings.
- Publish reports, make recommendations and highlight systemic issues in policing.
What LECC Cannot Do
- It does not act as your personal lawyer or representative.
- It cannot award compensation or damages – even if it finds serious misconduct.
- It does not investigate every single complaint; many matters are handled internally by NSW Police, with LECC oversight or monitoring.
- It cannot force NSW Police to agree to every recommendation, though failure to act can attract public and political pressure.
Common Misconceptions
- “If I win at LECC, I’ll get compensation.”
– No. LECC findings may support a later civil claim, but they do not themselves provide damages. - “I must complain to LECC before I can sue the police.”
– Not necessarily. You can often proceed directly to a civil claim; strategic advice from a lawyer is crucial. - “Complaining to LECC will affect my criminal case.”
– It can interact with your criminal matter, so always seek legal advice first to protect your position.
FAQs
What exactly is the Law Enforcement Conduct Commission?
The LECC is NSW’s independent watchdog that oversees the conduct of the NSW Police Force and the NSW Crime Commission. It investigates and monitors serious misconduct and maladministration, and oversees how police handle complaints.
Who can make a complaint to LECC?
Anyone can complain, including people directly affected, witnesses, family members, lawyers and prisoners. You don’t need to live in NSW, as long as the conduct relates to NSW Police or the NSW Crime Commission.
Do I have to give my name?
No. Anonymous complaints are possible. However, giving your details often helps LECC properly investigate and allows them to contact you for more information.
How do I lodge a complaint?
You can submit a complaint online via the LECC website, by post or through your legal representative. Complaints generally need to be in writing, but staff can help reduce your story to writing if needed.
What information should I include?
Provide as much detail as you can: dates, times, locations, officer names or numbers, what happened, any witnesses, and any available documents, photos, CCTV or medical records. The more specific, the better.
How long does LECC take to investigate?
Timeframes vary widely. Some matters are quickly assessed and referred back to the police; serious or systemic investigations can take months or longer. If you are considering a civil claim, do not wait for LECC to finish before seeking legal advice, as strict limitation periods apply.
Will I be told the outcome?
LECC usually provides some information about what action (if any) has been taken, although confidentiality and privacy rules may limit the detail. In systemic or major matters, LECC may publish public reports.
Can LECC punish police officers?
LECC can recommend disciplinary or criminal action and refer matters to the Director of Public Prosecutions or NSW Police. It does not itself impose criminal sentences, but its investigations can lead to officers being charged, disciplined or removed.
Practical Action Guide
What to Do if You’ve Experienced Police Misconduct
- Prioritise your safety – if you are in danger or unwell, call 000 or seek urgent medical help.
- Record everything – write down dates, times, locations, names, badge numbers, vehicle numbers and exactly what happened.
- Preserve evidence – keep photos, medical records, damaged clothing, and details of any witnesses. Note potential CCTV locations.
- Get legal advice early – speak to a lawyer experienced in both criminal defence and civil claims against police before making formal statements or complaints.
- Decide, with your lawyer, whether to:
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- Lodge a LECC complaint,
- Pursue a civil claim for compensation, or
- Do both, in a strategic order that protects your interests.
What to Say – Example Phrases
- To police: “I want to speak with a lawyer before answering further questions.”
- To a lawyer: “I believe NSW Police acted unlawfully towards me – I want advice on both complaints and suing for compensation.”
- To LECC (via lawyer): “I wish to lodge a complaint about serious misconduct by NSW Police officers, including excessive force and misuse of powers.”
Keep a folder (digital or hard copy) with all documents, notes and correspondence. This can be vital for both LECC investigations and court proceedings.
Professional Help: How O’Brien Solicitors Can Assist
If you believe you’ve been mistreated by NSW Police or the NSW Crime Commission, you do not have to face the system alone. O’Brien Criminal & Civil Solicitors are award‑winning specialists with over 20 years of experience, led by accredited specialists in criminal and civil law, and have a proven track record protecting clients across Australia in cases of police misconduct.
We can:
- Assess whether a LECC complaint, a civil claim, or both are right for you.
- Gather and preserve critical evidence (body‑worn video, CCTV, medical and psychological reports).
- Represent you in civil proceedings to sue the police for wrongdoing, seeking compensation for false arrest, assault, malicious prosecution and other abuses of power.
Call Now: 02 9261 4281 (Free Initial Consultation Available)
