Ever experienced serious police misconduct? You need to read this. 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, you need to understand what the LECC can 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.
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.
- A LECC complaint can help expose wrongdoing but it does not itself award you compensation.
- If you’ve suffered harm (injury, false arrest, reputational damage), you may also need a civil claim against the State of NSW.
Our firm are award‑winning specialists with over 20 years’ experience with these types of cases. We have a stellar, proven track record of holding NSW Police and other state authorities to account.
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.
In simple terms, the LECC:
- Holds NSW Police and the NSW Crime Commission to account for serious misconduct.
- Ensures complaints about police are handled properly and not just “swept under the carpet.”
- Identifies and helps fix systemic problems in policing practices, policies and complaint handling.
Your rights in the oversight system
As a citizen, 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. For example, a police officer can detain, search, use force and lay criminal charges.
Independent oversight balances those powers with public accountability, particularly for vulnerable groups who historically have experienced over‑policing, such as Aboriginal and Torres Strait Islander communities.
The LECC’s legal framework
Its powers come mainly from the Law Enforcement Conduct Commission Act 2016 (NSW) and related guidelines agreed with NSW Police.
Under that Act, the LECC’s 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, serious misconduct might include:
- Assaulting a person in custody.
- Fabricating or tampering with evidence.
- Dishonest or corrupt associations.
- Serious abuse of arrest, search, or strip‑search powers.
How to make a complaint
Under the LECC Act:
- Complaints must generally be in writing. If you need assistance writing, LECC staff can help you.
- 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.
If you find yourself 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.
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.
Frequently Asked Questions
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.
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. In systemic or major matters, LECC may publish public reports.
Can LECC punish police officers?
No. LECC can recommend disciplinary or criminal action and refer matters to the Director of Public Prosecutions or NSW Police. It doesn’t impose criminal sentences, but its investigations can lead to officers being charged, disciplined or removed.
How O’Brien Solicitors Can Assist
If you believe you’ve been mistreated by NSW Police or the NSW Crime Commission, get in touch. Our firm has a proven track record protecting clients across Australia in cases of police misconduct.
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