NSW Police Use Fatal Force: On 8 January 2026, NSW Police declared a critical incident after a man was fatally shot by officers on the Central Coast. The declaration triggers a formal investigation process that will ultimately be reviewed by the Coroner.
This case is a reminder of the serious legal processes that follow when a person dies during a police operation, and of the rights that families have in those circumstances.
What is a “critical incident”? NSW Police Use Fatal Force
Under NSW Police policy, a critical incident is an incident involving a NSW police officer that results in the death or serious injury of a person. This includes deaths arising from police shootings, high-speed pursuits, use of force during arrests, and other police operations.
When a critical incident is declared, a formal investigation is triggered. The investigation is conducted by police officers who were not involved in the incident, typically from the State Crime Command or Professional Standards Command.
The role of the LECC when NSW Police use fatal force
The Law Enforcement Conduct Commission (LECC) monitors all critical incident investigations in NSW. The LECC is an independent statutory body established to investigate and expose misconduct and maladministration within the NSW Police Force and NSW Crime Commission.
By monitoring critical incident investigations, the LECC aims to ensure that the police investigation is competent, thorough and objective. The Commission can be present as an observer during interviews, confer with investigating officers about the conduct of the investigation, request reports on the progress of the investigation, and recommend changes to the way an investigation is being conducted.
If the LECC is not satisfied with the police investigation, it can conduct its own investigation into the matter.
NSW Police Use Fatal Force: The coronial inquest
All deaths arising from police operations must be investigated by a coroner. Under the Coroners Act 2009 (NSW), the Coroner will hold an inquest to determine the identity of the deceased, when and where they died, the manner and cause of death, and whether any systemic issues contributed to the death.
Coronial inquests are public proceedings. Witnesses, including the police officers involved, can be called to give evidence. Families have the right to be represented at the inquest and to ask questions of witnesses.
The Coroner can make recommendations aimed at preventing similar deaths in the future. These recommendations are not binding, but government agencies are expected to respond to them.
Civil claims following police shootings in NSW
In addition to the coronial process, families may have civil claims against NSW Police. These claims can include assault or battery (if the use of force was not lawfully justified), negligence (if systemic failures in training, supervision, or procedures contributed to the death), misfeasance in public office (if officers acted with bad faith or reckless indifference to the harm caused), and claims under the Civil Liability Act 2002 (NSW).
The threshold question in any police shooting case is whether the use of force was lawfully justified. Police officers are entitled to use reasonable force in the execution of their duties, including lethal force in circumstances where it is reasonably necessary to protect life.
However, if the force used was excessive or unreasonable in the circumstances, or if there were systemic failures that led to a situation where lethal force was used unnecessarily, there may be grounds for a civil claim.
Recent cases against NSW police
O’Brien Criminal & Civil Solicitors has represented families in numerous cases involving police use of force and deaths in police operations. Our civil lawyers have extensive experience in assessing the circumstances of police shootings and advising families on their legal options.
If your family has been affected by fatal force
If you have lost a loved one in a police shooting or other police operation, you deserve answers about what happened and why. The legal processes can be complex and overwhelming, particularly during a time of grief.
Our experienced civil lawyers can help you understand the critical incident investigation process and your rights within it, monitor the coronial inquest and represent your interests, assess whether there are grounds for a civil claim against NSW Police, and guide you through the legal options available to your family.
Need a Civil Lawyer in NSW for a fatal shooting?
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Wilson Tighe is a Senior Associate at O'Brien Criminal & Civil Solicitors, where he practises primarily in criminal defence across multiple Australian jurisdictions. He holds an LLB, a Bachelor of Arts in History, and a Graduate Diploma in Legal Practice, having completed his degrees at Charles Darwin University in 2013.
