Making a complaint

Serious misconduct is conduct that could:

• be a serious offence (an offence punishable by imprisonment for 5 years or more)

• lead to serious disciplinary action (for example, termination of employment) or

• be a pattern of conduct that indicates systemic issues or corrupt conduct.

For example, it could be when NSW Police Force or NSW Crime Commission employees:

• solicit or accept bribes

• pervert the course of justice (for example, by planting evidence at a crime scene or interfere with a brief of evidence)

• commit serious assaults

• release confidential police information to criminals

• improperly interfere in police investigations

• have improper relationships with criminals

• manufacture, cultivate or supply prohibited drugs

Serious maladministration is defined as ‘conduct of a serious nature that is unreasonable, unjust, oppressive or improperly discriminatory, or arises wholly or in part from improper motives’.

‘Agency maladministration’ is conduct by officers of the NSW Police Force or NSW Crime Commission that is:

• unlawful, or

• not unlawful, but procedurally unfair, unreasonable, unjust, oppressive  or discriminatory

‘Officer maladministration’ is conduct by a NSW Police Force officer or administrative employee or an officer of the NSW Crime Commission that although not unlawful, is procedurally unfair.

• corrupt conduct — this has the same meaning as in the ICAC Act and includes acts of violence, illegal drug dealing, dishonest conduct and the misuse of information

• serious maladministration — such as an agency systemically failing to comply with proper recruitment processes when hiring staff

• a government information contravention — such as destroying, concealing or altering records to prevent them from being released under a Government Information Public Access application

• a local government pecuniary interest contravention — such as a senior council staff member recommending a family member for a council contract and not declaring the relationship

• a privacy contravention — such as unlawfully accessing a person’s personal information on an agency’s database

• a serious and substantial waste of public money — such as an agency not following a competitive tendering process when contracting with entities to undertake government work.

• Receive complaints about misconduct by NSW Police and NSW Crime Commission employees.

• Receive complaints about maladministration in the NSW Police Force or NSW Crime Commission.

• Act independently from the NSW Police Force, NSW Crime Commission and other government bodies.

• Refer a complaint to the NSW Police Force and monitor how they handle it, to make sure their investigation is done properly.

• Review complaint investigation reports prepared by Police or the Crime Commission to determine whether we are satisfied with the handling of the complaint.

• Reduce a complaint to writing if you cannot write it yourself or do not have a support person who can assist.

• Investigate serious misconduct or maladministration.

• Treat you with respect.

• Receive complaints about other law enforcement agencies — for example, the Australian Federal Police, Queensland Police, Victoria Police and other state and territory police.

• Investigate or assess complaints against non-NSW police or non-NSW Crime Commission employees.

• Investigate every complaint we receive. We are more likely to investigate ongoing problems or serious misconduct.

• Act for particular individuals or organisations.

• Force an organisation to take action in the way a court can.

• Provide legal advice or intervene in Court or AVO matters or change AVO conditions.

• Press charges against a police officer or civilian. Any findings from an investigation are referred for consideration to the Director Public Prosecutions.

• Take action on limited information. We need to receive clear, relevant information.

• We don’t try to achieve a remedy for someone who reports serious misconduct or serious maladministration.

The LECC encourages members of the public to report suspected serious misconduct or serious maladministration involving the NSW Police Force or NSW Crime Commission.

A legal representative or a Member of Parliament can submit a complaint on your behalf. Other people can assist you in submitting a complaint if you are having difficulties.

Legal representatives can make referrals to LECC by completing the Legal Representative Complaint Form and emailing it to legalrep.referrals@lecc.nsw.gov.au

You can make a complaint anonymously, however you should be aware that we will not be able to contact you to discuss or clarify any aspect of your complaint.

If you are a serving officer, you can fulfil your obligation to report police misconduct by submitting a complaint to us.

• a person employed in or by a NSW agency or otherwise in the service of an agency

• a person having public official functions or acting in a public official capacity whose conduct or activities an integrity agency is authorised by another Act or law to investigate

• an individual in the service of the NSW Crown

• a statutory officer

• a person providing services or exercising functions on behalf of an agency, including a contractor, subcontractor or volunteer

• an employee, partner or officer of an entity that provides services, under contract, subcontract or other arrangement, on behalf of an agency or exercises functions of an agency, and are involved in providing those services or exercising those functions

• a judicial officer

• a person employed under the Members of Parliament Staff Act 2013

Magistrates and Judicial Officers can make referrals to LECC by completing the Courts Complaint Form and emailing it to court.referrals@lecc.nsw.gov.au