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Serious misconduct

Serious wrongdoing

Notifiable misconduct matters

Critical incident

Examination / hearing

Public interest disclosure

Public reports

Private reports

Serious misconduct

This is defined as 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.

Consult the LECC Act for its definition of serious misconduct.

Serious wrongdoing

• 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.

Notifiable misconduct matters

The NSW Police is required to notify the Commission of any complaint that is notifiable.

The Section 14 Guidelines fully outline these complaint types, which can be summarised as:

• criminal offences by NSW Police officers
• failure to investigate domestic violence, sexual offences or indictable crimes
• corruption
• associating with criminals or other conflicts
• conduct that may end in the employee being sacked
• misuse of LEPRA powers (ie search, arrest and detention)
• falsifying official records
• unapproved use or storage of firearms, tasers, OC sprays, batons or handcuffs
• not complying with policies, declarable associations; conflicts of interest; and secondary employment
• complaints against the Commissioner or Deputy Commissioner
• conduct which may result in a demolition
• conduct that may results in a financial penalty
• misconduct relating to a critical incident#
• improper release of police information
• failure to report misconduct by another officer
• payback for a previous complaint
• adverse comments by a court about police
• failure to report adverse comments by a court about police conduct
• civil litigations that allege serious misconduct by police
• serious maladministration. 

Critical incident

A critical incident is an incident involving a NSW police officer that results in the death or serious injury of a person.

Examination / hearing

We may conduct an examination (a hearing) as part of an investigation, but it's not necessary in every investigation.

The examination can be public or private, or partly public and partly private. When we decide whether to hold a public examination, we must consider:

• the benefits of publicly exposing serious misconduct
• the seriousness of the complaints that are being investigated
• whether any risks to a person's reputation are justified
• the public interest
• if a public examination may encourage someone to help us with the investigation.

The media may be allowed to attend public examinations. 

Public reports

We will release a public report if we hold a public examination. We may also release a public report of a private examination or about the systemic work we do.

These reports are tabled before both Houses of Parliament with a recommendation it be made public.  Once we have been given approval to make a report public, we will post it on our website.  We usually issue a media release for any public report.

Private reports

If we decide a report should be private we’ll only share it with the Minister of Police, the person who made the complaint and the Commissioner of Police.

We won’t discuss the contents of a private report with the media.

Public interest disclosure

The LECC takes reports of serious wrongdoing seriously. We are committed to building a ‘speak up’ culture where public officials are encouraged to report any conduct that they reasonably believe involves serious wrongdoing.

The integrity of the NSW public sector relies upon public sector staff, volunteers, contractors and subcontractors speaking up when they become aware of wrongdoing.

The Public Interest Disclosure Act 2022 (NSW) provides the framework for making public interest disclosures (PIDs) and the protections for those making disclosures. 

There are three types of PIDs in the PID Act. These are: 

1. Voluntary PID: Where a report has been made by the public official because they decided, of their own accord, to come forward and disclose what they know.
2. Mandatory PID: Where the public official has made a report about serious wrongdoing because they have a legal obligation to make that report, or because making that report is an ordinary aspect of their role or function in an agency.
3. Witness PID: Where a person discloses information during an investigation of serious wrongdoing following a request or requirement of the investigator or agency.
   

This LECC’s PID policy sets out:

• how the LECC will support and protect you if you come forward with a report of serious wrongdoing

• how we will deal with the report and our other responsibilities under the PID Act

• who to contact if you want to make a report

• how to make a report

• the protections which are available to you under the PID Act.
  

As a public official, you can make a public interest disclosure to LECC by the following means:
Online: www.lecc.nsw.gov.au/complaints
Email: contactus@lecc.nsw.gov.au
Phone: (02) 9321 6700
Mail: GPO Box 3880, Sydney NSW 2001
Download the LECC’s Public Interest Disclosure Policy

Public reports

We will release a public report if we hold a public examination. We may also release a public report of a private examination or about the systemic work we do.

These reports are tabled before both Houses of Parliament with a recommendation it be made public.  Once we have been given approval to make a report public, we will post it on our website.  We usually issue a media release for any public report.

Private reports

If we decide a report should be private we’ll only share it with the Minister of Police, the person who made the complaint and the Commissioner of Police.

We won’t discuss the contents of a private report with the media.