This article will discuss the process of filing NSW police complaints, the different types of offences that can be committed by NSW Police in a traffic stop, and other necessary information about police complaints.
Providing false or misleading information during the course of an investigation is an offence. Likewise, making a false complaint about a police officer’s conduct is also an offence.
Australian law requires New South Wales Police Force personnel to act with utmost professionalism and integrity, making sure that their authority is used properly. If you are unhappy or worried about your encounters, you have the right to file a complaint against:
- a NSW police officer
- a NSW Police Force administrative officer
- the NSW Police Force.
How to File NSW Police Complaints?
Here are the steps you need to follow:
- Lodge a formal complaint in writing.
- Lodge it online or
- Complete the form and
- mail it to your local police station.
- mail it to the Customer Assistance Unit at P.O. Box 3427, Tuggerah, NSW 2259, or
- Email your complaint form to customerassistance@police.nsw.gov.au, or
- Lodge a formal complaint with the Law Enforcement Conduct Commission (LECC). The LECC is an independent statutory body responsible for investigating complaints against the police. For certain matters, it employs independent investigators of its own. The personnel of the Commission will keep an eye on the less serious complaints that are forwarded to the police for inquiry.
2. Provide as much detail in your complaint like:
- Your name and contact details (you are entitled to remain anonymous if you wish to do so)
- a detailed description of what happened;
- date, time, and location of the incident;
- the names of people involved, or who could otherwise assist us in resolving your complaint;
- the names (if known) of the NSW Police Force employees involved;
- details of any documents, records, witnesses, etc, that may assist in the resolution of your complaint;
- what you expect the NSW Police Force to do about your concern; and
- any other information you consider relevant.
3. Wait for NSW Police’s response about your completed complaint form.
How Will NSW Police Respond to Your Complaint?
Here are some things you need to know regarding NSW Police’s response regarding the NSW Police complaints you filed:
- Confidentiality. The organisation will protect your confidentiality, safeguard your privacy and you will not suffer any detriment for having complained.
- Anonymity. You can choose to remain anonymous if you’d like, but doing so will prevent NSW Police from getting in touch with you in the event that they have any questions or to let you know how your complaint is being handled.
- Acknowledgment of receipt. Within seven business days, NSW Police will acknowledge receiving your complaint. The complaint will be assigned an identifying number before being sent to a complaint handler for review.
- Assessment. The complaint handler will evaluate each complaint after receiving it to decide on the best line of action. Usually, your local police station will handle the complaint.
Additionally, you will receive the contact information for your complaint handler, who will notify you as the inquiry moves forward. Also, how a complaint is handled will vary depending on what kind of alleged behaviour it is. The NSW Police Force will assess your matter and deal with your complaint by:
- Direct response – for example, if it is a misunderstanding of a policy, explanation of what occurred
- Resolution – discussing the complaint with you and the involved police officer
- Investigations – where a formal investigation is conducted.
What’s Next: Procedure After Filing NSW Police Complaints
The handler will examine the issues raised and determine the most appropriate way to manage your complaint. These may include direct response, resolution, or investigation.
Direct response
Difficulty identifying the police misconduct. Where the assessment does not identify misconduct or maladministration and relates to a pure service delivery/customer service issue, then the matter could be resolved by way of explanation by direct response.
Delay in service. If the problem is related to a service delay, a task priority explanation can be adequate. Furthermore, the complaint might be the result of misinterpreting a policy in which case you might question, for instance, the propriety of receiving an infringement notice. In that case, the NSW Police might tell you of your alternatives for reviewing your situation or they might explain why the notice was issued.
Resolution
Through conversation between all involved, this method aims to attempt and resolve the issues you brought up locally. These kinds of issues don’t need the formality and intricacy of an official investigation. The resolution officer will identify the precise problems and determine the result you are hoping for.
Investigation
Investigators with the necessary training conduct investigations and gather all pertinent information to support or refute the claims made. Criminal charges may even result from some accusations. These kinds of investigations are more complicated and take longer to finalise.
Violations That NSW Police May Commit
The following are some of the most common offences committed by NSW Police in relation to traffic violations of civilians:
- Unfair targeting of certain demographics. NSW Police have been accused of unfairly targeting certain demographics, such as young people, drivers of colour, and low-income drivers, at traffic stops.
- Excessive use of force. Use of excessive force during traffic stops, such as drawing their weapons or using physical violence against drivers.
- Failing to follow proper procedures. Failing to follow proper procedures during traffic stops, such as not identifying themselves or explaining the reason for the stop, is an offence.
In response to these concerns, the NSW Government has introduced a number of reforms, such as the introduction of body-worn cameras for police officers.
Contact a Lawyer Today
It is important to note that the offences we have discussed in this article are just some of the most common offences that NSW Police may commit in relation to traffic violations of civilians. The specific circumstances of each case will vary.
If you believe that you have been the victim of police misconduct during a traffic stop, you should contact the NSW Police or LECC to make a complaint. A competent lawyer at JB Solicitors can help you file NSW Police complaints and answer your questions about NSW Police offences.
Contact us today if you have legal matters with police officers involved.
