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ARE NSW POLICE TREATED DIFFERENTLY?

NSW POLICE UNACCOUNTABLE FOR MISCONDUCT

The NSW Police Force has a checkered history of NSW Police officers committing criminal offences, as well as conduct that may not be criminal in nature but is nevertheless a breach of its own internal rules and contrary to the behaviour that would be expected in any workplace, let alone of our state’s own public servants trusted with enforcing the law.

The NSW Police Force’s former culture of serious and systematic corruption which was entwined with Sydney’s underworld and organised crime came to light and was largely dealt through the Royal Commission into the New South Wales Police Service, also known as the Wood Royal Commission, between 1995 and 1997. However, Police misconduct persists, particularly with regard to inappropriate behaviour of police officers against their very own colleagues. Concerns have been raised by many current and former police officers and a number of politicians that such misconduct is prevalent and not being appropriately addressed.

WOOD ROYAL COMMISSION OF 1995 TO 1997

The Wood Royal Commission was held between 1995 and 1997 and was presided over by Justice James Rowland Wood, with the purpose of investigating and determining the existence and extent of corruption within the NSW Police Force. Specifically, the Royal Commission sought to determine whether corruption and misconduct were “systemic and entrenched” within the service, and to advise on the process to address such a problem. The Royal Commission conducted private and public hearings. It interviewed offenders and victims and held formal and informal discussions with police, experts and other authorities. It also involved the undertaking of research, surveillance and undercover operations. Public submissions were received.

The Royal Commission was expanded in December 1994 to investigate the protection of pedophiles by NSW Police. This part of the broader Royal Commission was referred to as ‘The Paedophile Inquiry’ and was focused on assessing the depth and gravity of the overall problem of paedophilia, identifying deficiencies in the impartiality and adequacy of the responses of police and other public officials, and to make recommendations for reform. It did not find that there was a large network of prominent professionals with paedophile tendencies or any bargain with senior police for protection. However, the commission was very critical of police, prosecutors and public servants in their approach to the prosecution of sex offences against minors, and the lack of sufficient specialist police resources and clear guidelines.

As for the investigation into systematic and entrenched corruption within the NSW Police force, clear evidence of corruption and misconduct was brought to light, and hundreds of police officers were compelled to resign.

FAILURE IN ADDRESSING CURRENT NSW POLICE BULLYING AND MISCONDUCT

Politicians and current and former NSW Police officers have raised serious concerns of a culture of bullying and misconduct in the current NSW Police force and the failure to address it.

Reports have recently emerged of a former senior officer reporting an allegation of bullying and misconduct to the Law Enforcement Conduct Commission (LECC) against a NSW Police sergeant who was alleged to have filmed a fellow officer urinating in a bottle and shared the footage with colleagues in a WhatsApp group chat. The filming occurred after the sergeant had refused to let the car they were travelling in stop when the officer needed to go to the bathroom and had in fact suggested to the officer that he should urinate in the bottle.

Concerningly, the LECC referred the matter to NSW Police who in turn considered the matter to be unprofessional but not criminal and let the sergeant off with a warning and a transfer to another team.

This extraordinarily weak response from the NSW Police was heavily criticised by The Hon. Sue Higgins MLC, Member of the NSW Legislative Council, who argued that “in any other workplace, if you filmed someone’s genitals and sent it to colleagues you would be fired and on criminal charges.” She has called for a parliamentary inquiry into the culture of the NSW Police Force and is of the view that there is a culture coverup of the NSW Police Force which cannot be resolved by another review which she says would only ever be considered by the police themselves.

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