A NSW Government website

NSW Government
Office of the Inspector of the
Law Enforcement Conduct Commission

Making a Complaint

The types of complaints the Inspector can deal with

The Inspector can deal with complaints about the conduct of the Law Enforcement Conduct Commission (LECC) and/or its officers which amounts to maladministration on the part of LECC (“agency maladministration”) or  to misconduct or maladministration on the part of officers of the LECC (“officer misconduct” or “officer maladministration”).

Agency maladministration is defined in the LECC Act as conduct, whether by action or inaction, that is:

  • unlawful; or
  • unreasonable, unjust, oppressive or improperly discriminatory in its effect; or
  • arises from improper motives; or
  • arises from a decision that has taken irrelevant matters into consideration; or
  • arises from a mistake of law or fact; or
  • is conduct of a kind for which reasons should have been given but have not; or
  • engaged in accordance with a law or established practice, being a law or practice that is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its effect.

Agency maladministration also includes (without limitation) unreasonable delay in the conduct of an investigation and unreasonable invasion of privacy.

Officer maladministration is defined in the LECC Act as conduct, whether by way of action or inaction, that is:

  • unreasonable, unjust, oppressive or improperly discriminatory in its effect; or
  • arises from improper motives; or
  • arises from a decision that has taken irrelevant matters into consideration; or
  • arises from a mistake of law or fact; or
  • is conduct of a kind for which reasons should have been given but have not.

Officer misconduct can include but is not limited to:

  • conduct that constitutes a criminal offence
  • conduct that constitutes corrupt conduct
  • conduct that constitutes unlawful conduct
  • conduct that constitutes a disciplinary infringement.

Complaints the Inspector is unable to deal with

The Inspector’s functions and powers relate solely to complaints about the conduct of the LECC and/or its officers. The Inspector cannot deal with complaints about the conduct of other public agencies and officials. Nor can the Inspector deal directly with complaints about NSW Police Force or about NSW Crime Commission misconduct, which are matters for the LECC.

The Inspector cannot review the LECC’s decision either to investigate or not investigate a complaint unless the decision by the LECC is affected by conduct amounting to agency maladministration, officer maladministration or officer misconduct. In such circumstances, the Inspector may examine the decision and the context in which it was made. The Inspector may then make comments and recommendations to the LECC or Parliament about the LECC's conduct in relation to the decision and decision-making process.

The Inspector has no power to consider the merits of any action or recommendation of the LECC unless it comes within the conduct referred to above.

The Inspector has no power to reverse or change any decision of the LECC, including a decision by the LECC not to investigate a matter.

How does the Inspector deal with complaints?

The Inspector deals with complaints in accordance with the  Complaints Handling Policy (PDF) 270 KB .

How to complain to the Inspector

So that the Inspector can properly understand your complaint please give as much specific and detailed information as you can. It will be of assistance in dealing with your complaint if you provide the following information:

  • What is your complaint against the Law Enforcement Conduct Commission (the LECC) and/ or its officers?
  • Do you believe that what is described in your complaint amounts to:
    • maladministration on the part of LECC (“agency maladministration”); or 
    • misconduct or maladministration on the part of officers of the LECC (“officer misconduct” or “officer maladministration”)?
  • When did the issues you complain of occur (Date/Year)?
  • What are the names of and positions held by the officers of the LECC against whom you are complaining?
  • Is there a file number concerning any complaint that you made to the LECC? If yes, please provide it.
  • What are the names and contact details of any witnesses who can give evidence to support your complaint?
  • Are there documents or video which supports your complaint and if so, can you send them or copies of them to the Inspector to examine?
  • Are you employed in the NSW public sector or any NSW local council?
  • Do you wish to keep your identity confidential from the LECC or any other persons (and if so from whom) and why?

You can complain to the Inspector in writing by:

The Inspector also accepts complaints made by representatives on behalf of a complainant. Anyone can represent a person who wishes to make a complaint so long as they have the person’s consent (e.g. advocate, friend, family member, legal or community representative, member of Parliament or another organisation).

If you have questions about making a complaint, you can submit them in writing or call the Inspector’s office on (02) 9228 3023.