New South Wales has a serious police violence problem. A reckoning is long overdue - but it won't happen until we have an independent police watchdog with more teeth.

Responding to horrific accounts of police brutality, including an incident where police bashed an Aboriginal man after an unlawful arrest, breaking his ribs and puncturing his lung, NSW Premier Chris Minns said: "We have a strong, robust, independent investigatory body in New South Wales with oversight of the police and public officials and I think the public should have confidence in those bodies to do their job."

These words are cold comfort for communities who are routinely subject to over-policing and disproportionate use of punitive police powers, with little avenue for recourse.

The NSW police watchdog - the Law Enforcement Conduct Commission, or LECC - is severely constrained by inadequate resources to investigate the vast majority of police complaints, and frustrating limitations on its powers.

Most complaints against NSW Police officers are investigated by NSW Police. If the LECC is unsatisfied with a complaint investigation, it can ask police to investigate further, but they are not obliged to do so. Similarly, when police decide not to take disciplinary action against an officer, the watchdog can request a review - but it has no power to actually make it happen.

Over an 18-month period, 245 complaints were made by, or on behalf of, Aboriginal and Torres Strait Islander people against police. The most common complaint was excessive use of force.

The NSW Police Force investigated 66 complaints, upholding only 18 per cent of the allegations made against police officers. They recommended that those officers face counselling, warning notices, transfers, and other minor consequences. No instances were recorded of officers being relieved of their duties after a complaint was sustained against them.

Is this the "strong, robust" system of police accountability that the Premier was talking about?

Even where the LECC is able to directly investigate a complaint against police, it faces barriers in accessing information. The NSW Police Force has mounted court challenges to resist providing information to the watchdog.

And even where the LECC finds serious misconduct, the matter is referred back to police to decide whether officers will face any consequences.

It's little wonder the public is increasingly losing trust in police.

Police violence is systemic. It is not an unfortunate by-product of the system, but a feature that is ingrained by design. Police brutality is much more common than most people realise - and is inflicted against Aboriginal and Torres Strait Islander people at grossly disproportionate rates.

When Aboriginal Legal Service NSW/ACT clients find some measure of justice after experiencing police misconduct, it's usually through a settlement in the civil law system, meaning no charges are laid. Too often, they are required to sign a gag order before they can access compensation. Silencing victims only serves to mask the true extent of police misconduct.

The criminal legal system is even less capable of delivering justice. Earlier this month, NSW Police Sergeant Benedict Bryant was sentenced for dangerous driving causing the death of Dunghutti teenager Jai Wright. It was the first time a NSW Police officer has ever been held criminally responsible for causing the death of an Aboriginal person in custody.

This followed four long years of tireless advocacy from Jai's family, supported by our lawyers, who advocated for the Coroner to refer Sergeant Bryant's actions for prosecution. Initially, both NSW Police and the Office of the Director of Public Prosecutions declined to lay charges.

It was a hard-won, historic outcome, but it shouldn't be up to grieving families to lead the fight for accountability.

How many cases of police violence and misconduct will never see the light of day? How many police officers will never have to answer for misusing their power?

Communities should be able to trust they will be safe when interacting with police. They won't have that assurance until police are held accountable for their actions. If the Premier wants the public to have confidence in police oversight, he must give the watchdog the power to bite.

Lauren Stefanou is the Principal Solicitor (Policy, Strategy & Advocacy) at the Aboriginal Legal Service (NSW/ACT).