The Law Enforcement Conduct Commission published An Observations Paper: Analysis of complaints made or on behalf of Aboriginal and/or Torres Strait Islander people on Wednesday, revealing only seven out of 245 complaints about NSW Police made between 1 January 2021 and 30 June 2022 were directly investigated by the Commission.

66 in total were investigated, with the Commission investigating seven directly and monitoring the NSW Police Force's investigation of three.

The Commission's paper reviewed both the NSW Police Force and Commission's complaint handling system and traces complaints.

In the period examined the Commission received 279 complaints, 245 of which were referred to the NSW Police Force for triage.

The 245 complaints contained 707 separate allegations. The most common complaint allegations in the 245 complaints were: police use of force (34 per cent); improper use of police powers (26 per cent); and breach of service standards, ethical standards and/or guidelines (16 per cent).

The triage process used by the NSW Police Force saw 556 of the 707 allegations declined under section 132 of the Police Act 1990 (NSW).

That section states that in deciding whether any misconduct matter concerning a police officer or the NSW Police Force should be, or does not need to be, investigated or dealt with, the Commissioner may have regard to such matters as the Commissioner thinks fit, including whether, in the Commissioner's opinion: (a) action has been, is being or will be taken to remedy the subject-matter of the misconduct matter without the need for an investigation, or (b) the misconduct matter is frivolous, vexatious or not made in good faith, or (c) the subject-matter of the misconduct matter is trivial, or (d) the relevant conduct occurred too long ago to justify investigation, or (e) there is or was available an alternative and satisfactory means of redress in relation to the relevant conduct, or (f) the complainant does not or could not have an interest, or a sufficient interest, in the conduct complained of, or (g) civil, criminal or disciplinary proceedings, or a coroner's inquest, relating to the subject-matter of the misconduct matter are pending or reasonably in contemplation.

83 of the 707 allegations were dealt with under the Enhanced Resolution Process, 66 were referred to the NSW Police Complaints Management Team for consideration of the matter to be investigated, and two allegations were finalised per section 131(1)(c) of the Police Act 1990 (NSW), that is - "to take no further action under this Part with respect to the misconduct matter".

Of the 245 complaints the NSW Police Force triaged, an investigation occurred for 66 matters, and by November 2023, 59 of the police investigations had been finalised.

In total, 147 allegations across 59 complaints were either investigated or managed under the NSW Police Force 'Enhanced Resolution Process.'

In total, just 26 allegations were sustained.

The Commission reviewed the NSW Police Force's triage of the complaints and found it was "satisfied with the police's decision in 234 complaints".

13 of the complaints were retained for information "only because the complainant did not consent to refer the complaint to the NSW Police Force for investigation and it did not meet our threshold for investigation", the LECC said.

The Commission said in a statement on Wednesday that it undertook the work to "increase Aboriginal and Torres Strait Islander people's knowledge, access and capability to use available data and information to set priorities and drive their own development and is in line with the National Agreement on Closing the Gap Priority Reform 4".

Commissioner Anina Johnson described the importance of highlighting aspects of the complaint handling system.

"The Observations Paper sheds light on the way complaints about police in NSW are handled and demonstrates the Commission's commitment to increasing the transparency of the complaints system where we can," she said.

The Commission said its Observation Paper will be "the starting point for discussions with Aboriginal Community Controlled Organisations and Aboriginal and Torres Strait Islander communities about opportunities to improve the Commission's collection, access, management and use of data about Aboriginal and Torres Strait Islander peoples".

National Indigenous Times has contacted the Aboriginal Legal Service NSW/ACT for comment.

A copy of Commission's Observations Paper can be found online, as can a fact sheet about the observations paper.