A new watchdog is at risk of delivering diminished oversight of NSW police, the Ombudsman has warned, including less power to monitor internal investigations into shootings and other "critical incidents".
Legislation to establish the Law Enforcement Conduct Commission (LECC) is before the NSW Legislative Council following a report into police oversight arrangements by former shadow attorney-general Andrew Tink.
The LECC is designed to streamline police oversight by replacing the Police Integrity Commission and functions of the Ombudsman and Inspector of the NSW Crime Commission.
But acting Ombudsman John McMillan has warned in a letter to a parliamentary oversight committee the bill will "diminish rather than strengthen" the functions currently performed by his agency.
Professor McMillan highlights numerous aspects of the bill that do not follow Mr Tink's recommendations.
He notes the LECC's powers to determine what to investigate and how are "inferior" because they are limited to "serious misconduct and serious maladministration".
It cannot investigate a criminal offence that is not a "serious indictable offence" or "unlawful conduct that is not an offence or corrupt conduct".
Nor is there an ability for the LECC to conduct "public interest" investigations such as the Ombudsman's landmark 2012 report on Taser use by NSW Police, Professor McMillan says.
He says the bill restricts the LECC's ability to oversee the adequacy of internal police investigations into "critical incidents" such as fatal shootings.
While the LECC could access transcripts and recordings of interviews it will only be able to attend the interviews as an independent observer with the permission of the chief police investigator and the person being interviewed.
It will also be prevented from publishing a report on a police critical incident investigation until the investigation is completed.
Professor McMillan points out this means the Ombudsman's 2013 report into the police investigation into the Taser-related death of Brazilian Roberto Laudisio Curti the year before would still not be published as the police investigation is not completed.
Professor McMillan also expresses concern that the LECC's employee budget will be 10 per cent less than those of the PIC and the police division of the Ombudsman's office.
This is despite Mr Tink's recommendation that the overhaul "is not designed to realise cost savings".
Shadow attorney general Paul Lynch said the bill "does not match the recommendations of the Tink Report. Streamlining and simplifying oversight should not mean reducing oversight."
Deputy Premier and Police Minister Troy Grant said the Ombudsman and the parliamentary committee were among many stakeholders "extensively consulted" on the bill.
"Mr Tink was consulted on any modifications to his recommendations and he advised he was comfortable with the modifications," he said.
"The government is open to further amendments in the Legislative Council as it's crucial that we get this one-in-20-year reform right."
