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A report by the Law Enforcement Conduct Commission (LECC) has exposed significant failures in the NSW Police Force's use of body-worn video (BWV) cameras. It reveals a system plagued by broken equipment, unclear guidelines, and limited access for both complainants and the watchdog itself.

The LECC report, which makes 15 recommendations, comes after investigations discovered ongoing and inconsistent police practices and attitudes towards using BWV cameras. Its findings reveal that just over half of the BWV cameras issued to officers are operational, with the remainder either defunct or broken. Additionally, the report highlights a critical lack of clarity in the directions given to officers regarding when they should activate the devices.

“The use of BWV is so sporadic and random that its effectiveness as a tool for evidence gathering and police accountability is greatly diminished,” said Sam Lee, Supervising Solicitor for Police Accountability at the Redfern Legal Centre (RLC).

The report’s key recommendation is that the NSW Police Force mandate the use of BWV cameras, requiring all officers, including tactical and non-uniformed personnel, to activate them when exercising police powers or when an interaction is likely to lead to the exercise of such powers.

“It is reasonable for the public to expect that officers are given clear and unequivocal instructions that they must activate their body-worn camera in certain circumstances,” stated LECC Chief Commissioner Peter Johnson SC.

The LECC also found that there is no policy in place to allow individuals making complaints about police conduct to access relevant footage. Moreover, the watchdog itself lacks automatic access to BWV recordings.

RLC, which has dealt with numerous incidents where BWV footage would have been crucial in clarifying police conduct, strongly supports the LECC’s recommendations. “Bystanders are often forced to film encounters with NSW Police with their own phones, because we cannot rely on the police to record the interaction,” Lee added.

The organisation is calling on the NSW Government to compel the police force to address the equipment deficiencies, mandate BWV activation, and ensure that complainants and the LECC can access footage.

The NSW Police Force has acknowledged the report, stating that it will “consider the contents of the report and the recommendations made by LECC.” However, the public and advocacy groups are demanding swift and decisive action to restore trust in the police and ensure accountability.

Strengthening the policies surrounding BWV usage is crucial for enhancing public confidence in policing. “Body-worn video allows police officers to capture objective, high-quality recordings of police operations, and of everyday interactions with the public,” Johnson said. “In recent years, police body-worn camera footage has proved to be an invaluable tool in helping police and the courts more efficiently deal with allegations, including false allegations against officers who were in reality doing the right thing.”

The Commission’s report, Review of NSW Police Force body-worn video policy and practice, can be viewed here.