Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

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Appendices 1. Memorandum of Understanding between the Commissioner of Police and the NSW Ombudsman ............................................................................................................. 90 2. Information requirements for the drug detection trial review .................................................... 101 3. Section 12 notice .......................................................................................................................... 103 4. Sample of an authorisation granted ............................................................................................ 104 5. Initial letter sent to survey participants ....................................................................................... 107 6. Telephone survey tool .................................................................................................................. 108 NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003 89
Appendix 1. Memorandum of Understanding between the Commissioner of Police and the NSW Ombudsman. MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review Memorandum of understanding (MOU) between the Commissioner of Police (NSW Police) of Pacific Power Building, 201 Elizabeth Street, Sydney NSW 2000 and the NSW Ombudsman (the Ombudsman) of Level 24, 580 George Street, Sydney NSW 2000 1. Background 1.1. According to section 22(1) of the Police Powers (Drug Detection Trial) Act 2003 (the Act), the Ombudsman is required to keep under scrutiny the exercise of the functions conferred on police officers under the Act for a period of 12 months from the date of commencement. 1.2. The Act is expected to commence on 23 February 2007. 1.3. According to section 22(2) of the Act, for the purposes of scrutinising these functions, the Ombudsman may require the Commissioner to provide information about the exercise of those functions; and inspect the records of NSW Police at any time. 1.4. According to section 22(3) of the Act, the Ombudsman must, not later than three months after the expiration of the 12-month review period, prepare a report on the exercise of the functions and furnish a report to the Attorney General, Minister for Police and the Commissioner of Police. 1.5. As part of the Ombudsman’s scrutiny function, Ombudsman’s officers (observers) will observe police exercising functions under the Act (the relevant police activity). 1.6. This MOU outlines the cooperative arrangements for facilitating the observation by the Ombudsman’s officers of the relevant police activity. 2. Responsibilities of NSW Police 2.1. NSW Police will cooperate with the Ombudsman and his observers for the purposes of facilitating their observation of the relevant police activity. 2.2. The responsible Regional Operation Manager, or his or her delegate, will notify the Ombudsman as soon as practicable, via the dedicated mobile phone number for the review (0400 230 249), of details of all planned drug detection operations under the Act. 2.3. The observation of such operations is to be negotiated directly with the relevant commander or leader of the relevant coordinating unit (team leader), subject to the terms of this MOU. 2.4. The relevant commander or team leader will allow the Ombudsman’s observers to attend pre- and post- operation briefings (if relevant), and provide copies of operational orders (if relevant) at such briefings. Page 1 of 11 90 NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003
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Review of the Police Powers (Drug D
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Any correspondence relating to this
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2 June 2008 Level 24 580 George Str
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Foreword The vehicular trafficking
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Chapter 4. Issues identified during
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or is to be, used on a regular basi
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Issues identified during the drug d
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Conclusion A critical examination o
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viii NSW Ombudsman Review of the Po
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The bill proposed a number of chang
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4 NSW Ombudsman Review of the Polic
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In addition, if the authorisation i
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2.1.9. Reporting and record keeping
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If the drug detection dog indicates
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41 Police Powers (Drug Detection Tr
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3.2. Number of vehicles and persons
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Table 3 details drugs seized, legal
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Local area command/s where operatio
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One person was charged with resist/
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In addition, a driver of a Pantec t
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118 Pursuant to s.12 of the Crimes
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Getting an authorisation is a lengt
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(b) the likelihood of success of th
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Case study 1 Grant of authorisation
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4.1.5. Capacity of designated offic
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The officer will then stop each veh
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mindful to ensure that they do not
Page 55 and 56: We raised this issue during the bor
Page 57 and 58: In circumstances where a person sea
Page 59 and 60: During pre-operational briefings Om
Page 61 and 62: In addition, boredom, motivation, f
Page 63 and 64: Case study 7 No drugs located, no a
Page 65 and 66: Case study 9 Persons searched withi
Page 67 and 68: 4.7.2. Police views A number of sen
Page 69 and 70: However, the NSW Police Force noted
Page 71 and 72: 203 See paragraph 12.4 ‘Requestin
Page 73 and 74: 56 NSW Ombudsman Review of the Poli
Page 75 and 76: • One or more drugs were located
Page 77 and 78: … the nature of the legislation a
Page 79 and 80: We also got some specific [intellig
Page 81 and 82: I think that was something that rea
Page 83 and 84: … if they’re serious about the
Page 85 and 86: This view was echoed by officers co
Page 87 and 88: We raised the issue of regional sta
Page 89 and 90: Table 4. Operational costs Operatio
Page 91 and 92: 5.7.2. Community support 5.7.2.1. P
Page 93 and 94: According to survey participants, t
Page 95 and 96: Case study 14 Delayed by search 457
Page 97 and 98: … a reduction in costs and resour
Page 99 and 100: Case study 17 Police seize $875,000
Page 101 and 102: 366 Interview A transcript, pp.18-1
Page 103 and 104: 86 NSW Ombudsman Review of the Poli
Page 105: There are also a number of seemingl
Page 109 and 110: MOU between NSW Police and the Ombu
Page 119 and 120: Other information requirements
Page 121 and 122: Appendix 4. Sample of an authorisat
Page 123 and 124: 106 NSW Ombudsman Review of the Pol
Page 125 and 126: Appendix 6. Telephone survey tool.
Page 127 and 128: Acknowledgments This report was res
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