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

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MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review 6. Confidentiality NSW Police has agreed to our observation of relevant police activity on the basis that no information that identifies individual police officers or members of the public will be published. It is important that information about what you see and hear is not discussed outside the Ombudsman’s Office or with any police. It is also important that you do not identify the location or details of the operation to anyone. General feedback will be given to NSW Police about what we have observed but it will not identify officers and will be centrally coordinated. In the event that you witness corrupt or criminal conduct you must notify Simon Cohen, Assistant Ombudsman (Police) as soon as possible in the circumstances. Although the project is not set up as a disciplinary or investigative procedure, we have an obligation to act on certain types of conduct. 7. Travel and accommodation To minimise the possibility that potential offenders may be alerted to the possibility of police activity in small country towns, accommodation will be booked by observers under their own names and will not refer to the NSW Ombudsman. If police require, observers will choose accommodation out of town, or at recommended hotels/motels. Observers will have their own means of transport and will not be relying on NSW Police for transport. 8. Preparing for observational research When preparing for an observation session, one observer will use the following as a guide. 8.1. Initial contact with LAC or coordinating unit After being provided brief information about a particular police operation or police activity by an operational unit, you should contact the LAC or unit to obtain background information about the operation to help you decide whether or not it will be observed. When discussing the operation with the relevant police officer, at a minimum you need to ascertain the following information: 8.1.1. LAC or unit 8.1.2. the general locality of the operation 8.1.3. date 8.1.4. start and finish time 8.1.5. briefing time and location (if relevant) 8.1.6. contact name and number 8.1.7. general outline of the scale (approximate number of police and dogs involved) and nature (static, mobile, roving) of the operation 8.1.8. any particular safety risks Page 6 of 11 NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003 95
MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review If necessary you should discuss this information with another researcher within the office and make a decision about whether or not to observe the operation. 8.2. Confirming attendance If it is decided that the operation will be observed, you must call the relevant police officer to confirm your attendance. At the same time, you should confirm the above details, and: 8.2.1. mention you will provide the officer with a copy of the Police Information Sheet 8.2.2. ask for permission to speak at the briefing (if there is one) 8.2.3. ask for copies of relevant documentation (such as operational orders) to be provided at the briefing 8.2.4. if necessary, ask about accommodation or parking 8.3. Follow up odds and ends After you have confirmed our attendance, you should fax or email the relevant police officer to confirm all the details in writing and provide the Police Information Sheet. You must also: 8.3.1. arrange for two emergency contacts and provide these details to the other observer 8.3.2. arrange transport (book car, get cab vouchers or arrange flights and car hire) 8.3.3. if necessary, arrange accommodation 8.3.4. provide other observers with a copy of these guidelines and obtain their acknowledgment 9. Background information for observers Prior to observing relevant activity you should: 9.1. read the Police Powers (Drug Detection Trial) Act 2003 and any regulations 9.2. familiarise yourself with search powers in the Law Enforcement (Powers and Responsibilities) Act 2002 9.3. read the Police Information Sheet 9.4. read any relevant SOPS that are provided to you 9.5. make yourself aware of the details of the designated emergency contacts 10. Overtime/staffing Overtime or travelling time will be paid in accordance with the Crown Employees (Public Service Conditions of Employment) Award 2002. Generally, overtime will be paid at the appropriate rate for any time worked outside bandwidth (ie 7:30 am to 6:30 pm) Monday to Friday or for any time worked on Saturdays, Sundays, or public holidays. You can elect to take leave in lieu rather than being paid for overtime. In some circumstances travelling time may apply in addition to or rather than overtime. Page 7 of 11 96 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
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We raised this issue during the bor
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In circumstances where a person sea
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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 and 106: There are also a number of seemingl
Page 107 and 108: Appendix 1. Memorandum of Understan
Page 109 and 110: MOU between NSW Police and the Ombu
Page 111: 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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