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

MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review
Schedule 2
Police Information Sheet
Cooperative observational research
As you may already be aware, according to section 22 of the Police Powers (Drug Detection Trial) 2003 (the Act),
the Ombudsman will be monitoring the establishment of checkpoints in ‘outer metropolitan areas’ at which police
will utilise drug detection dogs to screen vehicles and possibly drivers and passengers.
Under section 22, we will be monitoring the exercise of powers under the Act for 12 months. At the end of this
period we will provide a report to the Attorney General, the Minister for Police and the Commissioner of Police.
We will use a range of research approaches to ensure that we produce a balanced and comprehensive report
about the exercise of these powers. For example, we will be analysing records from COPS and other police
records, as well as conducting community consultations, interviews and focus groups and analysing any relevant
complaints.
For the purposes of monitoring the exercise of powers under the Act, we have come to an agreement with the
Commissioner of Police that we will directly observe police as they exercise these powers. The Commissioner of
Police and the Ombudsman have agreed to work cooperatively to facilitate the direct observation of police as
they work.
1. The benefit of direct observation
We have already observed the exercise of other police powers for the purposes of monitoring other police
powers, such as the use of drug detection dogs in public places.
While valuable information is often obtained by other means, some aspects can only be properly assessed by
direct observation.
By accompanying police and directly observing how they use their powers under the Act, we gain information
about the ‘on the ground’ implementation of the Act.
However, we acknowledge that there are a number of factors affecting the purity of this method. For example, the
presence of an observer from the Ombudsman’s Office may influence, consciously or unconsciously, the
behaviour of police. In addition, differences may occur in the way observers interpret and record events.
Measures will be taken to minimise these factors. However, it is unlikely that they can be removed altogether.
Notwithstanding the limitations of this method, in our experience observational research has proved to be a
valuable source of information about police activities. We will take care to make our observers aware of these
limitations and take them into account in our final report.
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NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003