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

This view was echoed by officers consulted by the Police Association of NSW:
Information provided by members indicates that the forced consultation with the RTA has the potential to
compromise the integrity of the authorisation. There is no longer a control over the information by police once it
is disseminated to the RTA. If in fact the integrity of the authorisation is compromised, this may in turn hinder the
deployment of surprise tactics by police and affect the overall success of the operation. 376
We are not aware of any evidence suggesting that the integrity of any operation was compromised. In practice, the
consultation between police and RTA regional traffic managers usually involves a phone conversation to discuss
potential safety issues that police might encounter during the planned operation. The details of the conversation are
then recorded in a statement which is attached to the application for authorisation. 377
In our view, the consultation requirement is prudent given the capacity for RTA officers to provide expert advice and
guidance on safety and traffic management strategies. In addition, RTA officers are best placed to appreciate the
nature and location of any proposed road works or other events that could potentially impact on the operation.
5.5.4.6. Onerous record keeping and reporting requirements
We received mixed views about the record keeping and reporting requirements. On the one hand, one senior officer
opined that the record keeping and recording requirements were no more onerous than information collected during
random breath testing operations or search warrant executions. 378
On the other hand, the Police Association of NSW advised that officers felt the record keeping and reporting
requirements in the Drug Detection Trial Act (see paragraph 2.1.9) were onerous and time consuming, resulting in the
diversion of police resources away from fighting crime and serving the community. 379
In addition, the NSW Police Force stated:
… the requirement to now provide a report on the conduct of a [drug detection trial] operation within 14 days
after the expiry of an authorisation has created additional work. 380
However, we note that the Border Areas Trial Act also contained a report back requirement. 381
5.5.5. Occupational health and safety obligations
Ensuring the safety of police officers and members of the public, which is mandated by the Drug Detection
Trial Act 382 and occupation health and safety legislation, 383 is of paramount concern for police conducting drug
detection operations.
These obligations have the potential to impact on the effectiveness of drug detection operations as they may
restrict the times, locations and manner in which police are able to safely perform their duties. The following
comments illustrate some of the occupational health and safety (‘OH&S’) challenges faced by police:
I think a lot of it comes down to your OH&S … you can’t have police trying to pull up big trucks in the middle
of the night on the highway. 384
Due to OH&S concerns during darkness areas outside built up areas are not suitable to conduct these trials. 385
Three zones were authorized and all worked for a period of time during this operation. One of these zones was
within a semi built up area and serviced by street lighting, the other two being open highway without lighting.
After OH&S assessments all operations were reverted to the built up area with lighting, open highways
were found to be suitable for daylight hours only. 386
An officer, quoted in the Police Association of NSW submission, opined:
The legislation is poorly written in relation to directions we can and can’t give to drivers for the purpose of
screening and is in conflict with OH&S requirements to some degree and other legislation where police can
direct a driver to do certain things. 387
The Association observed:
In relation to the screening, there is a serious OH&S implication that requires further consideration. As the
drivers of heavy vehicles (due to the sheer size of the vehicle) sit considerably high off the ground in their
cabins, police are unable to see their hands and hence when approaching them, cannot be sure if they have
any dangerous weapons etc in their possession. Members are of the opinion that the legislation requires
amendment so that police may have the power to make the drivers of heavy vehicles alight from their vehicle so
that they can be spoken to … 388
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NSW Ombudsman
Review of the Police Powers (Drug Detection Trial) Act 2003