eBulletin | February 2018
Policing the Police: Spotlight on RLC's Policing Accountability Practice
RLC's Police Powers practice provides free information and advice across NSW in matters involving complaints about the NSW Police Force.
Our service is the only specialised police complaints advice service in NSW, and plays a crucial role in helping people to make complaints about unnecessary arrests, stop and searches, bail applications, malicious prosecutions, use of unnecessary force, tasering and many other issues. We advocate for law reform and run cases to help maintain a fair and effective balance between police powers and the rights of the individual.
Our February e-bulletin highlights current cases, inquiries and media debates we've participated in to achieve lasting change. It also lists useful legal resources that provide tips on dealing with police, and information about how to lodge a complaint.
Elsewhere in this bulletin, you'll read about an exciting comedy event we're holding at Giant Dwarf Theatre on 8 March to celebrate the end of our 40th anniversary year! We encourage you to attend and to give generously during the last days of our 40th anniversary appeal.
It is all thanks to your support that RLC can continue to provide life-changing services to our community. Our heartfelt thanks for everything you do as part of Team RLC.
Joanna Shulman
CEO
Redfern Legal Centre
UNSW law students participating in RLC's UNSW Police Powers Clinic, facilitated by Dr Vicki Sentas.
Working For Change
Inquiry into the Incarceration Rates of Aboriginal and Torres Strait Islander Peoples
RLC staff and volunteers in the lead up to Yabun Festival 2018, a celebration of Aboriginal culture, held on January 26 each year.
In September, RLC's policing practice made a submission to the Australian Law Reform Commission (ALRC) focusing on the impact of policing on the incarceration rate of Aboriginal and Torres Strait Islander people.
Our submission highlights how certain laws, the improper exercise of police powers, and certain kinds of proactive policing strategies negatively impact the frequency and nature of contact with Aboriginal and Torres Strait Islander communities, leading to further offending, unnecessary arrest and incarceration.
Policing Young People in NSW: A study of the Suspect Targeting Management Plan
RLC is proud to have supported the development of the first publically available study on the New South Wales Police Force Suspect Targeting Management Plan (STMP).
The Policing Young People in NSW report, co-authored by Dr Vicki Sentas (UNSW Law and Redfern Legal Centre Police Powers Clinic) and Camilla Pandolfini (Public Interest Advocacy Centre), was published by the Youth Justice coalition in November 2017.
The STMP is both a police intelligence tool that uses risk assessment to ‘predict’ suspects, and a targeted program that seeks to prevent future offending by targeting repeat offenders and people police believe are likely to commit future crime.
The report cautions that the STMP raises serious questions for civil liberties and police accountability, and disproportionately targets young people and Aboriginal and Torres Strait Islander people.
IN THE MEDIA:
“It is extremely alarming that Aboriginal people – who make up just 2.5% of the population – account for more than 50% of STMP targets,” RLC police powers solicitor Sophie Parker said.
“This is a clear example of oppressive over-policing of Aboriginal and Torres Strait Islander communities."
More than 50% of those on secretive NSW police blacklist are Aboriginal (The Guardian, 11 November 2017)
NSW police visit homes of people on secret watchlist without cause (The Sydney Morning Herald, 12 November 2017)
Offensive language arrest found to be unlawful
On 20 November 2017, the District Court held that an arrest for the statement “none of your fucking business” was unlawful, because the police failed to consider any alternatives to arrest.
The judge also found that a second arrest during the same incident was provoked by a police officer’s “protracted and unjustified interference with civil liberties,” and that accordingly, there was a "reasonable excuse" for the conduct.
In July, Mr Black, a 28-year-old student at the time, was walking home from TAFE via a residential street. He was wearing a backpack and a black hoodie, when he was stopped by police.
Without giving Mr Black any reason for being stopped and questioned, the police officers insisted that he explain who he was and why he was in the area.
Mr Black refused to answer police questions and insisted that he be told why he was being stopped.
After asking several more times, and without giving Mr Black any reason for being stopped and questioned, Mr Black eventually answered with “none of your fucking business”. He was immediately placed under arrest for offensive language.
RLC assisted Mr Black in challenging the CIN in the Local and District Court. It was argued that the statement “none of your fucking business” was not offensive, and even if it was offensive, an arrest was improper.
"This case represents an important point on civil liberties,” RLC’s police powers solicitor, Sophie Parker said.
Image: Gavel and Lion (CC)
Although Mr Black is not Aboriginal, Aboriginal and Torres Strait Islander people are significantly over-represented in offensive language cases and moreover, a CIN or arrest for offensive language can be the precursor to more serious criminal charges (such as resist arrest or assault police).
It is for these reasons that the offensive language provisions are under
consideration by the Australian Law Reform Commission in the Inquiry into the Incarceration Rates of Aboriginal and Torres Strait Islander people.
IN THE MEDIA:
"Police should not be making arrests for offensive language, particularly where that language is directed only at police," Ms Parker said.
"The way in which this situation quickly escalated is also a good example of how an unnecessary arrest for offensive language can lead to further, more serious charges."
Man Who Swore At Cops Gets Off Because Court Rules 'F***' Isn't An Offensive Word (Huffpost, 21 November 2017)
Arrest of student for offensive language found unlawful (The Sydney Morning Herald, 21 November 2017)
Resources and Factsheets
FAQs about police powers
When dealing with police it's important you know your rights. Our Police Powers Factsheet answers frequently asked questions about police powers in NSW.
Tip-Off: RLC's UNSW Police Powers Clinic
As part of RLC's UNSW Police Powers clinic held during spring semester 2017, students were asked to research and create two short legal information videos targeting their peers.
Police 'move on' powers: RLC briefing and discussion papers
In August, the NSW government passed laws granting police sweeping new powers to move on people occupying designated public reserves.
The legislation was rushed through parliament, without proper scrutiny or consultation, to enable the state government to immediately dismantle Martin Place’s “tent city”. The camp has served as a safe haven for people sleeping rough in the heart of Sydney’s CBD for the past 12 months.
Image: Occupy Sydney (CC)
RLC is concerned about the disproportionate impact these laws will have on people experiencing homelessness.
READ MORE>
New Police oversight body for NSW
On 1 July 2017, the Law Enforcement Conduct Commission (LECC) was established. The LECC replaces the police branch of the NSW Ombudsman and the Policy Integrity Commission.
Although the LECC claims that it “provides the NSW public with a simplified, strong, fair and impartial system of law enforcement oversight in NSW”, RLC has some concerns about the new legislation.
Image: FotoSleuth (CC)
Police and government complaints mechanisms
The Law Enforcement Conduct Commission (02 9321 6700) has two primary functions: detecting and investigating misconduct and corruption by police, and overseeing complaints handling by the NSW Police Force.
NSW Police GIPA Information Access Unit (02 9689 7122) administers decision making relating to applications for information held by police under the Government Information (Public Access) Act. Forms are available from the NSW Police website.
Commonwealth Ombudsman (1300 362 072) accepts complaints about Centrelink, Australia Post, issues relating to Commonwealth FOI requests, Federal Police, Immigration and the ATO.
Other News...
RLC's Comedy Night!
To celebrate the end of our 40th birthday year, RLC invites you to attend a giant comedy fundraiser at Giant Dwarf Theatre!
Join us for a night of huge laughs at Giant Dwarf in Redfern on 8 March from 7pm. All proceeds raised will help RLC maintain our work providing free legal help to people in need.
READ MORE>
RLC Merchandise
Our popular RLC 40th birthday T-shirts and tea towels are back in stock for a limited time! Designed by local artist Fiona Katauskas, these gorgeous cotton and linen items make the perfect gift for you or the social justice lover in your life! Buy them HERE!
Want a discount? Buy your RLC merch together with tickets to our comedy night at Giant Dwarf and SAVE!
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73 Pitt Street, Redfern NSW 2016
02 9698 7277 | info@rlc.org.au | www.rlc.org.au