EXCLUSIVE
The NSW Police Commissioner — who has said police “did what they needed to do” and showed “remarkable constraint” at the anti-Herzog protest — has the power to hide material under the “independent” probe.
The NSW Law Enforcement Conduct Commission (LECC), which investigates “serious misconduct” by police, launched an investigation, into the February 9 protest at Sydney’s Town Hall, where police were filmed punching and attacking attendees.
The LECC announced an “independent investigation” on February 13, after receiving a “significant number of complaints”.
Yet it can be revealed that under the LECC Act, the NSW Police Commissioner can declare information they, or any other police officer, provides to the LECC to be “police information”, and kept secret.
“I do not support an independent investigation” — NSW Premier Chris Minns
Under the Act, NSW Police Commissioner Mal Lanyon can declare any information “police information” if he considers the disclosure of the information to be “contrary to the public interest”, which is not defined.
“Police information” is defined as “information the disclosure of which may, in the opinion of the Commissioner of Police, prejudice the investigation or prevention of crime, or otherwise be contrary to the public interest”.
Under the Act (section 179), the Police Commissioner may “at any time” notify the LECC that information provided to the LECC is “police information”.
The LECC, must “not disclose” police information “at any time”, it states.
Police showed “remarkable constraint” and “did what they needed to do” — NSW Police Commissioner Mal Lanyon
The NSW Police Commissioner can keep information hidden from the public under a broad, undefined, “public interest” clause. Part of Section 179 of the LECC Act. Source: Austlii
The legislation says that under the LECC Act, “police information” is also called “critical police information”, with no difference in the definition of each.
“The Commission is not to disclose critical police information…at any time,” it states.
Following the February 9 protest, which sparked international headlines, NSW Police Commissioner Lanyon, NSW Assistant Commissioner Peter McKenna, NSW Police Minister Yasmin Catley — and NSW Premier Chris Minns — have all defended police.
The February 9 protest was against the visit by Israeli President Isaac Herzog, who has been found by a UN commission to have “incited genocide”.
Commissioner Lanyon said police showed “remarkable constraint”, and that they “did what they needed to do”.
NSW Premier Chris Minns also praised the actions of police — and earlier announced he didn’t think an independent investigation was necessary.
“I do not support an independent investigation”, he announced in parliament on February 12.
The NSW Premier made the statement one day before the LECC — publicly — announced it was launching an investigation.
(Editor’s note: Our annual week-long fundraiser ends tomorrow. Please support us here so we can continue to produce this vital journalism and hold powerful forces to account)
NSW Police Commissioner Mal Lanyon and Premier Minns. Picture: ABC News/Liam Patrick
Three weeks ago, NSW’s highest court unanimously ruled the “Public Assembly Restriction Declaration” (PARD) anti-protest laws — used by police on February 9 — were unconstitutional.
The NSW Minns Government introduced the laws after the December 14 Bondi terror attack, which killed 15.
On April 17, all three justices of the NSW Court of Appeal, the state’s highest court, struck-down the laws as against Australia’s constitutional freedoms.
Regardless, Minns said his government “absolutely stands by” implementing the laws.
He said his government was “obviously disappointed” the laws were struck-down, in comments criticised as undermining the judiciary.
NSW Police Minister Catley has accused organisers of the anti-Herzog rally of being “untruthful”.
Assistant Commissioner Peter McKenna has said police had been “threatened, jostled and assaulted” during “a number of melees, rolling fights” and authorities were “significantly outnumbered by the protesters and the people who wanted to act in a violent and offensive manner”.
It is alleged one police officer was bitten on the thumb by a protestor.
The LECC on March 13 said its “investigation will include public examinations”.
On March 31, an update states it “expects” to conduct “some public hearings” in the “second half of 2026”.
The LECC began operations in 2017, under then NSW Premier Gladys Berejiklian.
Berejiklian in 2021 resigned amid scandal and was found to have engaged in “serious corrupt conduct” by the NSW Independent Commission Against Corruption (ICAC), over dealings involving millions of dollars of improper taxpayer grants.
“The LECC is a strong and independent oversight body” — Police Minister Yasmin Catley
After the LECC investigation was publicly announced, NSW Police issued a statement that it would “work co-operatively” with the inquiry.
“The LECC is a strong and independent oversight body, and we respect this process,” Catley said in the statement.
The Klaxon’s annual fundraiser has just 24 hours to run. Until 8pm Friday all donations are being doubled by the Local and Independent News Association.
Please dig deep and support truly independent journalism here.
Thank you!
Anthony Klan
Editor, The Klaxon
