EXCLUSIVE
NSW Police and the body that oversees it have closed ranks over the “independent investigation” into police brutality at Sydney’s anti-Herzog protest — refusing to say what evidence the Police Commissioner has formally moved to keep secret from the public.
As exclusively revealed yesterday, a loophole in the law means NSW Police Commissioner Mal Lanyon can declare any evidence provided by himself — or any other officer — as “police business”, banning the Law Enforcement Conduct Commission (LECC) from disclosing it.
Under the process, the Police Commissioner can issue the LECC with secrecy notices, stating information must remain secret, and can cite a range of reasons, including if it is in the “public interest”, which is not defined.
It can now be revealed the LECC is refusing to disclose “the number of notices” Commissioner Lanyon has issued it regarding the Sydney anti-Herzog protest on February 9, citing “secrecy obligations”.
NSW Police are also refusing to say how many secrecy “notices” Commissioner Lanyon has issued over the affair, stating it is “unable” to do so — because the matters of February 9 are “subject of a LECC investigation”.
The Klaxon’s revelations yesterday. Source: The Klaxon
The rally, outside Sydney’s Town Hall, was in protest of the visit by Israeli President Issac Herzog, who a UN committee has found “incited genocide” of Palestinians.
At the protest, officers were filmed punching and attacking attendees, drawing international headlines, and widespread community concern over police brutality.
Commissioner Lanyon has publicly stated police “did what they needed to do” and showed “remarkable constraint”.
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The Klaxon’s report Saturday. Source: The Klaxon
NSW Premier Chris Minns has stated, the day before the LECC investigation was — publicly – announced, that he did not support an independent investigation into the actions of police, instead stating it should be left to NSW Police.
“I do not support and independent investigation,” Minns told parliament.
Along with Commissioner Lanyon and Premier Minns, NSW Assistant Commissioner Peter McKenna has also defended police, and NSW Police Minister Yasmin Catley have all also defended police.
As exclusively revealed by The Klaxon yesterday, under section 179 of the LECC Act, the NSW 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.
Under the Act, the LECC is not to disclose any “police information” for 21-days after receiving it, allowing for the NSW Police Commissioner to issue it with a secrecy notice.
“The 21-day period provides the Commissioner of Police…with an opportunity to notify the Commission (LECC) that the information is critical police information,” it states.
That means the NSW Police Commissioner can issue the LECC with rolling secrecy notices, regarding any information he provides to the LECC, or any information any other NSW police officer provides to the LECC, as information comes to light.
(Under the Act, there is no difference between “police information” and “critical police information”, with the terms interchangeable.)
Mal Lanyon was appointed NSW Police Commissioner in September. Source: AAP/Bianca De Marchi
“Police information” is defined as information which “may, in the opinion” of the NSW Police Commissioner”, “prejudice the investigation or prevention of crime”, or “otherwise be contrary to the public interest”.
No definition is provided for “contrary to the public interest”.
When issuing the LECC with a secrecy notice, the NSW Police Commissioner must state the reason they have “formed the opinion” that the information should be kept secret.
With respect to the February 9 anti-Herzog rally, The Klaxon asked the LECC, whether Commissioner Lanyon had issued it with any notices under section 179, and if so how many.
We also asked that, for each LECC notice submitted by Commissioner Lanyon, what reason he had given for issuing the notice.
The LECC responded:
“For operational reasons and in keeping with our secrecy obligations under Part 14 of our Act, the Commission cannot respond specifically to your questions regarding Operation Makalu and s179, including the number of notices issued by a Commissioner of Police under s179(2).”
“The Commission cannot respond specifically to…the number of notices issued by a Commissioner of Police under s179(2)” — LECC
The Klaxon put the same questions to Commissioner Lanyon on August 20. We received no response.
“(NSW Police) are unable to provide any further comment or response” — NSW Police
We approached NSW Police again yesterday.
NSW Police responded:
“The matters in relation to Anti-Herzog protests are subject of a LECC investigation, NSWPF are unable to provide any further comment or response”.
Regarding its investigation into allegations of police brutality on February 9, the LECC states it “expects” to conduct “some public hearings” in the “second half of 2026”.
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Thank you!
Anthony Klan
Editor, The Klaxon
