ARTICLE
7 August 2023

Recent report highlights the disproportionate use of force against indigenous Australians by the NSW police force

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O'Brien Criminal & Civil Solicitors

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O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
In a recent report, indigenous Australians were involved in approximately 45% of the recorded NSW police incidents.
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A recent data release from the Redfern Legal Centre reveals that Indigenous Australians were involved in approximately 45% of the recorded use of NSW police incidents. This is despite Indigenous Australians accounting for only 3.4% of the state's population.

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Disproportionate use of force data unveiled

The statistics from the Redfern Legal Centre show that out of 28,826 recorded use of force 'events,' 13,161 involved Indigenous individuals.

Common types of force

The most frequently employed types of force, regardless of whether the subject was Indigenous or non-Indigenous were

  • twrist locks,
  • arm restraints,
  • ground wrestling,
  • and takedowns

The Law Enforcement Conduct Commission Report

A Law Enforcement Conduct Commission report released in February 2023 pointed out significant concerns about the accuracy of the NSWPF's use of force record keeping. The review highlighted under-reporting of police using firearms, Tasers (Conducted Energy Devices (CEDs)), and capsicum spray in their database. More than 70% of the reviewed official police records contained errors, despite supervising officers' checks.

The importance of accurate record keeping

Having accurate records of police use-of-force is essential for multiple reasons. It allows for proper scrutiny of the frequency of force usage and the circumstances in which it is applied.

The way forward on disproportionate use of force

The released data and the Law Enforcement Conduct Commission report highlight the need for reforms to ensure accurate and comprehensive record-keeping.

In response to the report, the NSW Police Force committed to developing new policies, guidelines, and training to address the identified inconsistencies in use-of-force recording. However, more efforts are needed to ensure equitable treatment and transparency.

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