The New South Wales police watchdog has recommended that the state's officers "must" activate their body-worn cameras at any incident where they are likely to use their powers.
The Law Enforcement Conduct Commission (LECC) conducted a review into NSW Police Force body-worn video (BWV) policy and practice, with its final report tabled in state parliament on Wednesday afternoon.
Despite a requirement to wear the cameras, officers in NSW are currently instructed that they "should" rather than "must" turn on the devices in certain circumstances.
Under current guidelines, it remains up to the discretion of the attending officer to 'use their judgement' whether to turn the device on or not.
The commission's report made 15 recommendations against a backdrop of serious police incidents where officers did not activate available body‑worn cameras, which in some cases meant "crucial" evidence was missing from criminal or coronial investigations.
The key recommendation from the review urged NSW Police to "simplify its current policy, to make clear that officers 'must' activate body-worn cameras, at a minimum, when exercising police powers, or, when it is likely that an interaction may lead to the exercise of police powers".
Officers not activating BWV, review finds
During the review, the commission found several incidents where attending officers wore BWV but did not activate it, and other occasions where multiple officers wore BWV but only some officers activated their cameras.
They also found incidents where officers failed to activate their BWV from the incident which resulted in "the absence of compelling evidence, which would have otherwise been relevant in criminal and misconduct proceedings".
One of the cases examined during the review was that of 41-year-old Steven Pampalian, who was shot dead by police on Sydney's lower north shore in May 2023 .
The officers involved claimed Mr Pampalian lunged at them with two large knives before they were forced to shoot him, but the officer's body worn camera was not switched on until after he was killed.
Following his death, Mr Pampalian's family called for the same change to police procedures, making it mandatory for officers to turn on their cameras when they arrive at a scene.
The commission also recommended that body-worn camera footage be made available for members of the public who make complaints about police misconduct.
Other recommendations also included that officers be required to record their reasons for not activating their BWV in these circumstances or if they prematurely deactivate their device, and require that if multiple officers attend an interaction, all officers must activate their BWV cameras.
Activating BWV when using police powers is already mandatory in Queensland, Victoria, Tasmania, Northern Territory and South Australia.
In a statement, NSW Minister for Police and Counterterrorism Yasmin Catley said the state's police force was currently considering the LECC's report as part of a current review into BWV stand operating procedures.
She added that NSW Police "will provide a response to the recommendation in due course".
"Body-worn video is an important tool for NSW Police officers, allowing them to record incidents or events where visual and audio evidence may support an investigation," she said in a statement.
In a statement, NSW Police said it would "consider the contents of the report and the recommendations made by LECC".