In early June, an ABC Four Corners investigation into NSW Police showcased first-hand accounts of police using excessive force against the public.
These stories alleged an internal police culture that willingly covered up wrongdoing to evade accountability.
This is not a novel concept. The 1997 Wood Royal Commission revealed the same cultural deficits in New South Wales.
With a sharp rise in complaints and civil suits against NSW Police since 2020, these issues have gained a renewed focus.
In response to the ABC's reporting, NSW Police committed to making the use of body-worn cameras mandatory whenever a police power is used or force is initiated.
The policy would align with all other Australian states and territories, except for Western Australia.
Why police are turning to body cameras
There are many purported benefits associated with an increased use of body cameras. One important 2014 experiment found police who wore body cameras were significantly less likely to use force in California in 2012-13.
There is also evidence that body cameras reduce complaints against police - including in NSW . However, this may be due to a decline in false reports and/or those without merit, rather than a reduction in misconduct .
Recorded footage also provides advantages in police evidence-collection , assisting with the prosecution of offenders.
However, it is clear NSW Police views this as a meaningful step in addressing the allegations documented in the ABC report.
While some recent evidence suggests body camera incident footage increases substantiation rates (that is, how often a complaint is proven to be true), there are still questions about their impact on improving police accountability systems.
Activation policy and police compliance
While earlier experiments showed reductions in use of force incident rates, replication studies found mixed results .
This is due to the role of discretion.
Even with mandatory recording policies, the activation of body cameras is still discretionary in nature. The effect these cameras have on policing is dependent on officers turning on their cameras, and facing consequences if they fail to record.
Compliance is also a key issue. A 2022 Victorian Auditor-General Office's report found body cameras weren't activated in nearly 18% of incidents that required it. The report also found there are still no mechanisms to track officer use and compliance.
The internal penalties for failing to record remain unclear. In Victoria, calls to increase scrutiny of officer compliance were rejected by Victoria Police .
If failures to follow mandatory recording policies are not closely monitored or sufficiently punished (as in Victoria), then any benefits are at risk.
The importance of storage and access
The storage and access of body footage is controlled by police. This puts the footage at risk of corruption from within.
There is a history of police - both in NSW and internationally - allegedly destroying or tampering with incident footage to cover-up wrongdoing.
In 2024, Operation Bendoc found a NSW officer destroyed two body cameras following the use of excessive force. Four officers with knowledge of this allegedly failed to report it.
In 2023, the BBC reported on more than 150 misuses of body cameras in England and Wales. This included footage being lost, deleted or not marked as evidence.
Police in England and Wales also rarely release footage in response to Freedom of Information requests, prompting a change in policy .
Public access to footage was also a known issue in Victoria until a legislative change in 2021 .
Even today, getting access to footage can be difficult , with police oversight bodies experiencing delays in response .
When police investigate police
One of the cases in the recent ABC report also exemplifies the reality of internal investigations.
Police had access to both body camera and station CCTV footage that showed police appearing to assault Brad Kellson .
Yet, NSW Police cleared the officer of wrongdoing - both for excessive use of force and for dishonesty. This is despite a magistrate Magistrate finding there had been "clear" and "deliberate" collusion between some officers.
This is not isolated to NSW.
In 2015, Yvonne Berry was assaulted by Victoria Police on police station CCTV. While a criminal case would eventually find the offending officer guilty in 2019 , the internal investigation cleared the senior constable of wrongdoing.
Research has shown for decades that internal affairs models are ineffective . Even in jurisdictions with compulsory recording requirements, the internal bias and conflict of interest that comes with police investigating other police are still evident.
What solutions could there be?
While the commitment to compulsory body camera recording is a welcome and necessary change, it fails to address the root causes.
Stronger structural reforms are needed in how police complaints are handled.
Without addressing the inherent conflicts of interest associated with the internal affairs model, this culture of impunity will likely remain pervasive.
Instead, we need civilian control of the police complaint system, such as the police ombudsman in Northern Ireland .
Michael Cain does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
