Greens MP Sue Higginson has made a formal complaint to the Law Enforcement Conduct Commission (LECC) alleging misconduct by police officers involved in the arrests in Belmore on 27 June 2025, and the invocation of emergency powers in arrest documents.
The extraordinary emergency powers designed to quell riots and other situations that give rise to a serious risk to public safety are purportedly to have been invoked in justifying the arrest of Hannah Thomas, where she was significantly injured by police, at a peaceful pro Palestine community assembly. The powers were introduced following the Cronulla Riots in 2005, and can only be used after an authorisation is given by an Assistant Commissioner or above of the NSW Police. When an officer exercises these powers after being authorised, any person given the direction must be informed that the direction is to prevent or control a public disorder.
Greens MP and Spokesperson for Justice Sue Higginson said "The appearance of these emergency powers on the arrest documents for Hannah Thomas is very revealing and deeply concerning, considering that an Assistant Commissioner or above must have authorised their use and that they must have believed that a large-scale public disorder was about to take place."
"The other possibility for these emergency powers to be mentioned, is that the NSW Police are currently engaging in reverse engineering evidence to justify the assault of an innocent member of the community - something that we call corrupt."
"At no point over the last 10 days have any of the Police, the Premier, or the Minister for Police referred to public disorder, let alone large-scale public disorder. What we have seen instead, is a series of statements from the Premier Chris Minns and Assistant Commissioner Brett McFadden that are inconsistent with the evidence from the day, evidence clearly shows that police officers acting above the law."
"There was no evidence whatsoever to form the basis to invoke the extraordinary police community control powers, the event was intended and was in fact a small lawful gathering of people protesting about SEC Plating and the genocide taking place in Gaza."
"The LECC is responsible for investigating complaints of misconduct against police officers, and that's why I have written to the Commissioner of the LECC today, making a complaint to them that certain police officers have engaged in serious misconduct in relation to these arrests."
"It is the responsibility of the Commissioner for Police to notify the LECC if they suspect serious misconduct has occurred by a police officer, but the law allows for any person to make a formal complaint as well - I have taken this step today because the evidence here points to an active attempt to reverse engineer a justification for unlawful actions by the police."
"The criminal and civil justice processes will continue for the survivors of this incident, but the evidence of serious misconduct by some officers in the NSW Police must be investigated independently by the LECC. Without accountability, the use of extraordinary emergency powers unlawfully is a significant step towards unjustified and unlawful punishment of legitimate and genuine peaceful protest, and will have a chilling effect on our constitutional right to political expression," Ms Higginson said.