Use of Force, Culture, and Security: A Deepening Crisis in Australian Policing

A series of recent reports, investigations, and court cases have documented incidents involving the use of force by police officers, as well as cultural issues within police organizations, primarily focusing on New South Wales (NSW) Police. The reports span individual cases of alleged assault, a security vulnerability in police equipment, calls for policy changes, and a formal review of workplace culture.

In the last financial year, NSW Police paid a record $40 million in settlements and legal costs from 478 civil suits.

Individual Cases of Alleged Excessive Force

Several specific incidents of police interactions with members of the public have resulted in court findings, charges against officers, or financial settlements.

Assault of Jodi Knott

In October 2024, NSW Police officers Senior Constable Nathan Black and Constable Timothy Trautsch were jailed for assaulting Jodi Knott, a 48-year-old woman with schizophrenia. The incident occurred in 2023 in Emu Plains, 300 meters from the Amber Laurel Correctional Centre, on the day of her release.

Court findings stated that Knott was naked and experiencing a psychotic episode due to being off her medication. Body-worn camera footage showed the officers deploying pepper spray twice, kicking and stomping on Knott, dragging her by the hair, and spraying pepper spray on her grazes and face.

Black was sentenced to a non-parole period of three years and three months, and Trautsch received a three-year sentence.

Knott died of cancer 18 months after the assault.

Arrest of Brad Kellson

On November 13, 2021, in Blacktown, NSW, police arrested Brad Kellson, 38, outside a pub. At the police station, Leading Senior Constable Mark Davis kneed Kellson five times while he was pinned to the ground, fracturing multiple ribs and causing a punctured lung.

A magistrate found that officers colluded in writing statements, and a District Court judge found that police attempted to "patch up" their case through collusion and false evidence. NSW Police cleared all officers after an internal investigation. A subsequent 2024 investigation by the Law Enforcement Conduct Commission (LECC) cleared officers of dishonesty but resulted in "management action." Davis remains a police officer. Kellson received a confidential financial settlement from NSW Police.

Arrest of Tom Starling

In December 2020, Canberra Raiders player Tom Starling was arrested at a 21st birthday party on the NSW Central Coast. Detective Sergeant Kurt Hayward reviewed CCTV footage that showed Sergeant Evan Prowse and Senior Constable Steven Brown punching Starling while he appeared unconscious.

Hayward reported the incident, leading to an internal investigation and the withdrawal of most charges against Starling. The final charge was dismissed in February 2023. In 2024, Prowse and Brown were charged with assault; both pleaded not guilty, and their trial is scheduled to begin. Starling plans to sue the police after the criminal case concludes.

Taser Use Incidents

An investigation by Four Corners documented cases of taser use in Australia. One case involved Stephen, a farm owner with an acquired brain injury, who was tasered multiple times and pepper sprayed in Shepparton. He was not charged and received a $250,000 settlement from Victoria Police.

Another case involved Tiejwana, a 16-year-old girl with multiple disabilities, who was tasered at a special school in Townsville in 2020. She was not charged, and an internal police investigation cleared the officers of misconduct. Her family has filed a lawsuit against Queensland Police.

Data from NSW, Victoria, and Queensland shows increases in taser incidents. In NSW, incidents more than doubled in the last three years; Victoria's 2024 incidents doubled; Queensland's use rose a third in five years. Four Corners identified 18 cases since 2002 where a person died after being tasered by police. In the last five years, six people died, including 95-year-old Clare Nowland in 2023.

Security Vulnerability in Axon Devices

A security researcher discovered a Bluetooth Low Energy (BLE) security flaw in Axon-manufactured tasers and body-worn cameras used by Australian police forces. The flaw allows the devices to be tracked due to fixed MAC addresses, which can be detected from up to 400 meters away using publicly available apps.

The researcher alerted multiple police agencies in 2024 but initially received no response. Following a Four Corners report, Victoria Police issued a safety alert describing the risk as "high" and instructed officers to disable Bluetooth and deactivate cameras during covert operations.

The researcher stated the vulnerability is a hardware issue that cannot be patched. Axon’s trust and security page acknowledges that Bluetooth and Wi-Fi signals can be detected.

Policy and Cultural Reviews

Mandatory Body-Worn Camera Activation

NSW Police is proposing mandatory activation of body-worn cameras for sworn officers, requiring them to record whenever using police powers or any level of force. Currently, activation is discretionary.

The proposal follows a review of standard operating procedures initiated after a Four Corners investigation. Assistant Commissioner Peter Cotter stated the report showed police "at our worst." The proposal has not yet been formally agreed to by the Police Commissioner.

NSW Police Culture Review

An independent review of the NSW Police Force, led by former Victorian human rights commissioner Kristen Hilton, found "unacceptable levels" of bullying, discrimination, and sexual harassment.

The review surveyed over 5,100 employees and found that:

• 30% reported being bullied in the past five years
• 25% reported discrimination
• 9% reported sexual harassment
• 1% reported sexual assault

Women, First Nations staff, people with disabilities, non-English speakers, and LGBTQI+ employees were most commonly targeted. The report noted that many employees feared career repercussions for reporting incidents.

Commissioner Mal Lanyon accepted all 29 recommendations, which include increasing leadership diversity, improving complaint processes, and enhancing mental health support.

Data on Litigation and Taser Use

• In the last financial year, NSW Police paid a record $40 million in settlements and legal costs from 478 civil suits.
• Data from NSW, Victoria, and Queensland shows increases in taser incidents. In NSW, incidents more than doubled in the last three years; Victoria's 2024 incidents doubled; Queensland's use rose a third in five years.
• Four Corners identified 18 cases since 2002 where a person died after being tasered by police. In the last five years, six people died, including 95-year-old Clare Nowland in 2023.