In 2017, the Ombudsman completed the fourth review of the NSW Police Force’s use of the preventative detention and covert search warrant powers in the Terrorism (Police Powers) Act 2002. This is the Ombudsman’s last review of the operation of this Act. Those review functions are being transferred to the newly-established Law Enforcement Conduct Commission.

The preventative detention powers in Part 2A of the Terrorism (Police Powers) Act 2002 were used for the first and only time in September 2014. In 2016, police were given new ‘investigative detention powers’ that effectively made the preventative detention powers redundant.

Our report recommends that the preventative detention powers be allowed to expire in December 2018 in accordance with their sunset clause.