Law Enforcement (Powers and Responsibilities) Regulation 2016

When giving a direction under sections 197 and 198 of the Act, police officers must comply with the safeguard requirements set out in Part 15 of the Act.

The key safeguards in Part 15 of the Act are as follows—

a police officer must provide evidence that the police officer is a police officer (if not in uniform) and provide the officer’s name and place of duty and the reason for the exercise of a power to which Part 15 of the Act applies (see section 202 of the Act),

a police officer must warn a person that the person is required by law to comply with a direction, requirement or request that the officer has given or made in exercising a power to which Part 15 of the Act applies (see section 203 of the Act),

a person does not commit an offence under the Act of failing to comply with a direction, requirement or request given or made by a police officer under or in connection with a power to which Part 15 applies unless the obligations under that Part are complied with when exercising the power (see section 204B of the Act).

In addition, when a police officer gives a direction under section 198 of the Act (being a direction on the grounds that the person is intoxicated and disorderly in a public place), the officer must warn the person that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the direction is given. This warning is in addition to any warning required under Part 15 of the Act.

Police officers are also encouraged to consider the other relevant legislation and the NSW Police Force Code of Conduct and Ethics in determining what action is appropriate. Finally, a police response may be guided by NSW Police Force operational policies and procedures and the NSW Police Force Handbook.