What investigative powers does the IPCC lack compared to previous proposals?

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The IPCC Act 2020 Omits Crucial Investigative Powers from Previous Proposals

The Independent Police Conduct Commission (IPCC) Act 2020, which came into force on July 1, 2023, significantly falls short of earlier proposals, particularly concerning investigative powers. Unlike the Independent Police Complaints and Misconduct Commission (IPCMC) Bill of 2005 and the IPCMC Bill of 2019, the current Act does not include provisions for search and investigation powers. Furthermore, these essential powers, which were granted to the Enforcement Agencies Integrity Commission (EAIC), have also been excluded from the IPCC's mandate under the 2020 Act.
Exclusion of Search and Investigation Powers

A key deficiency in the IPCC Act 2020 is the absence of search and investigation powers that were present in the IPCMC 2005 Bill. This omission limits the commission's ability to conduct thorough inquiries into police misconduct. The lack of these foundational investigative tools hinders the IPCC's effectiveness in its role of ensuring police accountability.
Disparity with EAIC's Authority

The investigative powers afforded to the Enforcement Agencies Integrity Commission (EAIC) are notably absent in the IPCC Act 2020. While the EAIC is equipped with the necessary authority for search and investigation, the IPCC is not granted similar capabilities under the current legislation. This disparity raises concerns about the IPCC's capacity to operate with the same level of investigative potency as other integrity bodies.
Limited Scope of Misconduct Investigation

Beyond the lack of direct investigative powers, the IPCC Act 2020 also restricts the scope of misconduct that the commission can investigate. Provisions within Section 96 and Section 97 of the Police Act 1967, which cover a wide range of minor and major misconducts as prescribed by the Inspector General’s Standing Orders (IGSO’s), are explicitly excluded from the IPCC's purview. This exclusion means that the IPCC would have a significantly reduced mandate, as the majority of potential misconduct cases would fall outside its jurisdiction.

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What investigative powers does the IPCC lack compared to previous proposals?

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