Inquest into the death of Bradley Vincent Balzan

Case Number: 2020/365139

Date of Findings: 13 November 2025

Magistrate: State Coroner, Magistrate Teresa O’Sullivan

Catchwords: CORONIAL LAW – s 23 – death as a result of a police operation – police powers – stop and search – constructive detention – LEPRA – decision to engage in foot pursuit – use of lethal force by police – reasonableness – OC spray – shooting – body-worn video

Responses

Recommendations

To the Commissioner of Police

1. The NSW Police Force amend the BWV (Body Worn Video) Standard Operating Procedures to reflect that, in circumstances where BWV should have been activated but an officer failed to do so, the officer must record the reasons for non-activation, for example in the relevant COPS Event or in their police notebook.
2. a) The NSW Police Force mandate that, at a minimum, officers must activate BWV when using statutory powers, or when it is likely that an interaction may lead to the exercise of statutory powers, and
   
   b) The NSW Police Force reflect this policy in any future Standard Operating Procedures or Guidelines that mention BWV use.
3. The NSW Police Force include in any future BWV Standard Operating Procedures or guidelines a ‘definitions’ section which defines directions (e.g. ‘must’) and key terms (e.g. ‘operational policing’).
4. The NSW Police Force consider developing a standard operating procedure for the conduct of PACT patrols, including with respect to:
   
   a) General directions or guidance about constructive detention, the exercise of Section 21 powers (of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)), and the use of reasonable force in proactive patrol situations (including identifying whether, in certain circumstances, people should be informed that they are not mandated by law to stop and answer questions if they do not wish).
   
   b) General directions or guidance as to possible techniques, language, and actions that can be appropriately utilised in approaching and engaging persons on PACT (Partnership Against Crime Taskforce) patrols when powers of detention are not enlivened or being exercised.
5. The NSW Police Force review the training provided to officers assigned to PACT duties, and consider implementing training specifically for such officers, in relation to the conduct of PACT patrols, including with respect to:
   
   a) Instruction about constructive detention, use of reasonable force and the exercise of Section 21 powers (of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)) in proactive patrol situations.
   
   b) Instruction about how possible techniques or strategies in proactive patrol situations (language, approaches, etc) to minimise the risk of (i) constructive detention and (ii) escalation (including potential strategies to deescalate encounters).
   
   c) Use of practical scenario training in providing the above training, with consideration given to using scenarios where a person does not want to engage with police as part of scenario training. At the request of Bradley’s family, the scenario which led to Bradley’s death should not be used.
6. The NSW Police Force consider reviewing all use of force manuals (including the Tactical Options Use of Force Manual and the Oleoresin Capsicum Defensive Spray Manual) to ensure consistency in the inclusion of a direction to use communication as a tactical option and issue a clear verbal warning before deployment of other tactical options which involve the application of force, where reasonably practicable.
7. The NSW Police Force consider amending the relevant use of force manuals to authorise plain clothes police who have been trained in the use of tasers to carry and use tasers where appropriate, with specific consideration being given to the authorisation in this respect of officers assigned to PACT duties.