BALLINA — New South Wales police failed to meet minimum policing standards in response to a 2023 emergency call in Ballina, where officers did not exit their vehicles during a search for an assault victim who was later found dead. The Law Enforcement Conduct Commission concluded that the police response to the emergency call was inadequate.

At 7 p.m. on January 3, 2023, police received a triple zero call reporting a woman was being attacked behind a Salvation Army building in Ballina. Robert Huber walked into the Ballina police station almost six hours later, stating he believed his partner, Lindy Lucena, was dead. Huber then led officers to a covered area adjacent to the Salvation Army building, where they found Lucena's body.

The commission found no serious misconduct against the responding officers. The decision by two responding officers to remain in their vehicles did not constitute a criminal offense or warrant serious disciplinary action, but it did fail to meet minimum policing standards. The emergency call was broadcast seven minutes after it was logged due to a dispatch assistant's error. The officers arrived at the scene 45 minutes after the first broadcast, drove along the street for three and a half minutes, and reported seeing nothing. The commission noted the responding officers assumed the assault was not serious because only one caller reported it.

The commission concluded it could not determine whether exiting the vehicles would have prevented Lucena's death. Acting assistant commissioner Tracy Chapman considered declaring Lucena's death a critical incident investigation, but did not document the decision on a P1179 form. The commission found that the police force gave a misleading response when asked about the existence of this form.

Police Commissioner Anina Johnson said, "One of the challenges of policing is that any one job may mean the difference between life and death. But for police on the ground, it may not be clear which job that will be. All jobs need to be done diligently."

The commission recommended an urgent review of radio room operations and critical incident guidelines. The investigation by the commission was initiated after concerns were raised by Lucena's family and Greens MP Sue Higginson.