A NSW Police officer found to have engaged in "serious misconduct" when he repeatedly touched a restrained, sedated Aboriginal teenager on the nipple should be charged, the Aboriginal Legal Service says.
An inquiry into the misconduct recommended administrative punishments, including coaching or restricted duties, but the ALS wants the officer to face criminal charges.
The findings were part of the NSW Law Enforcement Conduct Commission's investigation that was released on Tuesday, following an investigation during which the officers involved were shown footage of the incident.
In the footage, the officer is seen repeatedly touching the teenager on the nipple and making "turkey gobbler" noises as fellow officers laughed along.
"The officer alleged to have inappropriately touched the young person's nipple conceded that the footage clearly depicted him doing so whilst laughing along with other officers," the LECC said.
The investigation was triggered following a complaint from the ALS on behalf of the boy, who was 15 when the incident occurred in February last year.
"This behaviour is cruel and dehumanising, and the response from these other officers demonstrates an even bigger problem in the culture of NSW Police," ALS NSW/ACT chief executive Karly Warner said.
"When this is the way Aboriginal children are treated by police, it's no wonder there is a lack of trust in the community."
The teenager was restrained, sedated, and his face covered with a towel on an ambulance stretcher when the officer repeatedly touched his exposed nipple, the LECC reported.
Police later accused the teen of assaulting police, a charge that was dismissed by a magistrate.
The ALS said the teenager was being transported to hospital due to mental health and self-harm concerns.
When officers were shown footage during the LECC examination they conceded they were laughing and it was inappropriate of them to do so.
Investigators concluded those who laughed were not deemed to have engaged in misconduct themselves.
A separate allegation of excessive force preceding the inappropriate touching was not upheld by the LECC.
"The officer ... explained that the use of force was to prevent the young person, who had threatened and was preparing to spit on the officer, from doing so," the LECC said.
However it was satisfied the repeated touching of the 15-year-old's exposed nipple while making a noise like a gobbling turkey and laughing with other officers amounted to serious misconduct.
It recommended the police commissioner consider taking "non-reviewable action", which can range from coaching and mentoring, through to warnings, reprimands and restricted duties for the officer.
Ms Warner said the office was not fit to be in any position of power over others.
"We expect the officer to be terminated from the police force immediately, and for criminal charges to follow," she said.
