The Law Handbook 2024

1138 NOTE The law in this chapter is current as at 1 September 2023. Introduction It is important that genuine grievances against police officers are reported so they can be investigated, and police oversight bodies are alerted to systemic issues. The majority of complaints against police officers are investigated by serving members of the police force. Some complaints are even investigated by police officers working at the same station as the police officer being complained about. While complaints about police officers can lead to disciplinary action and criminal charges for the officers, less than 10 per cent of complaints about police officers that are investigated by police officers are ‘substantiated’ (i.e. found to be true). In 2013, less than four per cent of assault complaints made against serving police officers were found to be true. A 2016 audit found that of the police complaint files audited, only nine per cent of investigations came to the conclusion that the complaint was true. For this reason and others, complainants are often dissatisfied with the complaint process and outcomes. In September 2018, the Victoria Parliament published a report following an inquiry into the external oversight of police corruption and misconduct. This report recommended several changes to the current system that might foster greater accountability for police officers. In May 2022, the Independent Broad-based Anti- corruption Commission ( IBAC ) Commissioner Robert Redlich publicly stated that staffing and funding limitations meant that IBAConly investigated about two per cent of police misconduct matters brought to its attention. The need for a review of external police oversight was also one of the recommendations made by the 2020 Royal Commission into the Management of Police Informants. Victoria’s Attorney-General has subsequently publicly stated that they are actively reviewing Victoria’s external police oversight system and has promised to implement all of the Royal Commission’s recommendations. At the time of writing, the result of the review had not been announced and no legislation reforming the police complaints system had been introduced to parliament. In September 2023, the Yoorook Justice Commission recommended that an independent, well-resourced Police Ombudsman be established to provide independent oversight of police. This recommendation is supported by a number of community organisations but is yet to be implemented by the Victorian Government. This chapter sets out the procedure for making a complaint, provides information to enable you to decide whether to lodge a complaint, and briefly outlines the types of court proceedings that can follow police misconduct. Police misconduct Police officers engage in misconduct when they abuse their position of power to act improperly or illegally. People who have experienced police misconduct often feel a sense of injustice and unfairness. Examples of police misconduct include: • excessive use of force, assault or manhandling; • inappropriate use of capsicum spray; • failing to act or investigate; • racial discrimination; • illegal searches; • unlawful arrest; • false imprisonment; 12.4 Complaints against Victoria Police Contributors: Jeremy King, Principal Lawyer, Robinson Gill Lawyers; and Nick Boag, Teaching Associate & PhD candidate, Faculty of Law, Monash University