The Law Handbook 2024

1146 Section 12: Government and the individual Outcomes of an investigation into police misconduct Decision Meaning Substantiated The evidence supports the complaint; therefore, the complaint is considered to be true. Not substantiated The evidence supports the police officer’s version of events. Unable to determine The investigator is unable to determine whether or not the complaint is true based on the available evidence. Not proceeded with The complainant was unwilling to supply information but has not withdrawn the complaint. Withdrawn The complainant withdrew the complaint. No complaint (sanctioned by law) The conduct complained about is permitted by law. No complaint (denied by alleged victim) A third party lodged the complaint and the victim denies the allegation. Unfounded The available evidence establishes there is no ground for the complaint. Exonerated The available evidence establishes that the police officer was not involved or is completely free from blame. Lesser deficiency A fault or issue has come to the investigator’s attention but was not part of the original complaint (e.g. incomplete paperwork). False report There is evidence that the complainant made a false report. If your complaint is substantiated – or if the investigation uncovers matters not raised by the complainant that indicate impropriety on the part of the police officer – the police decide whether or not to discipline, caution or counsel the police officer. Getting more information about the investigation If your initial complaint was lodged with the PSC (and not IBAC), you can access documents about the investigation of your complaint through the freedom of information process (see ‘Where to complain: Misconduct complaints’, above, for an explanation about why you may not get access to documents if your initial complaint was made to IBAC). The freedom of information process is outlined in Chapter 12.3: Freedom of information law, and in ‘Supporting your complaint with freedom of information documents’, above. In your freedom of information application, ask for copies of all documents relating to the initial incident, and for a copy of the PSC file about your complaint. Review of the decision If you are unhappy with a decision made by the PSC, you can ask IBAC to review the decision. If you are unhappy with a decision made by IBAC, you can request an internal review of the decision. An IBAC officer who is independent of the original decision- maker will conduct the internal review. Civil proceedings and claims for compensation Seek advice first If you have been wronged by a police officer(s) (e.g. assaulted or wrongly detained), you may wish to take legal action by initiating civil proceedings for police misconduct. To do this, seek advice from a community legal centre or from a private solicitor (see Chapter 2.4: Legal services that can help). Suing for police misconduct: A case in tort law Suing the police is one way of holding Victoria Police accountable. It is also a way for people who have been harmed by police misconduct to obtain significant redress for their injuries (both physical and psychological). To sue for police misconduct, you must have a ‘cause of action’, which is a legally recognised category of wrongdoing. Police misconduct claims are usually made under an area of the law called ‘tort law’. These claims commonly include: 1 Assault and battery : this is generally defined as the unlawful application of force. Force is unlawful if it is excessive.