The Law Handbook 2024

1148 Section 12: Government and the individual The criminal act causing injury must be reported to the police for you to be eligible for compensation from VOCAT (www.vocat.vic.gov.au) . (See also Chapter 10.6: Assistance for victims of crime.) If the police officer has been convicted of a criminal offence, you can seek compensation under the Sentencing Act 1991 (Vic) (‘ Sentencing Act ’). It is important to seek legal advice quickly because you usually only have 12 months from the date of conviction to make an application. The same judge or magistrate that heard the criminal charges hears the Sentencing Act application. If successful, the police officer would be ordered to personally pay your compensation. Criminal charges against the police A variety of criminal actions can be taken against police officers. Police informants usually initiate criminal actions. Private citizens can institute summary criminal actions; this is known as private prosecution. IBAC can also initiate criminal prosecutions against police officers. Serious charges will not progress beyond the committal stage unless the Director of Public Prosecutions is prepared to take on the case. Criminal prosecutions against police officers, or anyone else, need to be proven beyond reasonable doubt. If you bring a charge against a police officer and are unsuccessful, you will probably have to pay the police officer’s legal costs. Costs can be substantial, so think carefully before embarking on such an action. You should seek legal advice before initiating private prosecution (see Chapter 2.4: Legal services that can help). Contacts Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711 Tel (national information service): 1300 656 419 (Monday to Friday, 10am to 1.30pm) Web: https://humanrights.gov.au A complaints form can be completed online. Independent Broad-based Anti-corruption Commission (IBAC) Level 1, North Tower, 459 Collins Street, Melbourne Vic 3000 Tel: 1300 735 135 Email: info@ibac.vic.gov.au Web: www.ibac.vic.gov.au A complaints form can be completed online or downloaded from the website; click on ‘Reporting corruption’ and go to ‘Complaint form’. IBAC prefers complaints to be made in writing. If attending the IBAC office in person, call first to make an appointment. Office of the Victorian Information Commissioner (OVIC) PO Box 24274 Melbourne VIC 3001 Phone: 1300 006 842 Email: enquiries@ovic.vic.gov.au Web: www.ovic.vic.gov.au Victoria Police – Aboriginal Community Liaison Officer Program Email: OFFICE-OF-CMDR-PSCD-MGR@police.vic.gov.au Web: www.police.vic.gov.au/aboriginal-community-liaison- officer-program Victoria Police – Freedom of Information Office Tel: 8335 5800 Email: foi@police.vic.gov.au Web: www.police.vic.gov.au/freedom-information Victoria Police – Professional Standards Command (PSC) Tel: 1300 363 101 Web: www.police.vic.gov.au/compliments-and-complaints A complaint form can be submitted online or downloaded. Victorian Equal Opportunity and Human Rights Commission (VEOHRC) Level 3, 204 Lygon Street, Carlton Vic 3053 Tel: 1300 292 153 Email: enquiries@veohrc.vic.gov.au Web: www.humanrights.vic.gov.au