Police misconduct

Complaints may relate to police misconduct, corruption, discrimination, or to administrative matters such as freedom of information. Complaints can be oral or in writing and must be supported with carefully recorded evidence. Complaints are investigated by the Independent Broad-based Anti-corruption Commission (IBAC) or by the police. Whether or not to make a complaint, and when, should be carefully considered. Legal advice should be sought before making a complaint, especially if charges are pending or when pressing charges or suing police for damages.

Government and the individual

Contributors

Jeremy King

Principal Lawyer, Robinson Gill Lawyers

Nick Boag

Solicitor, Robinson Gill Lawyers

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;
malicious prosecution (i.e. lodging criminal charges for an improper reason);
unlawful release to the public of confidential information retained by Victoria Police.