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.

Contributors

Jeremy King

Principal Lawyer, Robinson Gill Lawyers

Nick Boag

Solicitor, Robinson Gill Lawyers

Independent Broad-based Anti-corruption Commission

The Independent Broad-based Anti-corruption Commission (IBAC) is a statutory authority established by the Independent Broad-based
Anti-corruption Commission Act 2011
(Vic). 

IBAC has jurisdiction to investigate corruption, and the conduct and misconduct of police officers. However, the majority of police misconduct complaints received by IBAC are referred back to Victoria Police for investigation.

IBAC is more likely to investigate a complaint if:

  • the complaint is against a very senior police officer;
  • the complaint relates to serious problems with police practices or procedures;
  • the complaint relates to a systemic issue (e.g. multiple complaints about one police station);
  • the complaint relates to corruption;
  • the complainant has objective evidence depicting the alleged police misconduct (e.g. CCTV footage or footage captured on a mobile phone);
  • IBAC thinks it is in the public interest for it to investigate the complaint.

IBAC has extensive investigatory powers and can even hold public hearings. IBAC also has an oversight function and can monitor investigations into police misconduct conducted by the Victorian Police.

For IBAC’s contact details, see ‘Contacts’ at the end of this chapter.

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