Victoria Police's complaints system has recently come under scrutiny, in the wake of the Parliamentary Inquiry into external police oversight, IBAC audit, and recent media attention.
The cases of John, Jessie Scarlett-Rhodes, Jia Meeks, Jennifer Henry, Nuala Tobin and many unnamed others demonstrate in myriad ways, the shortcomings of the current complaints system. You can read about their cases and the advocacy work being done to address the systemic police issues here:
Jessie Scarlett-Rhodes made multiple formal complaints about an altercation she had with police, none of which were substantiated by internal investigators. Jessie then commenced civil proceedings against the State of Victoria in the County Court. A judge ultimately awarded her damages, plus aggravated damages relating to police’s treatment of Jessie. The complaints system, by contrast, found that the officers in question had acted appropriately throughout the incident.
Similarly, internal investigators deemed police's actions "appropriate and in accordance with the law", after viewing CCTV footage that showed an officer beating an unarmed, restrained man at a pharmacy in the course of his arrest (article above). The man was later taken to hospital for his injuries.
The recent IBAC report released following an audit of 142 Victoria Police complaint files, found that police failed to consider relevant evidence, such as witness statements, in more than half of cases. A third of the investigations were not adequately supervised and IBAC also identified deficiencies in police's management of conflicts of interest when allocating officers to investigate complaints against other police.
IBAC's findings reflect our clients' experiences with the current complaints system. Several of our clients who have submitted complaints to Victoria Police report being subsequently charged by police over matters that are the subject of their complaints. This has contributed to the public's reluctance to engage with the current system.
The IBAC Parliamentary Committee is currently considering external oversight and investigation of police corruption and misconduct in Victoria. The Committee is collecting evidence and assessing current oversight practices in Victoria. The Committee will review submissions and make findings as to the current Victorian model.
Our clients' cases reflect public distrust in the system. Their experiences highlight the need for an independent body to investigate police misconduct.
Our formal submissions to the Committee set out the system's shortcomings, and recommend ways forward that lend greater consideration to complainants' rights, and champion independent oversight.
The IBAC Parliamentary Committee is due to report on its findings by 30 June 2018.