Victoria's Leading Police & Prison Misconduct Lawyers

Holding police, prisons and public authorities accountable

Robinson Gill Lawyers acts for people who have suffered harm as a result of police misconduct, prison misconduct and other abuses of power by state authorities.

Our Police and Prison Misconduct team represents clients in civil claims, coronial inquests and accountability matters involving Victoria Police, Corrections Victoria, prison operators and other government agencies entrusted with significant powers.

Claims involving police misconduct and prison misconduct are unlike most other civil claims. They often involve allegations against government agencies and public authorities with significant resources and access to evidence. These matters can be legally complex and require careful investigation to establish what occurred and who may be responsible.

Police and prison misconduct can arise in many different circumstances. In police matters, claims may involve assault, excessive force, wrongful arrest, false imprisonment, malicious prosecution or other unlawful conduct. In prison matters, claims often arise where prison authorities fail to protect a prisoner, fail to provide appropriate medical care or otherwise breach their duty of care.

Led by Principal Lawyer Jeremy King, our team has extensive experience acting in matters involving police accountability, prison claims and state misconduct. We regularly work at the intersection of civil litigation, human rights, criminal law and public law, helping individuals and families navigate some of the most challenging circumstances they may face.

Whether you have suffered a physical injury, psychological injury, loss of liberty or other harm as a result of unlawful conduct or negligence, our team can advise you on your legal options and whether you may be entitled to compensation.

Police misconduct claims

If a police officer acts outside of their powers or breaks the law, you may be able to bring a claim for compensation.

Police misconduct claims can arise in a range of circumstances, from excessive force and unlawful arrest through to malicious prosecution and negligence. Depending on the circumstances, claims may involve physical injury, psychological injury, reputational damage or the loss of a person's liberty.

Assault & excessive force

Police are only permitted to use force in specific circumstances. You may have a claim if force was used unlawfully or disproportionately against you.

This may include punching, kicking, striking a person with equipment, the use of capsicum spray, tasers, police dogs or threats of force. Whether force was lawful will depend on the circumstances and the powers available to police at the time.

False imprisonment and wrongful arrest

You may have a claim if you were arrested or detained without lawful authority.

These claims arise where a person has been deprived of their liberty without proper legal justification, including circumstances where police have exceeded their powers or acted without reasonable grounds.

Malicious prosecution

You may be able to bring a claim if criminal charges were pursued against you without a proper basis.

These claims are very complex and often arise where criminal proceedings have been initiated or continued for an improper purpose and despite a lack of evidence.

Negligence

Police owe duties of care in a variety of circumstances, particularly where a person is in police custody or under police control.

Where police fail to take reasonable steps to protect a person's safety or wellbeing and that failure results in injury or loss, a negligence claim may exist.

Misfeasance in public office

Misfeasance in public office is a complex legal claim involving the deliberate misuse of public power.

These claims may arise where a police officer knowingly acts beyond their powers or exercises those powers improperly, causing harm to another person.

Prison misconduct claims

Prison authorities and prison operators have legal obligations to protect the health, safety and wellbeing of people in their care.

When those obligations are breached and a prisoner suffers injury, illness or other loss, it may be possible to bring a claim for compensation. Depending on the circumstances, claims may be brought against the prison operator, Corrections Victoria, a prison healthcare provider or another responsible party.

Prison misconduct claims are often legally complex and require careful investigation. They frequently involve obtaining prison records, medical records, incident reports and other evidence to establish what occurred and whether appropriate standards of care were met.

Negligence

Many prison claims are brought on the basis of negligence. To succeed in a negligence claim, it is generally necessary to establish that:

the prison or relevant authority owed you a duty of care;
the duty of care was breached; and
that breach caused injury, loss or damage.

These claims can be difficult to prove and often require detailed evidence regarding prison practices, risk management procedures and medical care.

Failure to provide appropriate medical care

Prison operators and healthcare providers are responsible for ensuring that prisoners have access to appropriate medical treatment.

Claims may arise where medical treatment is unreasonably delayed, denied or inadequately provided, resulting in injury or deterioration in a person's condition.

Excessive force and unlawful conduct

Corrections officers are permitted to use force only in certain circumstances.

Where force is used unlawfully, excessively or without proper justification, a prisoner may have legal rights against those responsible and, in some circumstances, the prison operator itself.

Do I have a claim?

Importantly, you do not need to have suffered a physical injury to bring a claim. Many successful claims involve psychological injury, loss of liberty or other harm resulting from misconduct or negligence.

If you're unsure whether you have a claim, we recommend speaking with a lawyer as soon as possible. Early legal advice can assist in preserving evidence and identifying the most appropriate course of action.

You may have a claim if you have experienced:

excessive force by police or corrections officers

wrongful arrest or unlawful detention

malicious prosecution

injury while in police or prison custody

failure by prison authorities to protect you from harm

inadequate medical treatment while incarcerated

other unlawful conduct by police, prison authorities or government agencies

How the claims process works

Many people are unsure what happens after they decide to pursue a police misconduct or prison misconduct claim. These matters can be complex and often take time to investigate and resolve.

While every matter is different, most claims follow a similar process:

Investigation and evidence gathering

The first step is understanding what happened and gathering the available evidence. This may include:

witness statements
medical records
prison records
body-worn camera footage
CCTV footage
Freedom of Information (FOI) requests
financial records
criminal proceeding material

During this stage, we assess the available evidence and advise you on the prospects of your claim.

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Commencing the claim

If appropriate, a claim is prepared and filed against the relevant defendant. Depending on the circumstances, this may include:

the State of Victoria
Victoria Police
a prison operator
a prison healthcare provider
another responsible authority

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Negotiation and early resolution

Many matters resolve before reaching trial. Settlement discussions may occur at various stages of the process and can include informal negotiations, settlement conferences or mediation.

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Litigation and mediation

If the matter cannot be resolved early, it may proceed through the formal litigation process. This can involve exchanging documents, obtaining expert evidence, issuing subpoenas and participating in court-ordered mediation.

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Trial and outcome

If a settlement cannot be reached, the matter may proceed to trial where a court determines the outcome. While most matters resolve before trial, our team has extensive experience conducting complex litigation and advocating for clients through every stage of the process.

Free Resource

Understanding the Process for Police and Prison Claims in Victoria

For a more detailed overview of the process, download our Police and Prison Claims Process Flowchart.

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When can I bring a claim?

Strict time limits apply to police misconduct and prison misconduct claims. In many cases, you will have three years from the date of the incident to commence legal proceedings. However, the applicable limitation period will depend on the nature of the claim and the circumstances involved.

Because delay can affect both your legal rights and the availability of evidence, it is important to obtain legal advice as soon as possible.

If you are unsure whether a limitation period applies to your circumstances, our team can advise you.

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When should I speak with a lawyer?

You should speak with a lawyer as soon as possible after any incident involving police misconduct or prison misconduct. Early legal advice can be important in preserving evidence and protecting your rights.

Depending on the circumstances, relevant evidence may include CCTV footage, body-worn camera footage, prison records, medical records, witness statements and other material that can become more difficult to obtain as time passes.

These matters often involve government agencies and large institutions with significant resources. Early investigation can assist in identifying the relevant evidence, assessing the strength of a claim and ensuring important deadlines are not missed.

Our team can advise you on the options available, whether that involves pursuing compensation, participating in a coronial inquest, making a complaint or taking other legal action.

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Complaints and alternatives

If you have concerns about the conduct of police officers, corrections officers or prison authorities, there may be alternatives to commencing legal proceedings. Depending on the circumstances, you may be able to make a complaint to:

Police matters

Victoria Police Professional Standards Command
Independent Broad-based Anti-corruption Commission (IBAC)
Integrity Oversight Victoria
Commonwealth Ombudsman (for Australian Federal Police matters)
Victorian Equal Opportunity and Human Rights Commission
Australian Human Rights Commission

Prison matters

Corrections Victoria
Victorian Ombudsman
Victorian Equal Opportunity and Human Rights Commission
Australian Human Rights Commission

In some circumstances, pursuing a complaint may affect future legal action. For this reason, we recommend obtaining legal advice before making a complaint or accepting any offer of resolution.

No win, no fee

Our team offers no win, no fee arrangements in many police misconduct and prison misconduct matters.

Speak with a lawyer

If you believe you have experienced police misconduct, prison misconduct or another form of unlawful conduct by a public authority, our team can help.