Injury

Police Misconduct

We Help...

When you have suffered an injury due to Police misconduct, the process of making a claim can often be stressful and complicated. Our team of Injury Law Accredited Specialists will work with you to ease the burden of making a legal claim and help you on the road to recovery:

  • We acknowledge that every client’s circumstances are unique and we tailor our approach based on your individual needs.
  • We help you with payment of wages and access to medical services. Our team will work collaboratively with you and your medical team to make things right and get you moving again.
  • We handle all the paperwork and problems and work with you to ensure that all issues are resolved as quickly as possible so that you can focus on recovery.
  • We offer client advocacy and case coordination to help you with access to services and funding within the community.
  • We will facilitate referrals to the most appropriate professionals best suited to your needs and will support you to attend medical appointments and other assessments.
  • We provide a holistic assessment of your needs and provide you with options for the future to ensure that you can move forward with confidence.

We Understand...

Ensuring that you have a lawyer that is experienced yet understanding, compassionate and accessible is important to every client. At Robinson Gill, we understand that seeking legal assistance can be a difficult decision. Our team is dedicated to ensuring that you feel supported at all stages of the legal process and will work with you to obtain the best possible outcome.

  • We understand that an injury will impact your life in many ways and that your needs may change as your circumstances do. Our team is committed to providing a flexible and adaptive approach which will ensure that your ongoing needs are met throughout the claims process.
  • We appreciate that many clients find the legal system difficult to understand and navigate. Our lawyers will remove this complexity by providing you with information that is simple and easy to understand so that you can make informed decisions with confidence.
  • We understand that it is important that you are kept up to date with the progress of your matter. Our lawyers will provide you with regular updates and remain accessible to you throughout your claim as part of our commitment to ensuring a client centred service.
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We Do...

UNDERSTANDING POLICE MISCONDUCT

If a police officer acts outside of their powers or breaks the law, you may be able to bring a claim for compensation. Serious police misconduct ranges from assault, false imprisonment and wrongful arrest to malicious prosecution. Whether your injury is physical or psychological, you may be able to sue the police for misconduct.


DIFFERENT TYPES OF CLAIMS

You may be able to bring a claim for compensation against the police if you have experienced serious police misconduct. Bringing a claim is sometimes called “suing”.

Examples of the types of claims you may bring include:

  1. Assault
    Police are only able to use force in specific circumstances. You may have a claim if force or capsicum / pepper spray was unreasonably used against you. You may also have a claim if you were threatened with the use of force. Force includes acts such as punching and kicking as well as striking a person with a police baton or torch.

  2. False imprisonment & wrongful arrest
    You may have a claim if you were taken into police custody or arrested without a valid reason.

  3. Malicious prosecution
    You may be able to bring a claim if you have been charged with a criminal offence without a legitimate basis.

  4. Misfeasance in public office.

You are not always required to have a physical injury to bring a claim. You may have suffered shock or psychological injury as a result of the police misconduct.


CLARIFYING YOUR RIGHTS

You have three years to bring a claim. This is a strict time limit which can only be extended in special circumstances.

You should speak to a lawyer as soon as possible after any police misconduct takes place. This is important as the lawyer will take steps to preserve evidence. Evidence becomes harder to collect and may be destroyed as time passes.

You will need to talk to a civil lawyer if you wish to bring a claim for compensation. You may also need to see a criminal lawyer if you are being maliciously prosecuted.


OFFERING ALTERNATIVES

If you have a serious complaint you should speak with a lawyer before considering these alternatives. Pursuing these alternatives may impact on any claim you chose to make in the future.

You can approach the Victoria Police directly and request an ‘ex-gratia’ payment. These are only made in special circumstances. Usually, your lawyer will make this application on your behalf and represent you in the negotiations.

You may also choose to make a complaint. You may wish to speak to a lawyer before making a complaint as your complaint may impact any claim you bring.

You can make a complaint to:

  • The Station Commander or the Police Conduct Unit of Victoria Police. The Police Conduct Unit is a division of the Victoria Police which investigates the conduct of Victoria Police officers.
  • The Independent Broad-Based Anti-Corruption Commission (“IBAC”) is an independent body which is separate from Victoria Police. IBAC may refer the complaint to Victoria Police if the complaint does not meet its strict requirements.
  • Complaints about the Australian Federal Police should be made to the Commonwealth Ombudsman.  

If you believe that you have been discriminated against or that your human rights have been breached, you may also wish to complain to either the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission.


NO WIN, NO FEE

Our injury law team offers ‘no win, no fee’ in most Police misconduct matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.


Our People

Jeremy King

Accredited Specialist - Injury Law

Merys Williams

Injury Law

Yusur Al-Azzawi

Injury Law

Ali Besiroglu

Injury Law

Frequently Asked Questions

WHAT IS POLICE MISCONDUCT?

Police misconduct occurs where police officers act outside of their powers or break the law. 

DO I HAVE A CLAIM?

You may be able to bring a claim for compensation against the police if you have experienced serious police misconduct.  Bringing a claim is sometimes called “suing”. 

Examples of the types of claims you may bring include:

  1. Assault
    Police are only able to use force in specific circumstances.  You may have a claim if force or capsicum / pepper spray was unreasonably used against you.  You may also have a claim if you were threatened with the use of force.  Force includes acts such as punching and kicking as well as striking a person with a police baton or torch.
  1. False imprisonment & wrongful arrest
    You may have a claim if you were taken into police custody or arrested without a valid reason.
  1. Malicious prosecution
    You may be able to bring a claim if you have been charged with a criminal offence without a legitimate basis.

You are not always required to have a physical injury to bring a claim.  You may have suffered shock or psychological injury as a result of the police misconduct. 

WHEN CAN I BRING A CLAIM?

You have three years to bring a claim.  This is a strict time limit which can only be extended in special circumstances. 

WHEN SHOULD I TALK TO A LAWYER?

You should speak to a lawyer as soon as possible after any police misconduct takes place.  This is important as the lawyer will take steps to preserve evidence.  Evidence becomes harder to collect and may be destroyed as time passes.

You will need to talk to a civil lawyer if you wish to bring a claim for compensation.  You may also need to see a criminal lawyer if you are being maliciously prosecuted.

ARE THERE ALTERNATIVES TO SUING THE POLICE?

If you have a serious complaint you should speak with a lawyer before considering these alternatives.  Pursuing these alternatives may impact on any claim you chose to make in the future.

You can approach the Victoria Police directly and request an ‘ex-gratia’ payment.  These are only made in special circumstances.  Usually, your lawyer will make this application on your behalf and represent you in the negotiations. 

You may also choose to make a complaint.

WHERE CAN I MAKE A COMPLAINT ABOUT POLICE CONDUCT?

You may wish to speak to a lawyer before making a complaint as your complaint may impact any claim you bring.

You can make a complaint to:

  • The Station Commander or the Police Conduct Unit of Victoria Police.  The Police Conduct Unit is a division of the Victoria Police which investigates the conduct of Victoria Police officers. 
  • The Independent Broad-Based Anti-Corruption Commission (“IBAC”) is an independent body which is separate from Victoria Police.  IBAC may refer the complaint to Victoria Police if the complaint does not meet its strict requirements. 
  • Complaints about the Australian Federal Police should be made to the Commonwealth Ombudsman.  

If you believe that you have been discriminated against or that your human rights have been breached, you may also wish to complain to either the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission. 

We can help

Our team of lawyers provide expert advice, with most holding Law Institute of Victoria Specialist Accreditation in the areas of Family Law, Personal Injury Law and/or Commercial Litigation.

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