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Complaints about police
When you want to complain about the police, do it as soon as possible after the incident.
Get legal advice
Talk to a lawyer before you make a complaint, especially if you have been charged with an offence. See ‘How we can help’, below.
How to make a complaint
When you want to complain about the way the police treated you, write down everything that happened. Do this as soon as possible. Include:
- the names of the police officers involved and their identification numbers, if you have them
- what happened to you
- the date and time it happened.
If you have been hurt:
- see a doctor straight away
- get someone to take a photo of your injuries
- write down as much as you can about who hurt you, including their name, rank and the police station where they work
- write down what actually happened, who said what and the names and contact details of any witnesses (people who saw what happened)
- write down the name of the last person to see you before you were hurt and the first person to see you afterwards – ask them to write their own notes as soon as possible
- contact a lawyer who will help you make a complaint – a community legal centre, VLA or a private lawyer can help you make a complaint.
Civil action against the police
If you believe you have suffered a genuine wrong by the police and you have evidence of your suffering and loss, you can sue the police for compensation/damages.
These cases are usually very serious. Get legal advice as soon as possible after the incident.
Where to complain
You can make a complaint to the police at any time. When you are being ‘signed out’ from a police station the police will ask if you have any complaints. You do not have to make a complaint at this time. You can still complain later.
You can make a complaint to a police duty inspector or any police officer in charge of a police station – it does not have to be the station where you were charged.
Complaints about Victoria Police
Complaints about police are handled by the Customer Assistance Police Conduct Unit in the Victoria Police Ethical Standards Department. This unit is part of the police force. See the Victoria Police website (link below) for contact details.
If a complaint is about corruption and serious misconduct, it can also be made to the Office of Police Integrity (OPI). The OPI is not part of the police force. See the OPI website (link below) for information about how to make your complaint.
Complaints about the Australian Federal Police
The Commonwealth Ombudsman investigates complaints about the Australian Federal Police. See the Ombudsman’s website (link below) for more information or to submit a complaint online.
Complaints about treatment by the Federal Police can also be made to the officer in charge of the station where you are charged.
Your human rights
The Charter of Human Rights and Responsibilities Act sets out rights, freedoms and responsibilities for people living in Victoria.
These rights and freedoms include:
- the right to protection from cruel, inhuman or degrading treatment (for example, the right not to be humiliated by an arresting officer)
- freedom of expression (how and what you say, write, think, create or receive)
- freedom of association and peaceful assembly (people and groups you communicate or mix with).
The Victorian government and its agencies must consider these rights and freedoms when they make laws and provide services to the public. This includes the Victoria Police and public transport inspectors.
You cannot take legal action over a breach of the charter. You may, however, be able to argue that your human rights have been breached in a case that is already happening in a court or tribunal. Even if you are found guilty of the offence, the charter right may still stand. See ‘Charter of human rights’ (link below).
More information
Related publications
Your rights: police powers in Victoria
Related websites
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- advice at many correctional facilities, remand and detention centres
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some criminal law matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.
The Victorian Aboriginal Legal Service (VALS) offers special assistance to Koori people who want to make a complaint about the police. Contact VALS to get information, support and free legal advice about your options.