Tuesday, July 28, 2015

Making a Complaint against Police.

Illustration of former head, Mr. Ken Lay,  of the business commonly known as Victoria Police (ABN: 63 446 481 493)

I’ve noticed a lot of people don’t seem to realise they can make a complaint against police in Australia. I know when I was young I had no idea we had our own version of Internal Affairs and I am emailed regularly by people asking how to complain about an officers misconduct.

The CCC defines police misconduct as;
  • an officer who is disgraceful, improper or unbecoming a police officer, or
  • shows unfitness to be or continue as a police officer, or
  • does not meet the standard the community reasonably expects of a police officer.
    If you are concerned about the conduct of a police officer and want to report it, consider whether the conduct is police misconduct or rather a customer service issue or minor breach of conduct.Examples of customer services issues or minor breaches include:
    • a slow response to your call
    • simple rudeness
    • failure of an officer to identify him/herself.
These issues should be reported directly to the QPS.

The QPS has there own complaint form located here:
But for more severe issues you don’t even need a formal declaration.
  1. Exceptional circumstances. In specific exceptional circumstances, you may claim an exemption from reporting corruption via a statutory declaration. Claim an exemption under exceptional circumstances.
  2. Public interest disclosure. If you are a public interest discloser, you are not required to use a statutory declaration to report corruption. Make a public interest disclosure.
  3. Notification by public officials. Public officials who have a reasonable suspicion of corrupt conduct must notify the CCC (in accordance with ss. 38 and 40 of the Crime and Corruption Act 2001), but are not required to complete a statutory declaration. Notify the CCC.
  4. Provide information. If you choose to provide information about suspected corruption without a statutory declaration, the CCC may consider your information but may not be able to deal with your concerns. Provide information to the CCC.
Fill out this form to make a statutory declaration and fill out this.
Keep in mind under s.13 of the Oaths Act 1867 (Qld), a statutory declaration must be witnessed by:
  • a justice of the peace, or
  • a commissioner for declaration, or
  • a notory public, or
  • a conveyancer, or another person authorised to administer an oath, under the law of the state, the Commonwealth or another state, or
  • an Australian lawyer.Forward your completed statutory declaration and supporting information form to –
Crime and Corruption Commission
GPO Box 3123, Brisbane Qld 4001
If you need any more help, contact, PoliceLeaks Australia
ther states are generally the same, but the CCC should be the first place you go if your complaint is serious.

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