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
O
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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