‘Impunity must end’: Time for a Police Ombudsman

"We are gravely concerned that maintaining the status quo will allow these systemic failings to continue unchecked"

A coalition of lawyers, non-profits and legal centres have urged the Victorian government to overhaul the state’s “failed” police oversight system and create an independent Police Ombudsman.

There have been numerous examples of issues with Victoria’s police accountability regime in recent months. This week, the Victorian Inspectorate released a report about the Independent Broad-Based Anti-Corruption Commission’s (IBAC) handling of a complaint made by a woman who was abused by her police officer husband.

The report found that IBAC had handed the woman’s complaint back to Victoria Police, which had a negative impact on the woman and meant that the possibility of corruption could not be pursued.

The report found this was a “fundamental failing of the integrity system”, and that the issues around this case were “serious and long running”.

The recently released Victoria Police annual report for 2021-22 revealed that of 2910 complaints received - an increase of nearly 40 percent from the previous year - no action was taken for just under 70 percent of them.

Another recent IBAC report found that over half of police investigations in relation to First Nations complainants failed to collect or consider relevant information, 84 percent had a conflict of interest and half were not properly managed, and 73 percent of complainants were not kept updated.

A coalition of organisations, including the Police Accountability Project, the Human Rights Law Centre and the Victorian Aboriginal Legal Service, have now written to the Andrews government urging it to immediately act on the police accountability issue in Victoria.

“Police have significant powers - they carry and use guns, tasers, pepper spray and batons, they can stop and search people on the street, and enter a person’s home. They have the power to arrest and detain people,” the letter says.

“A strong democracy and fair civil society demand that these powers are balanced by commensurate civilian oversight. A failure to do so affects us all. The systemic failings of Victoria Police have seriously diminished the Victorian community’s confidence in the organisation. We are gravely concerned that maintaining the status quo will allow these systemic failings to continue unchecked.”

The groups called for the creation of a Police Ombudsman to indepedently investigate all complaints about police misconduct and systemic failings. This Ombudsman would be independent, well-resourced, complainant-centred, fair and accountable, and able to achieve timely and fair outcomes, the groups said.

“A Police Ombudsman in Victoria is the only viable solution to ensure there is an independent and proper investigation into all complaints about police misconduct, systemic failings and processes,” Police Accountability Project principal solicitor Gregor Husper says.

“It’s time for Victoria Police to be held accountable for any misconduct.”

VALS CEO Nerita Waight says that the community’s confidence in the police has been “seriously diminished” by these systemic failings.

“Police investigating police simply doesn’t work for Aboriginal people,” Waight says.

“When Victoria Police investigate complaints from Aboriginal people, IBAC found that more than half the time they ignore relevant evidence. Aboriginal people are more likely to suffer police misconduct, but less likely to make a complaint - our community knows that the system doesn’t take complaints seriously.

“When Aboriginal people suffer police misconduct, with no accountability, the trauma of that experience can disrupt their lives and leave then needing other support.”