Police policing the police: The push for independent oversight in Victoria

An ongoing review offers an opportunity for Victoria to implement truly independent oversight of the police.

The police will again investigate themselves following a death in custody in Victoria this week, leading to calls for reform around police oversight and proper independent scrutiny.

A man died in police custody in Victoria’s north-west last weekend. He was capsicum sprayed and taken into custody where he became unresponsive. His death will be investigated by the homicide squad and professional standards command, all internal at Victoria Police.

This will see the police investigating the police for a death that occurred when a man was in the care of the police.

Numerous human rights and legal organisations have for several years been urging the Victorian government, and other Australian jurisdictions, to reform police oversight and ensure independent scrutiny of the actions of law enforcement.

Independent oversight of the police is urgently needed in the state, Victorian Aboriginal Legal Service (VALS) CEO Nerita Waight said.

“Police investigating themselves is an obvious conflict of interest, and it plays out exactly as you’d expect,” Waight said.

“Audits have found that when police investigate serious incidents involving other police officers, they overlook relevant evidence more than half the time. Families in mourning need to feel confident that there will be a real investigation to uncover what happened to their loved one.

“How can they have that confidence when the response to these tragedies is police investigating themselves, with no independent oversight?”

The status quo

In Victoria, complaints about the police can be made to IBAC, but the vast majority of these are referred back to Victoria Police to investigate themselves. In the 2020-21 financial year, more than 94 per cent of complaints against Victoria Police were investigated by Victoria Police without any meaningful involvement from IBAC.

Better oversight is particularly needed for the treatment of First Nations Australians by the police, Waight said.

“Aboriginal people are dying in police cells, while being held in police vehicles, and while being pursued by police cars,” she said.

“All of these deaths need proper, independent investigations, which the current system simply doesn’t provide.”

The Human Rights Law Centre (HRLC) has also been pushing for proper independent oversight of police actions.

“So long as the Andrews government allows police to investigate the actions of their colleagues, police in Victoria will be permitted to act with impunity,” HRLC senior lawyer Monique Hurley said.

“Effective and truly independent oversight of police misconduct is too long overdue in Victoria, and the status quo of police investigating themselves and dodging accountability for their actions must end.”

The recent state budget allocated $342 million over two years for an additional 502 police officers and 50 Protective Services Officers.

“Rather than spending endless amounts of money on policing, the Andrews government should be creating a new independent body equipped to investigate all allegations of police misconduct, and funding community, health, education and social services that support people to avoid contact with the police and the legal system in the first place,” Hurley said.

A broken system

The state government last year launched a review of police oversight, but there are concerns that the scope of it is “extremely limited”.

The review is an opportunity to deliver “real, independent investigation of police contact deaths and complaints against police”, Waight said.

“The review can’t settle for just tinkering with a broken system” she said.

“We have asked the government to implement an independent investigative body because we know that the culture within the police force does not allow for proper investigations of incidents involving other police officers.”

VALS urged the establishment of a new independent police complaints body that is complainant-centred, transparent, has adequate powers and resources and responds to the needs of Aboriginal complainants.