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Urgent need to reform Victoria’s police complaints system

January 27, 2016

In February 2016 the Victorian parliament will debate reforms to the Independent Broad -based Anti-corruption Commission (IBAC) to fight corruption.

We welcome changes that will strengthen the ability of IBAC to investigate corrupt public servants, politicians and judiciary and strengthen Victoria’s integrity system with increased powers and scope for the Auditor-General and the Ombudsman.

Introducing the bill in December 2015 Minister Jacinta Allan told parliament:

“The government will continue its review of Victoria’s integrity and accountability system during 2016 and 2017 to identify further opportunities to improve its effectiveness. It is crucial that all Victorians can have confidence that public officials and bodies conduct themselves, and use public funds, with the highest degree of integrity and accountability.”

A major omission so far is any attention to the powers and role of IBAC to investigate serious police misconduct.

Currently IBAC has the resources and power to investigate a very small number of complaints against police. Overwhelmingly complaints including serious mistreatment are investigated internally by Victoria Police.

Many senior police have indicated support for IBAC taking on the role of investigating serious complaints against police. The Police Association seems opposed as is evidenced by their opposition to the Ballarat inquiry. Why is that? Surely they don’t want police who abuse and mistreat the public bringing disrepute to all police.

The current IBAC investigation into Ballarat officers accused of excessive force has demonstrated the determination and capability of IBAC to bring police abuse to light. It has also shown the extent and power of opposition to this with a High Court appeal pending. If IBAC can investigate actions of public servants why not the actions of police officers?

Police are granted great powers by the state and it is the state’s responsibility to ensure that these powers are not abused. The use of coercive and invasive powers is a routine part of a police member’s job.  Police are provided with weapons including guns, Tasers, OC (pepper) spray and batons.  Police arrest, detain, stop, question and search people, their cars and homes, all of which impacts on fundamental human rights and freedoms.

The current police complaints system lacks integrity, transparency and independence. An analysis of police complaint substantiation rates from 2000 to 2013 indicates less than 10% of all complaints to police were substantiated. Less than 4% of all assault complaints are substantiated. When courts are given the chance to assess these allegations they consistently find they have substance.

Of great concern to legal centres and others who hear of complaints is that few complainants wish to proceed with a complaint once they understand that it will be investigated internally.

We need to restore public confidence to make complaints. Police who abuse the trust of Victorians must be held accountable.

Some recent media articles

Police charged over assault of teenagers

January 14, 2016

http://www.theage.com.au/victoria/police-charged-over-assault-of-teenagers-captured-on-mobile-phone-20160112-gm47zp.html

Impressive action by a father of one of the teens. Most young people who experience serious mistreatment by police do not challenge it or lodge a complaint . This is because such complaints are dealt with internally by Victoria Police. Many senior Victoria police officers have told us they would prefer these incidents to be investigated independently of Victoria Police. They want to see abusive officers ( very often repeat offenders) appropriately dealt with.

In 2016 Youthlaw will continue to lobby the Victorian state government to provide  IBAC with the powers and  resources to investigate serious police complaints independent of Victoria Police. Until this occurs young people will be reluctant to complain about  abusive treatment by police.

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January 14, 2016

Police charged over assault of teenagers

http://www.theage.com.au/victoria/police-charged-over-assault-of-teenagers-captured-on-mobile-phone-20160112-gm47zp.html

Impressive action by a father of one of the teens. Most young people who experience serious mistreatment by police do not challenge it or lodge a complaint . This is because such complaints are dealt with internally by Victoria Police. Many senior Victoria police officers have told us they would prefer these incidents to be investigated independently of Victoria Police. They want to see abusive officers ( very often repeat offenders) appropriately dealt with.

In 2016 Youthlaw will continue to lobby the Victorian state government to provide  IBAC with the powers and  resources to investigate serious police complaints independent of Victoria Police. Until this occurs young people will be reluctant to complain about  abusive treatment by police.

2015 in Review

December 21, 2015

Congratulations to all in the community sector who lobbied against the Federal cuts flagged in the 2014 budget that would have resulted in substantial cuts to frontline services and introduction of highlydetrimental policies including Centrelink waiting periods for unemployed youth. There are still huge gaps in basic services for young people , adequate  public education funding and early intervention and prevention programs.

We made some headway to divert young people from the criminal justice system with both major state gov’t parties committing to state wide youth diversion in 2014.  In 2015 we continued to lobby and we await the evaluation of 5 pilot programs and the state gov’t  fund it  state wide.

In 2015 we saw the  detrimental impacts  of a raft of  law & order measures introduced in 2014 (  a breach of bail offence , state wide move on powers and 900 new protective service officers on train stations) . Impacts included a significant  increase in young people on remand and in adult prison and mounting debt and court appearances due to  increased fines against young people. We saw the new Andrews Government address many of these drivers  through introduction of a bill to amend the Bail Act ( to be introduced to the Upper house in Feb 2016) , repeal of  ‘move on’ powers & strong public statements committing to a reductionin prison numbers. We also welcomed cross party support for the Royal Commission into Family Violence. We continued to lobby for a review and wind back of the Protective Service Officers numbers. We  continued to lobby for independent investigation of police complaints.

2015 saw a rise in youth unemployment and homelessness. Youth unemployment  reached its highest peak since 1998. Youth homelessness significantly increased – now almost half of all homeless people in Australia are under the age of 25.  This year research and data from youth services targeting youth homelessness and substance abuse has revealed a very high proportion of these young people have experienced family violence in childhood and many leave home to escape it.

As an organisation, Youthlaw has continued to make a substantial contribution to the rights of young people across the state strongly supported by  the legal community and the youth sector and the Smart Justice for Young People Coalition. With the assistance of a number of private law firms and barristers Youthlaw has been able to represent more vulnerable young people in court and to run significant test cases to promote the human rights of young people.

As always, sincere thanks to all in the broader community sector , our funders and stakeholders we have worked with . Thanks also to our Community law pro bono partner Ashurst, welcome to K&L Gates and thanks to Maddocks for assistance with our Supreme Court test case. We take this opportunity to thank our many volunteers and our voluntary Board.

Ariel Couchman
Director