Complaints about police

You do not need to speak to a lawyer before making a complaint about police.

 

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Get legal advice if you have been charged with an offence and are going to court.

How to get legal advice

Making a complaint about police

There are rules and laws that govern how Queensland police should act. For example, their charter says police are expected to treat everyone with dignity and respect, even people who have been arrested.

Police behaviour you can complain about could be:

  • a breach of discipline
  • an act of police misconduct
  • an act of official misconduct.

You may need to complain to a different organisation depending on how serious you think the police officer's act was.

Breach of discipline

Examples of breaches of discipline are if an officer was biased, unethical or unprofessional.

If you think a police officer breached discipline:

  1. Complain to the officer-in-charge of the police station where the police officer works.
  2. If that doesn't settle the problem, complain to Queensland Police Service Headquarters.

Police misconduct

Police misconduct is any behaviour (apart from official misconduct) that is:

  • disgraceful
  • improper
  • inappropriate
  • behaviour that shows they're not fit to be a police officer.

Basically, police misconduct must be below the standard of conduct the community reasonably expects of a police officer. It can even cover off-duty behaviour.

If you think a police officer is guilty of police misconduct:

  1. Complain to the officer-in-charge of the police station where the police officer works.
  2. If that doesn't settle the problem, you can complain to Queensland Police Service Headquarters or the Crime and Corruption Commission.

Official misconduct

A police officer might be guilty of official misconduct if they were:

  • dishonest
  • breached trust placed in them
  • misused officially obtained information.

To be official misconduct, the behaviour must also be a criminal offence or serious enough to sack the official. It doesn't include a police officer who was rude or inefficient.

If you think a police officer is guilty of official misconduct, you can make a complaint to the Crime and Corruption Commission (CCC).

What to include in your complaint—details and evidence

You can make your complaint in person, in writing or by telephone. You should include details like:

  • what exactly happened
  • when did it happen
  • where did it happen
  • what was said
  • was it seen by someone other than yourself and police
  • contact details for anyone who saw the incident
  • whether you have proof of damage, injury or any other useful evidence (e.g. photographs, phone messages)
  • whether you have reported the matter to any other agency.

What happens after making a complaint

What happens after you make a complaint will depend on the seriousness of the alleged discipline breach or police misconduct.

For less serious matters like breaches of discipline, there might be:

  • informal resolution—conducted by a specially trained senior police officer who will discuss the complaint with you and the police officer involved. This may lead to an apology or an explanation for the police officer's conduct and no further action.
  • mediation—where you and the police officer meet with 2 trained civilian mediators from the Dispute Resolution Centre to resolve things.

For complaints about police misconduct:

  • the Ethical Standards Command will investigate, and the police officer may be disciplined—ranging from caution to sacking
  • for serious misconduct, QPS must notify the Crime and Corruption Commission (CCC), who can monitor the internal investigation process—in some cases they will take over the investigation.

For complaints about official misconduct, the Crime and Corruption Commission (CCC) will investigate and may recommend:

  • the police officer be prosecuted for a crime—then it’s up to the court to decide
  • the QPS discipline the police officer (this can range from a caution to sacking)
  • that the QPS change its processes.

Anonymous complaints

You may make an anonymous complaint. However, complaints are more difficult to investigate without detailed information. If you want to remain anonymous, you should supply a contact point so you can be contacted by the investigating agency if necessary.

False complaints

If the CCC or Queensland Police finds that you made a false complaint, you may be prosecuted. False complaints are treated seriously because they waste public money and unfairly damage reputations.

How to get legal advice

We can't:

  • provide you with a lawyer to attend a police interview
  • give advice about participating in a Crime and Corruption Commission interview about official misconduct.

We may give legal advice about some police matters.

Contact us

Other places to get legal advice:

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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