What is Police Misconduct?
Misconduct is when a police officer acts outside of their powers or breaks the law.
If you’ve been a victim of police misconduct, you may be able to pursue recourse through a civil claim.
The following lists some common causes of action, and some examples of the misconduct claims that can be pursued:
Assault
- Excessive use of OC spray (commonly referred to as “pepper spray” or “capsicum spray”)
- Physical assault (hitting, kicking, pushing etc.)
- Pointing of a gun
- Spitting
- Threat to harm
False imprisonment
- Detention under circumstances that seem unlawful.
- Custody when unnecessary; can be restrained in handcuffs or deprived of liberty.
Malicious prosecution
- Charges must have resolved in the individual’s favour.
- Charges struck out by Magistrate at the Committal stage.
Misfeasance in public office
- Circumstances where police have intentionally engaged in an invalid or unauthorised act against an individual in the course of their duties.
Negligence
- Where the person has suffered harm, or death, in police custody. (Read more about Coronial Inquests)
Outside of these circumstances we recommend contacting us for further advice.
FACT SHEET – Freedom of Information Applications to Victoria Police
A Freedom of Information (F0I) application is a request made pursuant to the Freedom of Information Act 1982, which gives people with a right of access to documents held by Australian Government ministers and most agencies.
FACT SHEET – Complaints Against Police
If you have been the subject of police misconduct, making a complaint may be the most appropriate course of action in your circumstances.
If you have suffered injury as a result of police misconduct, you may have a compensable claim through civil litigation. These claims involve suing the State of Victoria for compensation. Our team is specialised in these litigations, and we work with claimants to make sure their interests and rights are best represented.
We work with families and other interested parties on cases where a person has died in police or corrections custody, deaths whilst incarcerated in prison, and deaths where police officers have attempted to take a person into custody.
If you have suffered injury as a result of police misconduct, you may have a compensable claim through civil litigation. These claims involve suing the State of Victoria for compensation. Our team is specialised in these litigations, and we work with claimants to make sure their interests and rights are best represented.
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Jeremy King
Jeremy is a Principal Lawyer and lead of the police misconduct team. He practices in the area of police torts and and has been extensively involved in advocacy for reform of police oversight. Jeremy is regularly featured in the media for comment on police misconduct cases.
Danielle Meyer
Danielle is a Principal Lawyer and head of the personal injury team. Danielle has experience in police misconduct matters like assault and battery, false imprisonments, malicious prosecutions and misfeasance cases.
Ella Keogh
Ella is a lawyer in our police misconduct team. She brings her extensive understanding of Victoria’s court system to representing victims of abuse by the police.
Estelle Petrie
Estelle is a lawyer in the police misconduct team at Robinson Gill. She specialises in strategic litigation and actions against the police in relation to family violence.
Gemma Ross-McGlynn
Gemma is a solicitor in the Police Misconduct team at Robinson Gill. A seasoned lawyer with a background in criminal defence, she advocates for the rights of vulnerable groups within the criminal justice system.
Raagini Vijaykumar
Raagini is a lawyer in the police misconduct team at Robinson Gill. An experienced lawyer, she represents those who have been treated unlawfully by the state.
Robinson Gill Promotes Crime and Advocacy Practice Group Leader, Ali Besiroglu, to Principal Lawyer
Robinson Gill has announced that Ali Besiroglu, leader of the firm’s Crime and Advocacy practice group, has today been promoted to Principal Lawyer.
Charges against organisers of Melbourne’s Black Lives Matter march to be dropped
Organisers of a Black Lives Matter rally held in Melbourne during COVID-19 lockdown restrictions will no longer face prosecution, with all charges against them expected to be dropped by Victoria Police.
‘What actually happened?’: victim of Anzac Day terrorist raids speaks about seven-year wait for justice [The Guardian]
Final legal case arising from Melbourne raids has been settled but done nothing to quell sense of injustice for families.
Journalists pepper sprayed by Victoria Police taking legal action [ABC News]
Two members of the press who were pepper sprayed by Victoria Police at two separate public events say they have decided to take legal action.
