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 – 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.
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.
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.
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.
Kate Vanrenen
Kate is a senior associate in our police misconduct team. An experienced litigator, she is dedicated to achieving the best possible outcomes for people who have been treated unlawfully by Victoria Police and for families involved in coronial investigations.
Elli Dawe
Elli is a lawyer in our police misconduct team. She brings an extensive knowledge and understanding of the criminal justice system to represent those abused by the police.
Natasha Madan
Natasha holds a Juris Doctor with Distinction from the University of Technology Sydney. She also holds a Bachelor of Science and Bachelor of Arts from the University of Sydney.
William Bonney
William is a lawyer in our Police and Prison Team. He has a passion for social justice and providing values-driven results for those who have been subject to police misconduct.
Ella Hadley
Ella is a Law Graduate in the Commercial Litigation team with experience in property, consumer, building and personal injury disputes. Prior to joining the Commercial Litigation team at Robinson Gill, Ella assisted in a range of police tort matters in the firm’s Police Misconduct team, and in estate litigation matters at commercial firm based in Melbourne’s CBD.
Jasmine Holmes
Jasmine brings a blend of specialised knowledge and experience to her practice in order to fight back against the abuse and misuse of State power.
Sam Moodie
Sam is a lawyer in our police misconduct team at Robinson Gill. Before joining Robinson Gill, Sam was a criminal defence lawyer at Victoria Legal Aid. She regularly appeared in a range of hearings in the Magistrates’ Court and instructed in the County Court of Victoria.
Joy Szeredi
Joy is a lawyer in our Police & Prisons team. With a background in community legal volunteering and discrimination research, Joy strives to ensure her legal practice centres on compassion and inclusion and is grounded in the lived realities of her clients.
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Defence lawyers are scrambling to identify potentially thousands of cases involving Victorian police, who never had the power to act as officers, following an error that the government says will be fixed with retrospective legislation.
