Law Institute Journal

Despite the significant roll out of body worn cameras by the Victorian government, their use, disclosure and retention remain controversial. Further, the question of the actual value of filming police as a means of discouraging misconduct must be asked, especially in light of the recent incidents involving Eric Garner and George Floyd.

Body cameras will be worn by 11,000 Victorian police by 2020, but it will be up to individual officers to decide when to turn them on or off.

The recent decision of Mullett has impacted on the development and accessibility of the unusual tort of MiPO, with practical considerations for practitioners seeking to plead misfeasance in tortious litigation.

Independent Broad-based Anti-corruption Commission (IBAC) general counsel Dr John Lynch has responded to an opinion article published in the October 2017 LIJ in which human rights lawyer Merys Williams argues that police misconduct complaints should be investigated by an independent, transparent complaints body.

The Victorian parliament’s IBAC Committee report into external oversight of police corruption and misconduct is due by 30 June 2018. This is a crucial opportunity for advocates to convince parliament that Victoria needs a police complaints system that meets human rights standards.

Currently, Victoria Police and IBAC both have the power to investigate complaints of police misconduct. However, IBAC refers more than 90 per cent of complaints received back to Victoria Police for investigation.

The Independent Broad-based Anti-corruption Commission (IBAC) has the power to investigate police misconduct complaints but refers roughly 90 per cent to Victoria Police for internal investigation. Victoria Police investigating their own officers breaches international human rights standards and has been criticised by the UN Human Rights Committee.