Outcome of the complaint
Understanding the letter about the decision
At the conclusion of the investigation you will receive a letter stating the outcome of the investigation. The letter usually includes little information about why the decision was made. In the letter, one of the terms in the table to the right will be used to describe the outcome of the investigation.
If your complaint is substantiated – or if the investigation uncovers matters not raised by the complainant that indicate impropriety on the part of the police officer – the police decide whether or not to discipline, caution or counsel the police officer.
Getting more information about the investigation
If your initial complaint was lodged with the PSC (and not IBAC), you can access documents about the investigation of your complaint through the freedom of information process (see ‘Where to complain: Misconduct complaints’, above, for an explanation about why you may not get access to documents if your initial complaint was made to IBAC).
The freedom of information process is outlined in Chapter 12.3: Freedom of information law, and in ‘Supporting your complaint with freedom of information documents’, above. In your freedom of information application, ask for copies of all documents relating to the initial incident, and for a copy of the PSC file about your complaint.
Review of the decision
If you are unhappy with a decision made by the PSC, you can ask IBAC to review the decision. If you are unhappy with a decision made by IBAC, you can request an internal review of the decision. An IBAC officer who is independent of the original decision-maker will conduct the internal review.
Outcomes of an investigation into police misconduct (mobile compitable image)
Meaning
Decision
The evidence supports the complaint; therefore, the complaint is considered to be true.
The evidence supports the police officer’s version of events.
The investigator is unable to determine whether or not the complaint is true based on the available evidence.
The complainant was unwilling to supply information but has not withdrawn the complaint.
The complainant withdrew the complaint.
The conduct complained about is permitted by law.
A third party lodged the complaint and the victim denies the allegation.
The available evidence establishes there is no ground for the complaint.
The available evidence establishes that the police officer was not involved or is completely free from blame.
A fault or issue has come to the investigator’s attention but was not part of the original complaint (e.g. incomplete paperwork).
There is evidence that the complainant made a false report.
Substantiated
Not substantiated
Unable to determine
Not proceeded with
Withdrawn
No complaint (sanctioned by law)
No complaint (denied by alleged victim)
Unfounded
Exonerated
Lesser deficiency
False report
Outcome of the complaint
Chapter: 12.4: Complaints against Victoria Police
Contributor: Jeremy King, Principal, Robinson Gill Lawyers; Accredited Personal Injury Specialist; Nick Boag, Teaching Associate & PhD candidate, Faculty of Law, Monash University; and Ella Keogh, Lawyer, Robinson Gill Lawyers
Current as of: 1 September 2024
Law Handbook Page: 1041
Next Section: Civil proceedings and claims for compensation
