Complaints

Contributed by AndrewRobson and current to 27 July 2018

A person who has suffered mistreatment at the hands of police during their arrest, interrogation or prosecution has the right to make a complaint directly to the Police Service or to the WA Corruption and Crime Commission.

In the case of some police misconduct, civil action (such as for assault, wrongful arrest, false imprisonment or malicious prosecution) may also be considered.

If you have been injured then you should have photographs taken of your injuries and obtain a medical report concerning your injuries.

It should be noted that If you make a false complaint or create a false belief you may commit an offence under the Criminal Code or the Corruption, Crime and Misconduct Act 2003 (WA).

Where do you complain?

A complaint regarding the conduct of a police officer can be made in one or more of the following ways:

• In person or over the phone by calling the officer in charge at the local police station or at the police district office;
• In writing to Police Complaints, Locked Bag 6 East Perth WA 6892 or emailing them at Police.Complaints@police.wa.gov.au;
• By calling Police Complaints on (08) 9223 1000.

Complaints against police can also be made to the Corruption and Crime Commission:

Corruption and Crime Commission
PO Box 7667
Cloisters Square
St Georges Terrace
Perth WA 6850

Within what time should a person complain?

In general, complaints should be made as soon as possible.

Protection of complainants

Section 45 of the Criminal Code provides that:

“It is lawful for any person… to point out in good faith errors or defects… in the administration of justice with a view to the reformation of such errors or defects”

and will provide protection against criminal charges or civil action for damages in respect of any genuine complaint.

The Corruption, Crime and Misconduct Act 2003 (WA) also contains several provisions aimed to protect people who notify the Commission of misconduct.

What happens to the complainant?

Your complaint will be reviewed by Police Complaints or at a District level. Where the complaint does not identify misconduct, a breach of the WA Police Code of Conduct or if it relates to a service delivery issue then an explanation may be provided to the complainant setting out the relevant law, policy, procedure, or the status of a current inquiry.

Complaints of serious unprofessional conduct are dealt with by way of a formal investigation by appointed investigators who are empowered to take statements, call witnesses and gather all evidence relevant to the investigation. If there is a formal investigation then you can contact the investigator to check the progress of the investigation. After the investigation, you will receive written advice of the outcome.

A report will be provided to a senior officer for determination of the appropriate action in response to the investigation and may be subject to further review by the Corruption and Crime Commission.

Complaints about transit officers

If you think that a transit officer has committed an offence such as using excessive force in an arrest then you can report this incident to the police for investigation.

Complaints about the actions of transit officers can be made to the Public Transit Authority.