Complaints about the police
Police have certain powers. If you think police have misused their powers, or behaved inappropriately, you may wish to make a complaint.
It is usually better to make a complaint as soon as possible after the incident. However, if the complaint relates to an offence you have been charged with, you should get legal advice about whether it would be better to wait until your case has finished.
Call the Infoline or contact your nearest Legal Aid WA office to find out what help we can give you in this situation. If we can’t help, we may be able to refer you to someone else who can.
This page has information about the first things you should do when you want to make a complaint, what you should include in a complaint and where to complain about WA Police and the Australian Federal Police.
What should I do first?
If you think you might want to make a complaint against police, it is important to record the details of what happened.
Write down everything that happened as soon as possible after the incident. For example, the date, place, time, witnesses, and the officer’s name.
If you’ve been hurt, you should also:
- see a doctor straight away
- get someone to take a photo of your injuries, and
- record the people you first saw before and after the incident and ask them to make their own notes.
What should I include in a complaint against police?
Details of everything you say happened. For example, the date, time, location of the offence, officer’s name and badge number, witness details, vehicle details, conversations, and copies of medical reports, photographs, and letters.
Where to complain to about WA police?
- WA Police Complaints - The website has information on the ways you can make a complaint and how it will be dealt with. All complaints may be subject to review by the Corruption and Crime Commission.
Or - The Corruption and Crime Commission - The CCC can also deal with reports of corruption and serious misconduct.
- For damaged property, the station or section within WA police where the damage occurred.
- The WA State Ombudsman for complaints about police administration, that is, complaints about decision making practices and actions of the police in providing their services to the public. For example, delays in responding to requests for help.
Where to complain to about the Australian Federal Police (AFP)
- The Australian Federal Police – The website has information about what complaints can be made about, how to complain and what happens after a complaint is made.
- The Commonwealth Ombudsman - You should try to resolve your complaint with the AFP before you make a complaint to the Ombudsman. The Ombudsman cannot investigate complaints about matters, including civil or criminal charges, which are being or have been dealt with by the courts.
What legal action can be taken about police complaints?
In some circumstances, you may be able to take legal action against the police for compensation or damages based on police misconduct.
You are protected from legal action being taken against you if your complaint was made in good faith. However, it is an offence to knowingly (deliberately) make a false, misleading, or malicious complaint against police.
Resources
Reviewed: 22 April 2024