
The system of accountability that is meant to keep Victoria Police in check has never worked. The impact of this is felt particularly in Aboriginal and Torres Strait Islander communities where people are incarcerated at higher rates than any other race in the world and have seen 432 deaths in custody over the last 30 years. Despite these deaths no one has been convicted. So, why not? What happens when someone dies, is killed or is mistreated under the watch of Victoria Police?
When a complaint is made against the police, the Chief Commissioner of Victoria Police is legally obliged to refer the complaint to the Independent Broad-based Anti-corruption Commission (IBAC). IBAC is then tasked with either dismissing the complaint, transferring it back to Victoria Police or investigating it themselves. In practice, the majority of the complaints made by the public are referred back to the police, who then undertake their own investigation; put simply, the police investigate the police. As a result, Victoria Police consistently only finds 11 per cent of complaints are substantiated. In the period between 2018-2019 there were 3607 allegations assessed by IBAC from Victoria Police, with only 16 incidents investigated by IBAC.
Added to this is a cultural norm of not taking violence seriously by both the courts and the police force. In IBAC’s 2018-2019 annual report, only four outcomes from investigations were listed. One officer was found guilty of using excessive force but was given a good behaviour bond with no conviction recorded. Another officer was found guilty of two charges of unlawful assault; he was convicted but is now simply on a 12-month good behaviour bond. On the other hand, the other two outcomes show that the non-violent crimes (both unauthorised uses of police information), resulted in large fines of $3000 and $5000 and the officers either resigned from the police or retired. Presumably within the Victoria Police it’s more of a career-ending move to misuse police information than to be excessively violent; they can work with a racist and violent co-worker, but not with someone who won’t uphold confidential information.
On Saturday 6 June, tens of thousands of people protested in Melbourne’s CBD against police racism and the system that enables, protects and aggravates it. Aboriginal and Torres Strait Islanders led the rally, calling for justice and change for their loved ones who have died in police custody and for those who face incessant police discrimination. This comes off the back of Australia’s tone-deaf outrage at the racism faced by people in the US at the hands of the police. The rally was a reminder that the situation in Australia isn’t any better, as well as a show of solidarity with the Black & Blak Lives Movement happening locally and around the world.
If you need help with a police complaint, call the Kensington Police Accountability Project on (03) 9376 4355.
Consider donating to families of the people who have died in custody and who have been left with enormous legal and funeral costs.
• Justice for David Dungay Jnr: https://bit.ly/justicefordavid
• Justice for Kumanjayi Walker: https://bit.ly/justiceforyuendumu
• Justice for Tanya Day: https://bit.ly/justicefortanyaday
• Justice for Joyce Clarke: https://bit.ly/justiceforjoyceclarke
By BB
