Addressing Excessive Use of Police Force in Victoria

Excessive use of force by police officers in Victoria is a major challenge. This research paper analyzes a report on police brutality incidents in rural Victoria and suggests measures to address the situation. Recommendations include the introduction of an independent oversight body and improvement of police policies.

INTRODUCTION
Excessive use of force by police officers has been one of the major challenge facing police
services in various jurisdictions. The excessive use of police force is common during suppression
of demonstrations, apprehension of offenders and treatment of arrested persons in police cells.
Victoria as a state is the leading Australian territory with high cases of excessive use of police
force. Some police officers have committed worst atrocities to arrested persons such as rape and
other forms of assault causing bodily harm, (William A Westley, 1964).
The government therefore needs to act with speed by reforming the police services to ensure the
use of force is well regulated through effective laws and policies. Laws introducing an
independent and impartial oversight body or commission should be introduced to effectively
handle the police brutality complaints. This research paper analyses a report on police brutality
incident in rural Victoria. The paper analyses the various actions that were taken by the relevant
stakeholders to address the situation and whether they captured everything that was supposed to
be addressed.
This research further proceeds on a proper advice to the responsible minister. The paper the
advices the minister on how he can best respond to the report. The response includes the policies
that the minister and the various stakeholders can initiate to remedy the situation. The paper
informs the minister about a brief background to the situation in the report. It then proceeds to
various options that the minister can adopt. Finally the paper proposes various recommendations
in terms of policy requirements that can help correct the situation raised in the report as
discussed below.
BACKGROUND
The Independent Broad-based Anti-Corruption Commission (IBAC) released a report on
misconduct committed by police officers in rural Victoria in Ballarat Police station. IBAC was
given CCTV footage from Ballarat police station showing a police officer brutally assaulting a
woman held in custody. IBAC (2016) also examined other cases confirming use of excessive
force by police on three women who were brutally mishandled at a public foyer within the same
station. The interesting bit of the two cases was that in both the incidents were captured on a
CCTV camera. This fact there proves that excessive use of force is the order of the day in the

station since the officers are not deterred from acting in unprofessional manner by the presence
of CCTV cameras meaning they are used to the misconduct.
It was due to the above police brutality incidents that IBAC decided to commence the
investigations by the name ‘Operation Ross.’ IBAC got involves in the matter because the
incident fell with its mandate for action. IBAC is tasked with investigating corruption cases and
police misconduct and making the necessary findings and recommendations. The investigations
mounted by IBAC extended to cover allegations on excessive use force to other people by
Ballarat police station officers. The commission also examined the Victorian police data which
revealed high complaint profile made against police officers at Ballarat police station. The
commission noted an area of concern particularly on the incidences of over-representation of
Ballarat Sergeants in complaint queries.
IBAC noted the response given by senior police management at the divisional level. The
commission was also concerned of the response given particularly by the professional Standards
Command (PSC). The report exposed the excessive use of force of Ballarat police station
officers which is against the law. The investigations dubbed operation Ross made findings that
there was total disregard of the law and mistreatment of women held in custody. IBAC founded
out that there was numerous loopholes and deficiencies in most of Victorian Police policies and
practical guidelines. Some of the deficient policies included policies concerning dealing with
officers facing multiple police complaints and strip search policy. IBAC made several
recommendations to the Victorian police force which included introduction of a charge for
common assault or other equivalent relevant charges and improvement of the policies guiding
Victorian police among other recommendations.
The violation of human rights such as respect and dignity has been common through the
alarming rate of footages showing Victorian police officers handlings suspects without dignity
and brutality. The violation of the Victorian Charter on Human rights by police officers is
therefore an area of public concern than need to be addressed by stakeholders urgently. The
Victorian police officers have violated some of the provisions of the Victorian Charter of Human
Rights and Responsibilities Act 2006 and policies governing the use of force. Some of those
policies are ineffective hence need upgrading in form of making improvement on them so that

they can efficiently deter the use of force, (Victorian Human Rights and Equal Opportunity
Commission Report 2008).
Tamar Hopkins (2009) has recommended several practical solutions that Victoria can adopt to
prevent Victoria police from excessive use of force. According to Hickman Mathew et all,
(2006) some of the strategies recommended are publishing both internal and external reports of
police brutality and issuing out satisfactory responses to members of the public. Tamar proposes
for an internal departmental intervention and proper disciplinary actions to officers facing
numerous complaints. Victoria has the highest number of reported police brutality cases due to
absence of any intervention measures into complaints made against police officers, (Flemington
& Kensington Community Legal Centre, 1992). Victoria can therefore adopt a system of having
an Independent police oversight authority which works well in Northern Ireland. (Prenzler &
Ronken, 2001) A body investigating police brutality cases is supposed to be impartial and
independent and fully dedicated to only handling police misconduct cases.( Prenzler, Tim 2009 )
Other states in Australia at least have internal intervention measures hence have not recorded
high police brutality cases as seen in Victoria.
OPTIONS TO THE CONCERNED MINISTER
Having looked at the report by IBAC concerning Operation Ross, Victoria has a long way to go
in ensuring that there is no excessive use of force by police. The situation has indeed worsened in
Victoria according to the IBAC report hence there is need for urgent but long term measures to
curb the situation. The measures would range from review of laws and amendment of police
policies to regulate the situation. The first option to the minister is to consider the role that IBAC
plays in handing the investigations and whether it is adequate. The IBAC has other mandates to
cover including corruption hence cannot effectively handle police brutality cases. It has been
argued that IBAC only covers 2% of the police brutality cases and leaves 98% of the cases to be
handled by the police force itself. The same police force being accused cannot handle the cases
effectively for better results. This paper therefore suggests to the concerned minister an option of
introducing a federal Independent Police Oversight Authority that will investigate and prosecute
the complaints without fear of favour. (Williams Kristian, 2006)

The oversight authority body will go a long way to ensure that the Victorian police force adhere
to the Victoria Police Code of Conduct which sets the professional and ethical standards for
police officers. The body will ensure that they adhere to the ethical values of safety, respect,
integrity and leadership while exercising their duties. According to the European court of Human
and Peoples Rights investigations concerning violation of human rights should be made in a
transparent, independent, prompt, and effective and victim centered manner. The parliament of
Victoria should consider reviewing the Victoria Police Act 2013 to include provisions for
charging police officers in court for common assaults and other related equivalent charges.
Currently Victoria has a working Office of Police Integrity whose main role is face out
corruption within the Victorian police service (Office of Police Integrity Report 2008). Handling
corruption only is not enough without an independent oversight Authority to handle excessive
use of force complaints. At the moment Victoria lacks an independent oversight authority on
police force and the Office of Police Integrity usually refers those complaints to the department
of police. A good Model of an independent police investigative urgency or commission that
Victoria can adopt is the Police Ombudsman of Northern Ireland and the Office of Police
complaints in Washington DC which is the best model due to its effective public hearing
adjudication of the complaint at the cost of the state (Williams, Kristian 2007).
Scholars have proposed that Victoria has to adopt an independent authority by the name
Independent Complaint Investigation Commission in Victoria. The adoption of and independent
commission to handle the investigations in accordance to human standards will ensure that the
Australia observes its international obligations as a state for instance the provisions of the UN
Convention against Torture (UNCAT). The commission will have to receive complaints,
investigate and adjudicate over the dispute. The commission will be new and therefore there will
be need to follow up on the success of the new commission. The following parameters can be
used by the responsible minister to gauge the success of the commission a few years after
inception. One of the parameters would be to consider the feedback of community members,
community advocates and other legal practioners. Such feedback will include whether the cases
of excessive use of force have reduced.
The implementing ministry will tell the success of the commission through a reduction of deaths
of individuals held in custody. This is in line with the value of police safety as a value under the

ethical standards of police as set by the ethical codes. The success of the new commission will
be determined by the number of arrest and convictions of police officers facing a number of
historical complaints. Apart from convictions, the commission can also initiate dismissal of such
officers from the service without any retirement benefits.
The minister should draw a comparison of effectiveness between the complaints investigation
and settling of the complaints by the commission and the complaints instituted in court under
civil proceedings. Both the commission and the civil litigation of the complaints must be
improved so that they supplement one another. Concerning civil ligation of police complaints in
court, the Victorian judiciary in conjunction with parliament should establish a List for Police
complaint at the county or Magistrate court for efficient and expeditious handling of police
complaint cases instituted in court for litigation. The gazetted judges and magistrates listening to
police brutality cases should be empowered by the law to adjudicate the complaints on a balance
of probability, make awards to the victims, recommend some cases to the DPP for criminal
prosecution, and dismiss rogue officers from service among other powers.
CONCLUSION AND RECOMMENDATIONS
IBAC Report on investigations dubbed Operation Ross has revealed the excessive brutality of
the Australian police force. The rate of excessive use of force by the police has been constantly
rising. If necessary measures are not put in place, Victoria police force will remain rogue and
continue breaching the set ethical standards instead of upholding them. The excessive use of
police force is common in Victoria because of the absence of complaints handling and
investigation mechanism. The Victorian law and policy makers have to work around the clock to
ensure that the situation is rectified. The major remedy discussed above is having an independent
oversight and investigative authority. The authority will impartially and without fear or favour
investigate rogue police officers, gather the necessary evidence and take the relevant action. The
remedies taken could include compensation of the victims, dismissal of the offending officer or
criminal charges for conviction.
According to Harding & Morgan (2008), the proposed independent police oversight body will be
premised on set international human standards hence prioritizing human rights in the course of
its investigations so as to achieve the intended purpose. The independent body will investigate

complaints in all institutions exercising the policing roles and the detention roles. The body will
therefore exercise an oversight role over transport security officers, security guards, Victoria
police, corrections Victoria, mental health institutions and hospitals among other detention and
policing facilities. The internal investigation mechanisms are unpopular among the public since a
police cannot independently investigate against a fellow police officer. IBAC is too
overwhelmed with the huge task of investigating corruption cases. The civil litigation system
also needs to be improved so as to complement the commission. The county and magistrate
courts must be empowered to make relevant orders concerning the complaints including the
worst orders such as conviction and dismissal from the police service.

References
Flemington & Kensington Community Legal Centre and the families of Mark Militano, Graeme
Jensen and Jedd Houghton 1992, Police Shootings in Victoria 1987-1989, You deserve to
know the truth.
Harding & Morgan 2008, “Implementing the Optional Protocol to the Convention Against
Torture: Options for Australia.” Report to the Australian Human Rights Commission
Hickman Mathew J Bureau of Justice statistics Special Report, US Department of Justice, NCJ
210296, Complaints about Police Use of Force 1 (June 2006)
IBAC (Vic) 2016, Operation Ross: an investigation into police conduct in the Ballarat Police
Service Area < https://apo.org.au/node/69977>
Office of Police Integrity’s 2008 Report “The Victorian Armed Offenders Squad – a case study”
Prenzler & Ronken 2001 157 “Models of Police Oversight: A critique,” Policing & Society Vol
11 No 3 at page 332
Prenzler, Tim 2009 Police Corruption: Preventing Misconduct and Maintaining Integrity, CRC
Press.
Tamar Hopkins(2009)A study of Human rights Compliance in police complaint models in the
US, Canada UK, Northern Ireland and Australia, Victoria Law Foundation
<https://www.parliament.vic.gov.au/images/Submission_4-
1_Hopkins_Tamar.pdf>(accessed 5 May 2019)
United Nations Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment
or Punishment 1987
Victorian Human Rights and Equal Opportunity Commission, 2009 “2008 report on the
operation of the Victorian Charter of Human Rights and Responsibilities: Emerging
Change”
Victoria Police Act 2013

Victorian Charter on Human Rights and Responsibilities Act 2006
Victorian Police Code of conduct- Professional and ethical standards, Victoria Police Manual-
Policy Rules
<https://content.police.vic.gov.au/sites/default/files/2019-01/VPMP_ProfStand.pdf?
_ga=2.262603468.1906014101.1559673068-530961695.1559673068>
William A Westley, (1964) ‘Violence and the Police,” in Police patrol readings, ed. Samuel G.
Chapman, Springfield IL: Charles C Thomas, pp, 284
Williams Kristian, (2006) “American Methods, Torture and the Logic of Domination” South End
Press
Williams, Kristian (2007), “Our Enemies in Blue, Police and Power in America” South End
Press