Complaining About The Police

If you feel you have been unfairly treated or had your rights violated by the NSW Police, you have the right to complain.

Written complaints can be delivered or mailed to your local police station. They can also be mailed to the Customer Assistance Unit at PO Box 3427, Tuggerah, NSW or lodged online. Information on how to lodge a complaint can be found here.

You can also lodge a complaint directly to the Law Enforcement Conduct Commission (LECC). The LECC is an independent statutory body responsible for investigating complaints against the police. It has its own independent investigators for these cases. You can get details on how to make a complaint here.

Help

If you need help putting your complaint into writing, you can contact your local Community Legal Centre. You can also try your local Neighbourhood Centre for help writing out your complaint.

If you are unsure about how to proceed with your complaint, you can speak to a lawyer and get some legal advice about making a complaint. The Community Legal Centres NSW website has a list of where to get free legal advice. The Redfern Legal Centre has useful advice on how to make a complaint about police.

Formal and informal complaints

A complaint made in person or by phone is often considered an informal complaint. Often this is an easy way to resolve minor disputes resulting from misunderstandings. If you are uncomfortable speaking to the police officer involved, you can ask to speak to the supervising officer (called a duty officer of the police station). Informal complaints will be generally dealt with informally, which.means a record won’t be kept of your complaint.

If you feel the matter is serious and needs to be handled by more than a duty officer, then you should put in a written, or formal complaint. When you make a written complaint NSW Police must follow their complaints policies and procedures, and there will be a written record of the complaint and outcome.

What behaviour can I complain about?

You can also make a complaint about police behaviour if police were:

  • Behaved abusively

  • Behaved corruptly

  • Used threats or harassment

  • Failed to take appropriate action in circumstances of domestic violence

  • Used excessive or unnecessary force

  • Made unlawful or unreasonable arrest

  • Discriminatory behaviour leading to bias or mistreatment by police

  • Used unfair or improper interrogation

  • Failed or delayed you from accessing your legal rights

  • Release of confidential information inappropriately

  • Unreasonable use of a taser, capsicum spray or batons

  • Apprehended violence and/or stalking by a police officer

Even if you weren’t the target of this behaviour, you can issue a complaint if you witnessed it.

Tips

There is no time limit on complaints. Whether you are making an informal or formal complaint it is important to outline the facts clearly. Some tips of what information to include:

  • What happened and where did it occur.

  • Time and day it happened.

  • Who was involved: name, rank and station of officer (or, if police weren’t willing to identifying themselves you should include this in your complaint).

  • What police did and said.

  • If there are any witnesses record their names and contact details (also ask witnesses are they willing to support your complaint or make their own complaint).

  • Any supporting documents or evidence you have of any damage or injury caused by the incident.

  • It is very important to include in your complaint how you would like it to be resolved. What resolution do you want from the complaint – an apology, reimbursement for damages etc?

You can also see if witnesses took photos or videos with their phones. It might also be worth asking if any of the witnesses or anyone else involved is interested in making a complaint. You will then be able to corroborate each others’ version of the events and you may find it easier to go through the complaint process with someone else.

If your complaint involves a serious matter and you are worried about it not being taken seriously, you can ask your lawyer or legal representative to make a complaint on your behalf. You can also approach your local Member of Parliament and ask them to submit a complaint on your behalf.

Can I complain anonymously? 

If you are worried about repercussions, you can make an anonymous complaint. However, if you make an anonymous complaint the investigator will not be able to contact you to discuss your complaint or let you know if any changes are made because of your complaint.

Often people worry that the police involved will be informed that you have made a complaint about them. Police will not be told who has made the complaint. Also you can make sure you write in your complaint that you do not want investigating police to come to your house to question you about the complaint, as this can be intimidating. If you are interviewed, you can take a support person or legal representative with you.

What happens next?

Once your formal complaint reaches the NSW Police Customer Assistance Unit, they will notify you about how they intend to process your complaint. All complainants are guaranteed confidentiality, so you do not need to fear repercussions while your complaint is being investigated.

You can expect to be kept informed of the progress and be consulted regarding the action they intend to take to deal with your complaint. You will also be asked at the end of the process if you are satisfied with the action taken in response to your complaint.

If you need further help, you can contact the Customer Assistance Unit on 1800 622 571 to obtain assistance on how to lodge a complaint.