NCJ Number
50532
Date Published
1978
Length
143 pages
Annotation
THE AUSTRALIAN LAW REFORM COMMISSION RECOMMENDS NUMEROUS CHANGES IN THE HANDLING OF COMPLAINTS MADE AGAINST MEMBERS OF THE VARIOUS POLICE FORCES IN AUSTRALIA.
Abstract
PREVIOUS RECOMMENDATIONS OF THE LAW REFORM COMMISSION CONCERNING AN EFFECTIVE SYSTEM FOR HANDLING COMPLAINTS AGAINST POLICE WERE INCORPORATED INTO LEGISLATION THAT WOULD HAVE UNIFIED SEVERAL EXISTING FORCES INTO A NEW AUSTRALIA POLICE FORCE. ALTHOUGH THIS LEGISLATION DID NOT BECOME LAW, MANY OF THE PROPOSED CHANGES IN POLICE PROCEDURE WERE DEEMED VALID AND WORTHY OF INDEPENDENT ADOPTION BY THE SEPARATE POLICE FORCES. FOLLOWING ADDITIONAL PUBLIC HEARINGS AND AN EXAMINATION OF RECENT FOREIGN LEGISLATION, THE COMMISSION SUPPLEMENTS ITS INITIAL PROPOSALS IN THIS REPORT. THE NEW PROPOSALS PROVIDE THE PUBLIC WITH THE OPTION OF ADDRESSING COMPLAINTS EITHER TO THE POLICE OF TO AN OMBUDSMAN. IT IS RECOMMENDED THAT GOVERNMENT PUBLICATIONS BE PREPARED TO INFORM THE PUBLIC OF THE MECHANISM FOR DEALING WITH COMPLAINTS AND THAT ANONYMOUS COMPLAINTS BE INVESTIGATED AS THOROUGHLY AS POSSIBLE. AN INTERNAL INVESTIGATIONS UNIT WITHIN THE POLICE FORCES IS SEEN AS BOTH DESIRABLE AND FEASIBLE, AND ITS FORMATION IS RECOMMENDED. PROCEDURES TO BE FOLLOWED BY THIS UNIT ARE DESCRIBED, INCLUDING THE BRINGING OF CHARGES BEFORE A SPECIAL POLICE TRIBUNAL. ADDITIONAL DISCUSSION IS GIVEN TO THE TOPICS OF THE POLICE DISCIPLINE CODE AND THE HANDLING OF FALSE REPORTS. A BIBLIOGRAPHY AND AN INDEX ARE PROVIDED. (TWK)