Flemington & Kensington Community Legal Centre

What can I do if police have assaulted me?

Each situation will be different.  Here are somethings to think about.  A lot will depend on whether you are in custody, in the community, or in another form of detention (such detained in hospital).

1.  See a doctor.

(a) You should go to a doctor as soon as possible. It is essential you ask the doctor to record not only your visible injuries, but also all pain, nerve damage, cartilage damage, tingling, numbness, soreness, aches, stress levels, sleep patterns and thoughts.

Youth Friendly Doctors

North Yarra Community Health

Links to Community Health Centres

Asylum Seeker Resource Centre - doctors for asylum seekers

If you contact a CLC for assistance, they may be able to help you get a proper forensic assessment.

(b) If you are in custody, you have the right to see a forensic medical officer, or go to hospital.

2.  Take photos of your injuries.

3. You need to get support through as many ways as possible.  Friends and family are important,  it is also good to reach out to youth workers, advocacy agencies, legal centres, counsellors, community agencies, people in your community, teachers, fellow workers.  Some people experience extreme fear and distress. Get support. Local youth workers and community supports can be extremely helpful in helping you through the process.

Centre for Multicultural Youth - young newly arrived people/refugees

Foundation House- people with previous trauma experiences

 Melbourne City Mission

4.  See a solicitor as soon as you can to talk about your complaint and other legal options.  There is a 12 month limitation period on complaints and 3 years on civil litigation.

Community Legal Centres

What are my legal options?

Under international law, where you allege the police have violated your rights you are entitled to:

a) compensation if your rights are found to have been violated.

b) an effective investigation of your allegations capable of leading to the discipline and prosecution of the police involved.

c) the Victoria Police to learn any lessons to reduce the chances of further violations.

There are four potential avenues to seek compensation:

1. Victims of Crime Application

2. Taking Civil Action against the police.

3. Making a complaint to the Victorian Human Rights and Equal Opportunity Commission or Australian Human Rights and Equal Opportunity Commission

4. Writing directly to the Victoria Police for compensation under their asset management guidelines in the Victoria Police Manual.

In order for your complaint to be investigated and lead to discipline/prosecution, you may need to make a complaint.

If you complain to the Office of Police Integrity, it is most likely your complaint will be forwarded to the Victoria Police. A present in Victoria, 97% of complaints are investigated or otherwise managed by police.

Speak to a solicitor about these options. They can help you through any investigation process.