Flemington & Kensington Community Legal Centre

Legal Options

What are your client’s legal options?

1. Making a complaint to the Federal or State Human Rights and Equal Opportunity Commissions (For racist policing, racial vilification and excessive use of force because of your client’s race/religion other disadvantage)
2. Providing a Brief of evidence to the Office of Public Prosecutions to prosecute the Victoria Police for assaulting your client. (test case required)
3. Taking civil action against police for negligence (need 5% permanent physical injury or 10% permanent psychiatric injury)
4. Taking civil action against individual police where they intended to cause injury to your client (excessive use of force, wrongful arrest, false imprisonment, malicious prosecution)
5. Victims of Crime Compensation Tribunal application. 
6. Complaining to the Office of Police Integrity (for excessive use of force/racist/discriminatory policing/failure to act - note at this stage 97% of complaints are referred to the police for investigation or management)  
7. Judicial Review – failure to act/bias decision making/failure to take into account relevant considerations.
8. Communication to the UN’s Human Rights Committee- if all domestic remedies have been exhausted.
9. Media/Newpapers/TV/Radio
10. Seeking compensation through Victoria Police's asset management policies.
    

There are potential difficulties with each of these options so it is worth talking to other CLC workers/solicitors/barristers before advising your client on these issues.

It is also worth noting that the Charter of Human Rights and Responsibilities Act 2006 and international law are highly relevant to each of these actions.