Last updated 15 August 2022
A common complaint relating to the conduct of police officers is that they have assaulted a detained or arrested person. Such allegations, like any other complaint, are more likely to result in a prosecution if there is corroborating evidence, such as a recording of the incident or bruising. A person who has been assaulted should as soon as possible visit a medical practitioner so that any injuries or marks caused by such assault can be established and independently verified. It may also be prudent to photograph any injuries or marks. It is also important to report such a complaint to the Crime and Corruption Commission (CCC) immediately, as the CCC may investigate alleged assaults promptly while evidence is still fresh.
Section 6A.1 of the Police Service Administration Act 1990 (Qld) (PSA Act) imposes a duty on all police officers or staff members who have any knowledge of, or a reasonable suspicion about, the misconduct of another officer to report the matter to the Police Commissioner and the CCC. In addition to this requirement, s 37(2) of the Crime and Corruption Act 2001 (Qld) (Crime and Corruption Act) requires the Police Commissioner to notify the CCC of all complaints of police misconduct. Section 38 of the Crime and Corruption Act requires a public official to notify the CCC of all matters giving rise to a suspicion of corrupt conduct. Investigation of such complaints can lead to criminal or disciplinary charges.