Complaints Process
Most complaints to the IPCA are not investigated by the Authority but are referred to the Police to investigate. However, the IPCA oversees the Police handling of these complaints, usually by conducting a review or audit of the Police investigation after it is completed. In cases involving fatalities or allegations of serious misconduct, the Authority does conduct its own investigations. It may also investigate incidents in which there is a significant public interest in having an independent investigation - for instance when allegations are made against a senior Police officer.
How the IPCA handles complaints is based on a number of factors - the first being how serious the complaint is. The Authority receives about 2000 complaints every year but has only nine investigators - so it has to prioritise its investigators onto the most serious cases. Another consideration is whether or not the complainant alleges police have broken the law. If a complaint may lead to an officer being charged with a criminal offence, the Police have to conduct an investigation because the IPCA does not have the power to lay charges. However, the IPCA can conduct a parallel investigation, overseeing or directing the Police investigation, or reviewing the Police investigation once it is completed.
In order to manage the complaints process, the Authority has established five categories or levels of seriousness. In 2011 the Authority classified 138 incidents and complaints as 'Category 1' - serious enough to require independent investigation by the Authority. They included allegations of serious assault by Police officers, failure by Police to adequately investigate serious matters, and deaths or injuries following Police pursuits. Another 60 were classified as 'Category 2' requiring review by the Authority. Category 2 incidents include inappropriate behaviour by police, alleged corruption, and assaults. However, the vast majority of complaints are classified as Category 3, 4 or 5 and are resolved by way of direct correspondence with the complainant.
Read more about this topic: Independent Police Conduct Authority
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