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(VIC) Ensure Victims of Crime Do Not Have to Make Complaints About an Agency Directly to That Agency
- Charlotte Retford, Ella Kinninment & Lucy Lamb
- Jan 29
- 7 min read
Author: Charlotte Retford, Ella Kinninment & Lucy Lamb | Publish date: 29/1/2026
P: In VIC, if a victim of crime has a problem with how an agency treats them, they must complain to that agency first.
S: The VIC Minister for Victims should make amendments to allow victims of crime to not have to make complaints about an agency directly to that agency (see solution identification).
Problem Identification:
Section 25A(b) of the Victims of Crime Commissioner Act 2015 (VIC) specifies that ‘a person may make a complaint to the Commissioner … if the person … has first made a complaint to the agency … and is dissatisfied with the agency’s response’. The Victims of Crime Commissioner (VOCC) stipulated that victims of crime may only make a complaint to the Commissioner if they believe an agency is in breach of the Victims Charter Act 2006 (VIC).
According to the Federation of Community Legal Centres Victoria (FCLC), this means that victims cannot make complaints directly to the VOCC. FCLC noted that the process has ‘caused further trauma’ as victim-survivors felt unsafe. The Victorian Aboriginal Legal Service (VALS) also reported that the process is causing a disproportionate impact on Aboriginal communities who experience ‘systemic racism’.
Context:
The VOCC refers to an ‘independent statutory officer with a responsibility to promote the needs of victims of crime to government and the inclusion and participation of victims of crime in the justice system.’
Agencies refer to prosecuting, investigatory, and victim support agencies. This can include the Director of Public Prosecutions, a police officer or a person authorised by an enactment to investigate a criminal offence and/or any entity, or public official who is responsible for the provision of services to persons adversely affected by a crime.
Arguments:
According to the FCLC, ‘victims [feel] discouraged from making a complaint … as it means returning to that agency, where they may have experienced significant barriers and victimisation.’ For example, FCLC noted that, ‘many victims do not feel safe reporting to police in the first place, let alone returning to police to make a complaint about how they were treated’. A VOCC inquiry revealed that 38% of survey respondents chose not to report a complaint directly to police. Victim-survivor respondents further reported feeling as if they have ‘no control and no say’ under the status quo, stating the process ‘is disturbing and so disempowering’.
According to the VOCC, when victims of crime have to report complaints directly to the agency first, this process can lead to further trauma. A victim of crime reported to the VOCC that police ‘did not take due care and attention of the victim, were dismissive entirely of the trauma caused’. Another victim-survivor informed the ABC that the ‘[police] force’s handling of her complaint left her feeling traumatised, betrayed and reeling from a deep sense of injustice’.
VALS highlighted that the process has had a disproportionate impact on Aboriginal people’s access to justice, as they are ‘less likely to make a formal complaint.’ RMIT’s Centre for Innovative Justice indicated that most Aboriginal victim-survivors ‘don’t feel safe reporting a crime to police’ due to the 'over-policing of Aboriginal communities and violence perpetrated … by the system.’ The Independent Broad-Based Anti-Corruption Commission expressed that Aboriginal communities possess ‘a lack of confidence in the police complaints system, driven by concerns about inherent bias in the investigation process’. Aboriginal respondents informed VIC’s Anti-Racism Strategy that ‘too often our experience with the justice system has been a negative experience. Once bitten then twice shy.’ VALS further reiterated that ‘our communities have no faith in the police complaints system’.
Advice/Solution Identification:
The FCLC supports a direct line of contact between victims of crime and the VOCC regarding victims’ agency complaints. The FCLC expressed that this could ‘enable effective accountability and oversight.’
VALS, the Human Rights Law Centre (HRLC) and the Police Accountability Project all broadly support the introduction of an independent complaints system for police agency complaints. The HRLC noted that an independent system could increase ‘transparency and accountability’ in the complaints process.
Precedent:
There is domestic precedent for allowing victim-survivors to directly contact the VOCC regarding agency complaints. SA and QLD have both established a direct line of contact between victims of crime and the Victims of Crime Commissioner. In NSW, an independent ‘advocate for victims’ has been introduced.
Public Support:
Allow victim-survivors to directly contact the VOCC regarding agency complaints
Support the introduction of an independent complaints system for police agency complaints:
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
ABC News - “Survivors of sexual abuse and victims' families raise concerns over dealings with Victoria's state prosecutors”. Survivors raised concerns about the level of support and contact they had with Victoria’s Office of Public Prosecutions. By: Jessica Longbottom | 6 March 2023 - Read the article here.
ABC News - “Police corruption and brutality come under the microscope in new book When Cops are Criminals”. Police avoided accountability regarding abuse, particularly of Aboriginal people, due to the internal investigation process. By: Mawunyo Gbogbo | 16 Aug 2024 - Read the article here.
ABC News - “Victoria Police promised no more 'special treatment' for abusive cops. Three years on, victims feel betrayed”. Australia failed to hold abusive and violent police officers to account, with advocates having called for an independent oversight body to investigate police misconduct. By: Hayley Gleeson | 29 April 2025 - Read the article here.
Police Accountability Project - “How close is Victoria to having independent investigations of police misconduct?” Victoria Police continued to investigate themselves despite numerous bodies and a parliamentary motion in support of an independent investigator. By: Anthony Kelly and Allen Tong | 12 Oct 2020 - Read the article here.
Where to go to learn more:
(2025) Review of the operation of the Victims’ Charter Act 2006 and its benefits for victims - This report by the VOCC explained how Victoria’s victims’ rights law should be improved, demonstrated by consultations with over 150 victim-survivors and lived experience representatives, and over 50 criminal justice and victims’ service stakeholders. Read the full report here.
(2022) Victoria Police handling of complaints made by Aboriginal people - Audit report - This IBAC audit report showed that although Aboriginal people are over‑represented in serious police incidents, they made very few complaints, and those complaints are rarely upheld due to bias, poor investigations and weak accountability in Victoria Police’s current system. Read the full report here.
(2020) Improving support for victims of crime: Key practice insights - This report by the Centre for Innovative Justice at RMIT University analysed how Victoria’s victim support system is currently falling short and recommended more flexible, victim‑led services. Read the full report here.
Victims of Crime Commissioner Act 2015 (VIC) - Read the full Act here.
Human Perspective:
Trigger Warning: Mention of domestic violence, coercive control, police mishandling and assault.
Sally, 27, lives in a regional town and is in a relationship with John, a senior constable in the town’s police force. To the community, John was a hero; at home, he used his knowledge of the law to control Sally. He would often say, ‘Who are they going to believe? A decorated police officer, or a woman who’s 'unstable'?’. The abuse eventually led Sally to develop severe anxiety and a panic disorder. One evening, after an assault, Sally waited until John was on a night shift and drove to a station 2 towns over, hoping for anonymity. When she sat down in the intake room, the young constable looked at her ID. His face immediately changed. ‘You’re John’s partner, aren't you? He’s a legend. We did training together last month.’ The atmosphere shifted from professional to ‘helpful’ in a way that felt like a trap. Sally felt as if the constable did not listen to her story. He didn't open a formal file as he did not think the situation was as serious as Sally had said. This lack of consideration from the young constable made Sally feel more unsafe, unsupported, and like she had nowhere to turn. When Sally left John a few months later, she reflected that the complaint was mishandled, biased and she wanted to do something about it. Sally spent several months trying to report what she believed was serious police misconduct, submitting detailed complaints through the official internal police channels as she was instructed to do. However, each time she submitted a report, her report was referred back to the same department for review. This resulted in brief interviews, delayed responses, and assurances that the matter was being ‘looked into’. Despite providing additional statements and evidence when requested, Sally found herself caught in a repetitive cycle of internal reviews that appeared more focused on defending the police’s reputation than investigating her claims. As weeks turned into months with no clear outcome, Sally grew increasingly depressed and disheartened by the complaints process. She felt powerless within a complaints system that seemed designed to silence her, rather than support her as a victim of crime.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/A
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Reference list:
Ellis, S. & Kelly, A. (2017). Independent Investigation of Complaints against the Police. Police Accountability Project. https://www.policeaccountability.org.au/wp-content/uploads/2017/09/Policy-Briefing-Paper-2017_online.pdf
Gbogbo, M. (2024, Aug 16). Police corruption and brutality come under the microscope in new book When Cops are Criminals. ABC News.
Gibbs, L. (2025, Feb 17). Letter to the Victims Of Crime Commissioner. Federation of Community Legal Centres VIC. https://assets.nationbuilder.com/fclc/pages/715/attachments/original/1740989016/250217_Federation_Letter_to_VOCC_-_Victims_Charter_Review_-_Redacted.pdf?1740989016
Gleeson, H. (2025, Apr 29). Victoria Police promised no more 'special treatment' for abusive cops. ABC News. https://www.abc.net.au/news/2025-04-29/victoria-police-sofvu-family-violence-serving-officers-victims/105215930
Hopkins, T., McCulloch, J. & Weber, L. (2018, Sept 14). New body for complaints against police is a good move, with caveats. UNSW Sydney. https://www.unsw.edu.au/newsroom/news/2018/09/new-body-for-complaints-against-police-is-a-good-move--with-cave
Human Rights Law Centre. (2018). Tip of the iceberg: Victims’ shocking stories of a broken police complaints system. https://www.hrlc.org.au/news/2018-4-4-2hbfa7vqh850i2zjf8i4trzwxhhy47/
Independent Broad-Based Anti-Corruption Commission. (2022, May). Victoria Police handling of complaints made by Aboriginal people: Audit Report. https://www.ibac.vic.gov.au/media/239/download
Kelly, A. & Tong, A. (2020, Oct 12). How close is Victoria to having independent investigations of police misconduct? Police Accountability Project. https://policeaccountability.org.au/independent-investigations/how-close-is-victoria-to-having-independent-investigations-of-police-misconduct/
Longbottom, J. (2023, Mar 6). Survivors of sexual abuse and victims' families raise concerns over dealings with Victoria's state prosecutors. ABC News. https://www.abc.net.au/news/2023-03-06/child-sexual-abuse-survivors-office-of-public-prosecutions-court/102031750
Victorian Aboriginal Legal Service. (n.d.). Police Accountability. https://www.vals.org.au/police-accountability/
Victims of Crime Commissioner. (2024, May). Regulatory Approach. https://victimsofcrimecommissioner.vic.gov.au/media/znylihj1/vocc-regulatory-approach-may-2024.pdf
Victims of Crime Commissioner. (2025, Sept). Review of the operation of the Victims’ Charter Act 2006 and its benefits for victims. https://victimsofcrimecommissioner.vic.gov.au/media/rkrddsjh/final-charter-review-report.pdf
Victims of Crime Commissioner. (2023, Nov). Silenced and Sidelined. https://victimsofcrimecommissioner.vic.gov.au/media/lpufjx5h/silenced-and-sidelined_systemic-inquiry-into-victim-participation.pdf
Victims of Crime Commissioner. (2023, Nov). Silenced and Sidelined Part 2: Are Victims Participating?https://victimsofcrimecommissioner.vic.gov.au/media/5juh1u3e/silenced-and-sidelined_part-2.pdf
Victims of Crime Commissioner Act 2015 (VIC). https://content.legislation.vic.gov.au/sites/default/files/0ef0cd69-331a-312e-84b0-0b39e9a033dd_15-56aa003%20authorised.pdf
Victims of Crime Commissioner. (2026). About the Victims of Crime Commissioner. https://victimsofcrimecommissioner.vic.gov.au/about
Victims Charter Act 2006 (VIC). https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/vca2006175/s3.html
Victorian Government. (2024, Nov 28). Victoria’s Anti-Racism Strategy 2024-2029: Racism in the Justice System. https://www.vic.gov.au/victorias-anti-racism-strategy-2024-2029/case-change-why-we-need-strategy/racism-community-and-public-places/racism-justice-system
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