Complaints against the New South Wales Police Force : analysis of risks and rights in reported police conduct

Citizens subjected to wrongful arrest, incivility or other police misbehaviour need access to a sound and objective system for making complaints about police conduct that infringes their fundamental human rights. This qualitative empirical study examined potential human rights violations in written descriptions by 91 legal practitioners and client advocates of events culminating in a formal complaint against the New South Wales Police Force (NSWPF). The descriptions were systematically coded to identify the types of police behaviours that led to complaints, the nature and extent of any human rights violations, and the degree of legal risk exposure to the NSWPF in the reported conduct. The majority of the complaints resulted from police inaction (30%) or unlawful behaviour (25%), and involved moderately high or high risk behaviours exposing the police to potential legal liability and diminishing police legitimacy. The reported police conduct was not trivial and impinged upon multiple rights of citizens, particularly the right to security of person and equality before the law. Increased awareness of human rights issues implicated in citizen complaints and the potential for costly litigation will assist police in responding more effectively to complaints and will enhance community confidence in police.