What is a victims’ rights complaint?
As a victim of crime, you may make a complaint if you believe a justice agency has not complied with your victims’ rights or are dissatisfied with the justice agency’s services in relation to victims’ rights.
Justice agencies must, as soon as practicable, tell you how you may:
- make a justice agency complaint to the justice agency; or
- if you believe the agency has not complied with your victims' rights - raise a victims' rights concern to the commissioner or make a victims' rights complaint to the human rights commission; or
- if another entity has power to deal with the matter - make a complaint about the matter to the other entity.
If you make a justice agency complaint to a justice agency, the justice agency must:
- give you information about the process that will be used for resolving the complaint (which can be found below); and
- take all reasonable steps to resolve the complaint as soon as practicable.
To make a complaint to the AFP, you can:
- Visit your nearest police station and speak with an officer in person;
- Complete an online form at Feedback and complaints; or
- Contact AFP Workplace Issues & Resolution Team:
Phone: 02 5126 8323 (answering service only)
Mail: WICR team GPO Box 401, Canberra City ACT 2601
Once you make a complaint to the AFP, it will be dealt with under the Australian Federal Police Act 1979 (Cth) and various internal governance.
When a complaint is received, the AFP’s complaint management team, named the Workplace Issues & Complaints Resolution team, will review the complaint, categorise it according to the Australian Federal Police (Categories of Conduct) Determination 2023 and send it to the relevant area of the AFP for resolution.
When a complaint is submitted to the Workplace Issues & Complaints Resolution team, the person that submitted the complaint (the Complainant) will receive an acknowledgment via their preferred contact method. This acknowledgment will provide a reference number, contact details and more information regarding the AFP complaint management process, including timeframes.
Complaints that allege Category 1 or Category 2 conduct (per the Australian Federal Police (Categories of Conduct) Determination 2023), will remain with the Workplace Issues & Complaints Resolution team to manage. Conduct that meets the definition of Category 3, are referred to the AFP’s Professional Standards team.
Some Category 1 matters are more appropriately managed informally via a referral to the appropriate business area within the AFP. The Workplace Issues & Complaints Resolution team make this referral, and the appropriate business area will investigate and resolve the matter directly with the Complainant.
How a complaint is resolved is dependent on the category of the Complaint.
If a complaint is managed informally, the matter will be considered resolved when either:
- the member managing the Complaint has given an adequate explanation of the facts, the law or AFP practices and procedures or has taken other reasonable action; or
- several reasonable documented attempts, on differing days and times have been made to contact the Complainant via all contact methods provided and the AFP has not received a response.
In some cases, the Complainant may not be satisfied with the resolution, however if the AFP believes further attempts at resolution are unlikely to be successful, the matter may still be resolved.
All other matters will be considered resolved when the Complainant and the Subject/s of the same complaint have been notified of the outcome in writing.
Further information about the AFP’s complaints process can be found here.
Victims of Crime Commissioner
- complete their online form; or
- phone 1800 822 272.
Human Rights Commission
- complete their online form; or
- phone 02 6205 2222.
Commonwealth Ombudsman
- complete their online form; or
- phone 1300 362 072.
Australian Commission for Law Enforcement Integrity
- send an email to contact@aclei.gov.au;
- or complete their online form.
Can I make my complaint orally or in writing?
A complaint may be made orally or in writing. A justice agency must record an oral complaint in writing if:
- the justice agency considers the complaint is of a sufficiently serious nature to be recorded in writing; or
- you ask the agency to record the complaint in writing.
A justice agency complaint may be withdrawn at any time by:
- you (the victim); or
- If you have nominated a representative to make the complaint – your representative.
If you make a complaint, you must provide the justice agency with any documentation or information that is reasonably required by the justice agency to resolve the complaint.