Investigations into the use of OC spray by Victoria Police

By The Independent Broad-based Anti-Corruption Commission (Vic)\

When IBAC identifies areas of concern indicating possible systemic problems, they conduct a thematic review. This involves an analysis of a series of reviews on a specific theme or topic and usually results in a report identifying systemic and emerging issues for Victoria Police.

IBAC regularly assesses and refers allegations of excessive use of force to Victoria Police where it is considered that Victoria Police is the more appropriate body to conduct the investigation. IBAC reviews some of these investigations once they are completed.

Incidents where Victoria Police officers have allegedly misused OC spray have attracted media attention and public concern in recent years. In some cases, alleged victims have taken legal action against Victoria Police.

IBAC has investigated specific cases of use of force including the use of OC spray in Operations Henty and Boyne. The use of force by Victoria Police officers is an ongoing focus for IBAC.

Key findings:

• IBAC identified issues with all 15 investigations reviewed and found that nine investigations were not of the expected standard. IBAC’s reviews also indicated that some Victoria Police officers consider that using OC spray is a ‘low level’ type of force.

• This was evident by the actions of officers during incidents, the classification of complaints involving the use of OC spray as ‘minor misconduct’, and the standard of most internal investigations that examined these incidents.