Wednesday, 27 January 2016 11:24

Human rights considered in Police Registration and Services Board decision

In Review Decision A72/2015 (decision on publication), the Police Registration and Services Board considered the human rights of witnesses to police misconduct in considering whether it was in the public interest to publish material in a disciplinary decision that could lead to witness identification. The Board requested submissions from the Commission as an intervener.

The Commission's submission outlined findings from its Independent Review into Sex Discrimination and Sexual Harassment including predatory behaviour in Victoria Police and outlined relevant human rights the Board should consider in deciding whether or not to publish identifying information of a target/victim of police misconduct.

The Board accepted the Commission's submission that identification of complainants has a real risk of causing further harm and detriment and a real risk of deterring the making of such complaints by others in the future.

In applying the open justice provisions of the Victoria Police Act 2013, the Board considered that the human rights to privacy and security of especially vulnerable persons and other public interests outweighed the public interest in publishing material identifying the witness in this matter.

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