Police

Reporting Crime in Victoria

One of the primary reasons people interact with police is when they have been witness to, or experienced, a crime. If you’ve seen or experienced something illegal you are able to report this by:

– Calling 000 and asking for the police

– Calling the number of your local police station.

– Calling the Police Assistance Line on 131 444

– For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

· Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.

· Bringing a support person with you – this could be a friend, a legal advocate or support worker. In VIC, you will also be able to ask for a Gay and Lesbian or LGBTQ+ Liaison Officer (explained below).

· If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also able to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here.

Support While Reporting

While attending a police station or reporting over the phone you are also able to request a liaison officer – liaison officers are police who are trained to support specific communities. In NSW this includes;· GLLOs (Gay and Lesbian or LGBTQ+ Liaison Officers) are officers with specific training about wider LGBTQ+ community issues, needs, and challenges our communities have in interacting with the police.

· DVLOs (Domestic Violence Liaison Officers, or sometimes, Family Violence Liaisons) are specialist officers trained to support the victims of domestic and family violence through the process of reporting, prosecuting, and referrals to services.

· Aboriginal Community Liaison Officers (ACLO) assist in developing, implementing, monitoring and reviewing programs that seek to bring about positive outcomes between police and First Nations people.

· Multicultural Community Liaison Officers (MCLO) assist in improving access and understanding of the role of police with multicultural communities.

· Youth Liaison Officers (YLOs) are officers who are responsible for delivering cautions and referring young people to youth justice conferences. YLOs are often the main point of contact between the Police Force and Juvenile Justice.

Support after a violent crime

If you experienced a violent crime, you also have a right to access free support. In NSW the Victims Services Approved Counselling Scheme offers free counselling to eligible people. For more information, contact the Victims Access Line (VAL) on 1800 633 063.

Preparing for interactions with Police

Even if you have no intention of interacting with law enforcement, an encounter may be unavoidable… While some interactions with law enforcement are completely unforeseen, you may have some time to prepare for a potential interaction – American Transgender Law Association – Transgender people and law enforcement interactions: Rights and Realities.1

Whether you aim to or not, most people will have some kind of interaction with police during their lifetime.

Police have discretionary powers, meaning they make decisions based on their own judgement and interpretation of the situation. Most of the time these interactions are short and inconsequential.

However, if you are worried and you have time to prepare here are some tips:

1. Remain calm and outwardly polite: It’s important to remember that police will have inconsistent training about how to interact with people who are stressed or scared. If you have a moment, take some deep breaths and try to ground yourself before the interaction. If police believe you are being rude or unhelpful, they may decide to escalate the situation.

2. Remember, you are allowed to ask questions: It can be tricky to understand when you are legally obligated to do something that police are asking, or if it is just a request. You are able to clarify, by asking “am I free to leave?” or other questions too about if you have to continue talking with them.

3. Ask someone to stay with you: Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

4. Take notes: After the interaction, if something felt wrong, it’s a good idea to write down what happened. This can include the name of the officer who approached you and any identifying information.

Remember that in these interactions you have the right to be free from discrimination, harassment and purposeful intimidation. If you have experienced discrimination, misconduct, or feel that you have not been treated fairly by a police staff member or from the police force more broadly, it is possible to make a complaint.

Drug Searches

Victoria has its own police force and laws, and police powers to search you can vary depending on the situation. Victoria Legal Aid has a page dedicated to Police powers and my rights.

Police may conduct a search if they have reasonable suspicion that you’re in possession of;

· An illegal drug or substance.

· A firearm or weapon.

· Anything that is stolen.

· Anything used in the commission of a serious offence (such as materials commonly used in burglaries, for example)

Generally, police cannot force you to unlock your phone unless they have a warrant. If police request you unlock your phone, ask them politely if they require a warrant to force you to unlock the phone. If police tell you they don’t need a warrant, but it turns out they do need a warrant, and they have misled you, then any evidence from that phone may be inadmissible in court.

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

· Ask why they think they need to search you.

· Use the phrase “I do not consent, but I will comply and co-operate”.

· Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

· A police officer of the same gender as you should conduct a strip search.

· For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.

· If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.

· For any other search of a body cavity, the police need to have your consent or a court order.  For more information about strip searches in VIC check out Legal Aid Victoria’s Webpage on Police Searches.

Protests

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests2.

If you are detained or fined while protesting, contact a lawyer or community legal centre. Legal Aid Victoria and Fitzroy Legal Service Fitzroy Legal Service (who run Q+Law) have extensive information and advice on police powers.

To learn more about protests and police powers in VIC, check out Fitzroy Legal Service’s community activism webpage. Or visit CounterAct, a South Australian based not-for-profit that started to support community action for social justice.

Your records with police

Police will keep information about your interactions with them, including your name and gender. Depending on the nature of these records, they may be accessible to other people. Especially if you have a charge against you and someone requests a National Criminal History. This involves searching your name against the criminal history records held by police across Australia.

You can update your name and/or gender marker with Police once these are legally affirmed on a birth certificate. This can often be done by going into a police station and

asking them to create ‘an event’, which is a form of record in their system, to update your name.

Any former names will always be in the system too. Ensure that they are entering your affirmed name as the ‘main name’ and that your old name/deadname is entered as a ‘subsidiary name’. This should mean that even if your old name is searched for, you will be referred to by your affirmed name.

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through your State or Territory police. All of these checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

Working with Children Check

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check In VIC, this is called a ‘Working with Children Check’ (WWC), and this process is managed by the Department of Child Protection and Family Support Screening Unit.

To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your WWC card and pay fee.

You may be exempt from requiring a WWC if you hold an active check from another state or territory, however you should contact the organisation that deals with these checks in the state or territory you plan to work/volunteer in.

Download

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
Legal Aid Victoria’s Webpage on Police Searches

References & Links

1American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities. 2UNSW (2023). Explainer: What are your rights to protest in Australia?
ICLC’s trans & gender diverse service.
Redfern Legal Centre
Legal Aid NSW
Fitzroy Legal Service Fitzroy Legal Service

Reporting Crime in WA

One of the primary reasons people interact with police is when they have been witness to, or experienced, a crime. If you’ve seen or experienced something illegal you are able to report this by:

– Calling 000 and asking for the police

– Calling the number of your local police station.

– Calling the Police Assistance Line on 131 444

– For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

· Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.

· Bringing a support person with you – this could be a friend, a legal advocate or support worker.

· If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also ale to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here

Support While Reporting

While attending a police station or reporting over the phone you are also able to request a liaison officer – liaison officers are police who are trained to support specific communities. In WA this includes;

• Aboriginal Community Liaison Officers (ACLO) assist in developing, implementing, monitoring and reviewing programs that seek to bring about positive outcomes between police and First Nations people.

Support after a violent crime

If you experienced a violent crime you also have a right to access free support. In WA, Victim Support Service is available at any court in Western Australia including the Magistrates Court, District Court and Supreme Court. The Victim Support Service is a voluntary and free service available to victims of crime. For more information visit their website or call Phone: (08) 9425 2850 or 1800 818 988.

 Preparing for interactions with Police

Even if you have no intention of interacting with law enforcement, an encounter may be unavoidable… While some interactions with law enforcement are completely unforeseen, you may have some time to prepare for a potential interaction – American Transgender Law Association – Transgender people and law enforcement interactions: Rights and Realities.

Whether you aim to or not, most people will have some kind of interaction with police during their lifetime.

Police have discretionary powers, meaning they make decisions based on their own judgement and interpretation of the situation. Most of the time these interactions are short and inconsequential.

However, if you are worried and you have time to prepare here are some tips:

1. Remain calm and outwardly polite: It’s important to remember that police will have inconsistent training about how to interact with people who are stressed or scared. If you have a moment, take some deep breaths and try to ground yourself before the interaction. If police believe you are being rude or unhelpful, they may decide to escalate the situation.

2. Remember, you are allowed to ask questions: It can be tricky to understand when you are legally obligated to do something that police are asking, or if it is just a request. You are able to clarify, by asking “am I free to leave?” or other questions to about if you have to continue talking with them.

3. Ask someone to stay with you: Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

4. Take notes: After the interaction, if something felt wrong, it’s a good idea to write down what happened. This can include the name of the officer who approached you and any identifying information.

Remember that in these interactions you have the right to be free from discrimination, harassment and purposeful intimidation. If you have experienced discrimination, misconduct, or feel that you have not been treated fairly by a police staff member or from the police force more broadly, it is possible to make a complaint.

Drug Searches

Western Australia has its own police force and laws, and police powers to search you can vary depending on the situation. Legal Aid WA has a page dedicated to explaining Police powers to arrest and detain | Legal Aid WA.

Police may conduct a search if they have reasonable suspicion that you’re in possession of;

• An illegal drug or substance.
• A firearm or weapon.
• Anything that is stolen.
• Anything used in the commission of a serious offence (such as materials commonly used in burglaries, for example)

Generally, police cannot force you to unlock your phone unless they have a warrant. If police request you unlock your phone, ask them politely if they require a warrant to force you to unlock the phone. If police tell you they don’t need a warrant, but it turns out they do need a warrant, and they have misled you, then any evidence from that phone may be inadmissible in court.

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

• Ask why they think they need to search you.
• Use the phrase “I do not consent, but I will comply and co-operate”.
• Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

• A police officer of the same gender as you should conduct a strip search.
• For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.
• If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.
• For any other search of a body cavity, the police need to have your consent or a court order.
• For more information about strip searches in WA check out Legal Aid Western Australia’s webpage on Police Search Powers. 

Protesting

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests.

If you are detained or fined while protesting, contact a lawyer or community legal centre. You can access Legal Aid WA.

For more information about how you can keep safe while protesting check out CounterAct – a South Australian not-for-profit that started to support community action for social justice.

Your records with police

Police will keep information about your interactions with them, including your name and gender. Depending on the nature of these records, they may be accessible to other people. Especially if you have a charge against you and someone requests a National Criminal History. This involves searching your name against the criminal history records held by police across Australia.

You can update your name and/or gender marker with Police once these are legally affirmed on a birth certificate. This can often be done by going into a police station and asking them to create ‘an event’, which is a form of record in their system, to update your name.

Any former names will always be in the system too. Ensure that they are entering your affirmed name as the ‘main name’ and that your old name/deadname is entered as a ‘subsidiary name’. This should mean that even if your old name is searched for, you will be referred to by your affirmed name.

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through your State or Territory police. All of these checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

Working with Children Check

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check In VIC, this is called a ‘Working with Children Check’ (WWC), and this process is managed by the Department of Child Protection and Family Support Screening Unit.

To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your WWC card and pay fee.

You may be exempt from requiring a WWC if you hold an active check from another state or territory, however you should contact the organisation that deals with these checks in the state or territory you plan to work/volunteer in.

Downloads

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
Legal Aid Victoria’s Webpage on Police Searches

References & Links

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities. 2UNSW (2023). Explainer: What are your rights to protest in Australia?

• Calling 000 and asking for the police
• Calling the number of your local police station.
• Calling the Police Assistance Line on 131 444
• For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

• Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.
• Bringing a support person with you – this could be a friend, a legal advocate or support worker.
• If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also ale to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here.

Support While Reporting

 Support after a violent crime

If you experienced a violent crime you also have a right to access free support. In the Territory Victims of Crime NT offer free peer support and service referrals for clients through their website Victims of Crime NT.

 Preparing for interactions with Police

Even if you have no intention of interacting with law enforcement, an encounter may be unavoidable… While some interactions with law enforcement are completely unforeseen, you may have some time to prepare for a potential interaction – American Transgender Law Association – Transgender people and law enforcement interactions: Rights and Realities.

Whether you aim to or not, most people will have some kind of interaction with police during their lifetime.

Police have discretionary powers, meaning they make decisions based on their own judgement and interpretation of the situation. Most of the time these interactions are short and inconsequential.

However, if you are worried and you have time to prepare here are some tips:

1. Remain calm and outwardly polite: It’s important to remember that police will have inconsistent training about how to interact with people who are stressed or scared. If you have a moment, take some deep breaths and try to ground yourself before the interaction. If police believe you are being rude or unhelpful, they may decide to escalate the situation.

2. Remember, you are allowed to ask questions: It can be tricky to understand when you are legally obligated to do something that police are asking, or if it is just a request. You are able to clarify, by asking “am I free to leave?” or other questions to about if you have to continue talking with them.

3. Ask someone to stay with you: Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

4. Take notes: After the interaction, if something felt wrong, it’s a good idea to write down what happened. This can include the name of the officer who approached you and any identifying information.

Remember that in these interactions you have the right to be free from discrimination, harassment and purposeful intimidation. If you have experienced discrimination, misconduct, or feel that you have not been treated fairly by a police staff member or from the police force more broadly, it is possible to make a complaint.

Drug Searches

The Northern Territory has its own police force and laws, and police powers to search you can vary depending on the situation. Legal Aid NT has resources dedicated to explaining police powers at Legal Aid NT – Police, crime and court.

Police may conduct a search if they have reasonable suspicion that you’re in possession of;

• An illegal drug or substance.
• A firearm or weapon.
• Anything that is stolen.
• Anything used in the commission of a serious offence (such as materials commonly used in burglaries, for example)

Generally, police cannot force you to unlock your phone unless they have a warrant. If police request you unlock your phone, ask them politely if they require a warrant to force you to unlock the phone. If police tell you they don’t need a warrant, but it turns out they do need a warrant, and they have misled you, then any evidence from that phone may be inadmissible in court.

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

• Ask why they think they need to search you.
• Use the phrase “I do not consent, but I will comply and co-operate”.
• Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

• A police officer of the same gender as you should conduct a strip search.
• For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.
• If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.
• For any other search of a body cavity, the police need to have your consent or a court order.  For more information about strip searches in NT check out Legal Aid NT’s publication on Police Powers.

Protests

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests2.

If you are detained or fined while protesting, contact a lawyer or community legal centre. You can access Darwin Community Legal Service or Legal Aid NT for legal advice.

For more information about how you can keep safe while protesting check out CounterAct – a South Australian not-for-profit that started to support community action for social justice

Your records with police

Police will keep information about your interactions with them, including your name and gender. Depending on the nature of these records, they may be accessible to other people. Especially if you have a charge against you and someone requests a National Criminal History. This involves searching your name against the criminal history records held by police across Australia.

You can update your name and/or gender marker with Police once these are legally affirmed on a birth certificate. This can often be done by going into a police station and asking them to create ‘an event’, which is a form of record in their system, to update your name.

Any former names will always be in the system too. Ensure that they are entering your affirmed name as the ‘main name’ and that your old name/deadname is entered as a ‘subsidiary name’. This should mean that even if your old name is searched for, you will be referred to by your affirmed name.

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through your State or Territory police. All of these checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

Working With Children Clearance

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check. In NT, this is called a ‘Working With Children Clearance’ and this process is managed by the NT Polices’ Screening Assessment for Employment (SAFE NT) unit.

To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your Working With Children Clearance card and pay fee.

You may be exempt from requiring a Working With Children Clearance if you hold an active check from another state or territory, however you should contact the organisation that deals

Downloads

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
Legal Aid NT’s publication on Police Powers

References & Links

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities. 2UNSW (2023). Explainer: What are your rights to protest in Australia?

Darwin Community Legal Service
Legal Aid NT

– Calling the Police Assistance Line on 131 444

– For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

· Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.

· Bringing a support person with you – this could be a friend, a legal advocate or support worker.

· If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also ale to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here.

Support While Reporting

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

• Ask why they think they need to search you.
• Use the phrase “I do not consent, but I will comply and co-operate”.
• Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

• A police officer of the same gender as you should conduct a strip search.
• For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.
• If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.
• For any other search of a body cavity, the police need to have your consent or a court order.  For more information about strip searches in QLD check out Caxton Legal Centre’s Queensland Law Handbook on Police Powers.

Protests

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests2.

If you are detained or fined while protesting, contact a lawyer or community legal centre. LGBTI Legal Service provides statewide legal resources around police and making complaints. You can also access Legal Aid QLD.

For more information about how you can keep safe while protesting check out CounterAct – a South Australian not-for-profit that started to support community action for social justice.

Your records with police

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through your State or Territory police. All of these checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

Blue Card Check

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check. In QLD, this is called a ‘Blue Card Check’ and this process is managed by the Blue Card Services.

To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your Blue Card Check card and pay fee.

You may be exempt from requiring a Blue Card Check if you hold an active check from another state or territory, however you should contact the organisation that deals with these checks in the state or territory you plan to work/volunteer in.

Reporting Police Misconduct

Download

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.

Caxton Legal Centre’s Queensland Law Handbook on Police Powers

References & Links

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities. 2UNSW (2023). Explainer: What are your rights to protest in Australia?

LGBTI Legal Service
Legal Aid QLD

Reporting Crime in South Australia

One of the primary reasons people interact with police is when they have been witness to, or experienced, a crime. If you’ve seen or experienced something illegal you are able to report this by:

– Calling 000 and asking for the police

– Calling the number of your local police station.

– Calling the Police Assistance Line on 131 444

– For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.

· Bringing a support person with you – this could be a friend, a legal advocate or support worker. You will also be able to ask for a Gay and Lesbian or LGBTQ+ Liaison Officer (explained below).

· If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also ale to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here.

Support While Reporting

While attending a police station or reporting over the phone you are also able to request a liaison officer – liaison officers are police who are trained to support specific communities. In SA this includes;· GLLOs (Gay and Lesbian or LGBTQ+ Liaison Officers) are officers with specific training about wider LGBTQ+ community issues, needs, and challenges our communities have in interacting with the police.· Aboriginal Community Liaison Officers (ACLO) assist in developing, implementing, monitoring and reviewing programs that seek to bring about positive outcomes between police and First Nations people.

Support after a violent crime

If you experienced a violent crime you also have a right to access free support. In SA, the Victim Support Service offers free services to victims of violent crime. The services support the victims’ needs based on the trauma they experienced. The program also supports witnesses and affected family members. For further information visit the Victims of Crime website or call 1800 819 817.

Preparing for interactions with Police

Even if you have no intention of interacting with law enforcement, an encounter may be unavoidable… While some interactions with law enforcement are completely unforeseen, you may have some time to prepare for a potential interaction – American Transgender Law Association – Transgender people and law enforcement interactions: Rights and Realities.

Whether you aim to or not, most people will have some kind of interaction with police during their lifetime.

Police have discretionary powers, meaning they make decisions based on their own judgement and interpretation of the situation. Most of the time these interactions are short and inconsequential.

However, if you are worried and you have time to prepare here are some tips:

1. Remain calm and outwardly polite: It’s important to remember that police will have inconsistent training about how to interact with people who are stressed or scared. If you have a moment, take some deep breaths and try to ground yourself before the interaction. If police believe you are being rude or unhelpful, they may decide to escalate the situation.

2. Remember, you are allowed to ask questions: It can be tricky to understand when you are legally obligated to do something that police are asking, or if it is just a request. You are able to clarify, by asking “am I free to leave?” or other questions to about if you have to continue talking with them.

3. Ask someone to stay with you: Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

4. Take notes: After the interaction, if something felt wrong, it’s a good idea to write down what happened. This can include the name of the officer who approached you and any identifying information.

Remember that in these interactions you have the right to be free from discrimination, harassment and purposeful intimidation. If you have experienced discrimination, misconduct, or feel that you have not been treated fairly by a police staff member or from the police force more broadly, it is possible to make a complaint.

Drug Searches

South Australia has its own police force and laws, and police powers to search you can vary depending on the situation. Legal Services Commission of South Australia has a page dedicated to explaining Police Powers and Forensic Procedures. Police may conduct a search if they have reasonable suspicion that you’re in possession of

• An illegal drug or substance.
• A firearm or weapon.
• Anything that is stolen.
• Anything used in the commission of a serious offence (such as materials commonly used in burglaries, for example)

Generally, police cannot force you to unlock your phone unless they have a warrant. If police request you unlock your phone, ask them politely if they require a warrant to force you to unlock the phone. If police tell you they don’t need a warrant, but it turns out they do need a warrant, and they have misled you, then any evidence from that phone may be inadmissible in court.

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

• Ask why they think they need to search you.
• Use the phrase “I do not consent, but I will comply and co-operate”.
• Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

• A police officer of the same gender as you should conduct a strip search.
• For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.
• If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.
• For any other search of a body cavity, the police need to have your consent or a court order.  For more information about strip searches in SA check out CounterAct’s guide on Police Powers.

Protests

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests2.

If you are detained or fined while protesting, contact a lawyer or community legal centre. You can access free, state-wide, legal support through Legal Services Commission of South Australia.

For more information about how you can keep safe while protesting check out CounterAct – a South Australian not-for-profit that started to support community action for social justice.

Your records with police

Police will keep information about your interactions with them, including your name and gender. Depending on the nature of these records, they may be accessible to other people. Especially if you have a charge against you and someone requests a National Criminal History. This involves searching your name against the criminal history records held by police across Australia.You can update your name and/or gender marker with Police once these are legally affirmed on a birth certificate. This can often be done by going into a police station and asking them to create ‘an event’, which is a form of record in their system, to update your name. Any former names will always be in the system too. Ensure that they are entering your affirmed name as the ‘main name’ and that your old name/deadname is entered as a ‘subsidiary name’. This should mean that even if your old name is searched for, you will be referred to by your affirmed name.

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through the South Australian Police Force (SAPOL). All of these

checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

 Working with Children Check

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check. In SA, this is called a ‘Working with Children Check’ (WWC), and this process is managed by the Department for Human Services (DHS) Screening Unit.

To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your WWC card and pay fee.

You may be exempt from requiring a WWC if you hold an active check from another state or territory, however you should contact the organisation that deals with these checks in the state or territory you plan to work/volunteer in.

Reporting Police Misconduct

Complaints about the South Australian Police Force (SAPOL) are handled by the Office for Public Integrity (OPI). Complaints about corruption may be sent to the Independent Commission Against Corruption.

You can make a complaint via:
· The online form
· Call the office on 1300 782 489 and provide your complaint over the phone

· Complete a hard copy form and mail it (GPO Box 464, Adelaide SA 5000)
· Make your complaint directly to a SAPOL Officer or by emailing SA******@***********ov.au
· You can also contact the OPI if you wish to book an appointment to make your complaint or report in person.

In your complaint, it is a good idea to include:

· Date, time, location of the incident.

· Name or identifying features of anyone involved in the incident or potential witnesses.

· Name, contact number and email for yourself and anyone who was with you who witnessed the incident.

· What kind of resolution you would like; This might include asking for training, investment in community-led organising and responses, a public apology, a review of policy etc.

If you were detained, arrested or searched, and you have a complaint about police, or feel that you were discriminated against, you should contact a lawyer to receive legal advice about whether you have any other avenues available other than a complaint. You can access free, state-wide, legal support through Legal Services Commission of South Australia.

Alternative options

Alternatively, you can complain to the Ombudsman. The Ombudsman investigates and addresses complaints about government actions and police behaviour and works on improving how public authorities operate. Please note, the ombudsman only investigates complaints about police administration, for example loss of your file. It does not investigate complaints about police misconduct.

For discrimination cases, we highly suggest seeking legal advice to learn about your options. In NSW the main bodies tasked with investigating discrimination is Equal Opportunity SA, or the Australian Human Rights Commission.

Download

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
CounterAct’s guide on Police Powers

References & Links

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.

UNSW (2023). Explainer: What are your rights to protest in Australia?

Reporting Crime in Tasmania

One of the primary reasons people interact with police is when they have been witness to, or experienced, a crime. If you’ve seen or experienced something illegal you are able to report this by:

– Calling 000 and asking for the police

– Calling the number of your local police station.

– Calling the Police Assistance Line on 131 444

– For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.

· Bringing a support person with you – this could be a friend, a legal advocate or support worker. You will also be able to ask for a Gay and Lesbian or LGBTQ+ Liaison Officer (explained below).

· If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also ale to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here.

Support While Reporting

While attending a police station or reporting over the phone you are also able to request a liaison officer – liaison officers are police who are trained to support specific communities. In SA this includes;
· GLLOs (Gay and Lesbian or LGBTQ+ Liaison Officers) are officers with specific training about wider LGBTQ+ community issues, needs, and challenges our communities have in interacting with the police.
· Aboriginal Community Liaison Officers (ACLO) assist in developing, implementing, monitoring and reviewing programs that seek to bring about positive outcomes between police and First Nations people.

Support after a violent crime

If you experienced a violent crime you also have a right to access free support. In Tasmania, Victims of Crime Service offers free counselling to eligible people. For more information, visit their website or call 1300 663 773.

Preparing for interactions with Police

Even if you have no intention of interacting with law enforcement, an encounter may be unavoidable… While some interactions with law enforcement are completely unforeseen, you may have some time to prepare for a potential interaction – American Transgender Law Association – Transgender people and law enforcement interactions: Rights and Realities.

Whether you aim to or not, most people will have some kind of interaction with police during their lifetime.

Police have discretionary powers, meaning they make decisions based on their own judgement and interpretation of the situation. Most of the time these interactions are short and inconsequential.

However, if you are worried and you have time to prepare here are some tips:

1. Remain calm and outwardly polite: It’s important to remember that police will have inconsistent training about how to interact with people who are stressed or scared. If you have a moment, take some deep breaths and try to ground yourself before the interaction. If police believe you are being rude or unhelpful, they may decide to escalate the situation.

2. Remember, you are allowed to ask questions: It can be tricky to understand when you are legally obligated to do something that police are asking, or if it is just a request. You are able to clarify, by asking “am I free to leave?” or other questions to about if you have to continue talking with them.

3. Ask someone to stay with you: Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

4. Take notes: After the interaction, if something felt wrong, it’s a good idea to write down what happened. This can include the name of the officer who approached you and any identifying information.

Remember that in these interactions you have the right to be free from discrimination, harassment and purposeful intimidation. If you have experienced discrimination, misconduct, or feel that you have not been treated fairly by a police staff member or from the police force more broadly, it is possible to make a complaint.

Drug Searches

Tasmania has its own police service and laws, and police powers to search you can vary depending on the situation. Legal Aid Tasmania has a page dedicated to Dealing with police – Tasmania Legal Aid

Police may conduct a search if they have reasonable suspicion that you’re in possession of;

• An illegal drug or substance.
• A firearm or weapon.
• Anything that is stolen.
• Anything used in the commission of a serious offence (such as materials commonly used in burglaries, for example)

Generally, police cannot force you to unlock your phone unless they have a warrant. If police request you unlock your phone, ask them politely if they require a warrant to force you to unlock the phone. If police tell you they don’t need a warrant, but it turns out they do need a warrant, and they have misled you, then any evidence from that phone may be inadmissible in court.

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

• Ask why they think they need to search you.
• Use the phrase “I do not consent, but I will comply and co-operate”.
• Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

• A police officer of the same gender as you should conduct a strip search.
• For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.
• If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.
• For any other search of a body cavity, the police need to have your consent or a court order.  For more information about strip searches in Tasmania check out Hobart Community Legal Service’s chapter on Search and Arrest.

Protests

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests2.

If you are detained or fined while protesting, contact a lawyer or community legal centre. You can access free, state-wide, legal support through Legal Aid TAS.

For more information about how you can keep safe while protesting check out CounterAct – a South Australian not-for-profit that started to support community action for social justice.

Your records with police

This involves searching your name against the criminal history records held by police across Australia. You can update your name and/or gender marker with Police once these are legally affirmed on a birth certificate. This can often be done by going into a police station and asking them to create ‘an event’, which is a form of record in their system, to update your name.

Any former names will always be in the system too. Ensure that they are entering your affirmed name as the ‘main name’ and that your old name/deadname is entered as a ‘subsidiary name’. This should mean that even if your old name is searched for, you will be referred to by your affirmed name.

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through your State or Territory police. All of these checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

Working with Children Check

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check. In Tasmania, this is called a Registration to Work with Vulnerable People, and this process is managed by the Department of Justice

To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your Working with Vulnerable People Check card and pay fee.

You may be exempt from requiring a Working with Vulnerable People Check if you hold an active check from another state or territory, however you should contact the organisation that deals with these checks in the state or territory you plan to work/volunteer in.

Reporting Police Misconduct

To submit a complaint to Tasmania Police, you can:

• Complete a Statement of Complaint and email it to po****@************ov.au
• Write to: The Commissioner Tasmania Police, GPO Box 308, HOBART TAS 7001.
• Visit your local police station
• Call the Police Assistance Line on 131 444 (in some instances a written complaint may be required).

In your complaint, it is a good idea to include:

• Date, time, location of the incident.
• Name or identifying features of anyone involved in the incident or potential witnesses.
• Name, contact number and email for yourself and anyone who was with you who witnessed the incident.
• What kind of resolution you would like; This might include asking for training, investment in community-led organising and responses, a public apology, a review of policy etc.

If you were detained, arrested or searched, and you have a complaint about police, or feel that you were discriminated against, you should contact a lawyer to receive legal advice about whether you have any other avenues available other than a complaint. You can access free, state-wide, legal support through Legal Aid Tasmania.

Alternative options

If you’re unable to resolve your issue or if you do not feel safe making a complaint to the Tasmanian Police, you can also contact the Tasmanian Integrity Commission and Tasmania Ombudsman.

• The Integrity Commission - The Integrity Commission also deals with complaints about misconduct by police officers. Further information on making a complaint to the Integrity Commission is available on the Integrity Commission website. 
• The Tasmania Ombudsman – The role of the Ombudsman is to investigate the administrative actions of public authorities to ensure their actions are lawful, reasonable and fair. Please note, the ombudsman only investigates complaints about police administration, for example loss of your file. It does not investigate complaints about police misconduct. You can submit a complaint by visiting their website and following the instructions or contacting them at 1800 001 170.

For discrimination cases, we highly suggest seeking legal advice to learn about your options. In Tasmania, the main bodies tasked with investigating discrimination is Anti-discrimination Commissioner, or the Australian Human Rights Commission.

Downloads

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
Hobart Community Legal Service’s chapter on Search and Arrest.

References & Links

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
UNSW (2023). Explainer: What are your rights to protest in Australia?
Legal Aid Tasmania

Reporting Crime in the ACT

One of the primary reasons people interact with police is when they have been witness to, or experienced, a crime. If you’ve seen or experienced something illegal, you are able to report this by:

• Calling 000 and asking for the police
• Calling the number of your local police station.
• Calling the Police Assistance Line on 131 444
• For people with hearing / speech impairments, please view this page.

Some things that can help with reporting include;

• Preparing your statement ahead of time, if possible – including date, time of event, location and details of what you saw or experienced.
• Bringing a support person with you – this could be a friend, a legal advocate or support worker. You will also be able to ask for a Gay and Lesbian or LGBTQ+ Liaison Officer (explained below).
• If you are attending the police station and your matter is sensitive or involves information that you do not want overheard, you are allowed to ask for a private room.

If for some reason you are unable to report to the police, you are also ale to contact CrimeStoppers – Crime Stoppers are an independent not-for-profit that allows you to report crimes anonymously. You can visit their website or ring 1800 333 000.

See more about reporting sexual assault and harassment here.

Support While Reporting

While attending a police station or reporting over the phone you are also able to request a liaison officer – liaison officers are police who are trained to support specific communities. In NSW this includes;

· GLLOs (Gay and Lesbian or LGBTQ+ Liaison Officers) are officers with specific training about wider LGBTQ+ community issues, needs, and challenges our communities have in interacting with the police.

Support after a violent crime

If you experienced a violent crime, you also have a right to access free support. In ACT, the ACT Police Victims of Crime Team offer access to counselling and support services, help to fill out a Victim Impact Statement, information on financial assistance, information and support on the court process and updates on court matters to eligible

people. Call the team on (02) 5126 9113 or visit your local police station to find out more.

Preparing for interactions with Police

Even if you have no intention of interacting with law enforcement, an encounter may be unavoidable… While some interactions with law enforcement are completely unforeseen, you may have some time to prepare for a potential interaction – American Transgender Law Association – Transgender people and law enforcement interactions: Rights and Realities.

Whether you aim to or not, most people will have some kind of interaction with police during their lifetime.

Police have discretionary powers, meaning they make decisions based on their own judgement and interpretation of the situation. Most of the time these interactions are short and inconsequential.

However, if you are worried and you have time to prepare here are some tips:

1. Remain calm and outwardly polite: It’s important to remember that police will have inconsistent training about how to interact with people who are stressed or scared. If you have a moment, take some deep breaths and try to ground yourself before the interaction. If police believe you are being rude or unhelpful, they may decide to escalate the situation.

2. Remember, you are allowed to ask questions: It can be tricky to understand when you are legally obligated to do something that police are asking, or if it is just a request. You are able to clarify, by asking “am I free to leave?” or other questions to about if you have to continue talking with them.

3. Ask someone to stay with you: Having allies and a support network around you can make a big difference. This might mean having someone with you, or people you can call or text as needed.

4. Take notes: After the interaction, if something felt wrong, it’s a good idea to write down what happened. This can include the name of the officer who approached you and any identifying information.

Remember that in these interactions you have the right to be free from discrimination, harassment and purposeful intimidation. If you have experienced discrimination, misconduct, or feel that you have not been treated fairly by a police staff member or from the police force more broadly, it is possible to make a complaint.

Drug Searches

The ACT has its own police force and laws and police powers to search you can vary depending on the situation. Legal Aid ACT has a useful factsheet that outlines some key points.

Police may conduct a search if they have reasonable suspicion that you’re in possession of;

• An illegal drug or substance.
• A firearm or weapon.
• Anything that is stolen.
• Anything used in the commission of a serious offence (such as materials commonly used in burglaries, for example)

Generally, police cannot force you to unlock your phone unless they have a warrant. If police request you unlock your phone, ask them politely if they require a warrant to force you to unlock the phone. If police tell you they don’t need a warrant, but it turns out they do need a warrant, and they have misled you, then any evidence from that phone may be inadmissible in court.

Even if you feel the search isn’t justified, it’s usually best to say you don’t agree to it but will allow it to happen anyway. While you are being searched, you can:

• Ask why they think they need to search you.
• Use the phrase “I do not consent, but I will comply and co-operate”.
• Thoroughly record the interaction and seek legal advice afterwards.

If you resist the search, or they think that you are agitated, you may be charged with offences like hindering a police search or resisting arrest, or you could have physical force used against you to comply with the search.

Strip Searches

If the police require you to remove your clothes, other than just outer clothing (like a jacket), you are likely being strip searched. Each state and territory has different laws about when you can be strip-searched, and the rules of that search. Generally speaking;

• A police officer of the same gender as you should conduct a strip search.
• For non-binary and gender diverse people, this may be assessed case-by-case, but generally you should be able to request an officer of a certain gender.
• If a police officer believes that you may have drugs, anything dangerous, or something illegal in your mouth or hair they are allowed to ask you to open your mouth or move your hair.
• For any other search of a body cavity, the police need to have your consent or a court order.  For more information about strip searches in ACT check out Canberra Community Laws webpage on Rights with Police.

Protests

For some in our community, engaging in non-violent direct action (like protesting) is an important way to participate in change-making. Protesting may increase your interactions with police. This could include a ‘move on’ order from police or even fines and arrests2.

If you are detained or fined while protesting, contact a lawyer or community legal centre. You can access free, state-wide legal support through Legal Aid ACT.

For more information about how you can keep safe while protesting check out CounterAct – a South Australian not-for-profit that started to support community action for social justice.

Your records with police

Criminal records check

Some workplaces or organisations will require you to complete a National Criminal History Check. This searches your name against the criminal history records held by police across Australia.

When completing a criminal record check, you will be required to include any current or previous names that were listed on legal documentation, and evidence of the change of name (eg. A Change of Name or Updated Birth Certificate), as well as the correct identity documents.

You can apply for a National Police Check through the Australian Federal Police (AFP) online, or you can apply through your State or Territory police. All of these checks will include offences from anywhere in Australia. The application through the AFP does not require you to have your documents certified by a Justice of the Peace or Police Officer. All applications will require a processing fee.

Working with Children Check

If you are required to interact with young people in any way, workplaces or organisations will require you to complete a screening check. In ACT, this is called a ‘Working with Vulnerable People Check’ and this process is managed by Access Canberra’s Background Screening Unit. To apply for this, you will need to provide information including submitting your name and any previous names listed on legal documentation. These applications are similar to filling out a Criminal Record Check. You will also need to provide a photo for your Working with Vulnerable People Check card and pay fee.

You may be exempt from requiring a Working with Vulnerable People Check if you hold an active check from another state or territory, however you should contact the organisation that deals with these checks in the state or territory you plan to work/volunteer in.

Reporting Police Misconduct

To submit a ACT Policing, you can:

• Complete a complaints form via their website.
• Visit your local police station.
• Call the Police Assistance Line on 131 444 (in some instances a written complaint may be required).

In your complaint, it is a good idea to include:

• Date, time, location of the incident.
• Name or identifying features of anyone involved in the incident or potential witnesses.
• Name, contact number and email for yourself and anyone who was with you who witnessed the incident.
• What kind of resolution you would like; This might include asking for training, investment in community-led organising and responses, a public apology, a review of policy etc.

If you were detained, arrested or searched, and you have a complaint about police, or feel that you were discriminated against, you should contact a lawyer to receive legal advice about whether you have any other avenues available other than a complaint. You can access free, state-wide legal support through Legal Aid ACT.

Alternative options

Alternatively, you can complain to the Ombudsman. The Ombudsman investigates and addresses complaints about government actions and police behaviour and works on improving how public authorities operate. Please note, the ombudsman only investigates complaints about police administration, for example loss of your file. It does not investigate complaints about police misconduct.

For discrimination cases, we highly suggest seeking legal advice to learn about your options. In ACT the main bodies tasked with investigating discrimination is ACT Human Rights Commission, or the Australian Human Rights Commission.

Downloads

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.

Canberra Community Laws webpage on Rights with Police

References & Links

American Transgender Law Association (n.d.) Transgender people and law enforcement interactions: Rights and Realities.
UNSW (2023). Explainer: What are your rights to protest in Australia?
Legal Aid ACT
CrimeStoppers
ACT Police Victims of Crime Team