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Lawyers ‘should not be shy’ to call out police misconduct

There are a myriad of issues surrounding police accountability in Australia at present, and legal professionals are well-placed to address such issues in the community, according to senior lawyer.

user iconJerome Doraisamy 09 October 2018 Politics
call out, misconduct, lawyers
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Speaking to Lawyers Weekly, Robinson Gill principal Jeremy King said lawyers and legal advocacy bodies can step up in addressing concerns of state and territory police forces.

“They should not be shy to call out police misconduct when they see it,” he said.

“Also, joining the growing call for proper independent police oversight from government would be hugely helpful to those trying to change the police accountability system for the better.”

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The issues at hand vary across the country, he said, but there are “common themes” such as the “poor way” that police interact with the Aboriginal community, or the use of excessive force, he argued.

“Another key cross-jurisdictional issue is ensuring that each state has an independent body set up to investigate and address police misconduct issues,” he said.

“This hasn’t been the case, unfortunately, and unless it happens we are relying on police to investigate themselves, which is inherently problematic due to the fundamental conflict of interest that exists; it isn’t compliant with best practice human rights obligations and doesn’t change poor police cultural practices.”

When asked about how such issues can be overcome, either at a federal or state and territory level, he said many issues in respective jurisdictions are emblematic of broader social problems that Australia, as a nation, is grappling with, including its relationship with the Indigenous communities.

“However, a good start would be to ensure that each state has proper independent oversight from government would be hugely helpful for those trying to change the police accountability system for the better,” he said.

Mr King will address such matters at the Australian Lawyers' Alliance national conference, being held in mid-October.

Speaking about the conference, ALA national president Noor Blumer said social justice concerns such as police misconduct and accountability are very much on the profession’s agenda at present, with such discussions being “immediately useful in our day-to-day practice that broaden our thinking on critical social justice concerns”.

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