Making Complaints Against Police in South Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If an AFP officer has acted improperly, three different routes can take a complaint, and choosing the right one matters. The internal channel is AFP Professional Standards, which handles complaints about officer misconduct — excessive force, corruption, abuse of power, procedural failures.
The independent oversight body is the Commonwealth Ombudsman. It can investigate complaints, review AFP practices, and make recommendations the AFP takes seriously.
For serious or systemic matters — corruption, abuse of office, criminal conduct — the route is the National Anti-Corruption Commission (NACC), established in 2023. The NACC has jurisdiction over Commonwealth public officials including AFP officers, and it replaced the older ACLEI. It is a much more powerful body than its predecessor.
Filing is free, and it is a criminal offence for anyone to victimise or retaliate against you for making a complaint.
When does it apply?
You can make a complaint whenever you believe an AFP officer or Commonwealth law enforcement official has:
- Used excessive or unnecessary force
- Been rude, abusive, or discriminatory
- Conducted an unlawful search or arrest
- Failed to inform you of your rights
- Engaged in corrupt or criminal conduct
- Breached the AFP Code of Conduct
Complaints can be made by anyone, including witnesses, family members, and legal representatives.
What to Do If an Australian Federal Police Officer Acted Improperly
- Document everything — write down dates, times, locations, officer names or badge numbers, and exactly what happened.
- Collect any evidence — photos, videos, medical reports, or witness contact details.
- Lodge a complaint with AFP Professional Standards online, by phone, or in writing.
- For independent review, complain to the Commonwealth Ombudsman at ombudsman.gov.au.
- For serious corruption matters, report to the NACC at nacc.gov.au.
- Consider getting legal advice before or during the complaints process.
What should you NOT do?
- Don't delay — make your complaint as soon as possible while events are fresh.
- Don't exaggerate or include false information — making a knowingly false complaint can be an offence.
- Don't confront the officer directly about your complaint — use the formal channels.
- Don't assume nothing will happen — the AFP and oversight bodies are required to investigate valid complaints.
How South Australia differs from federal law
South Australia has a multi-layered system for complaints against police, involving the Police Complaints Authority (PCA), SAPOL Internal Investigation Section, and the Independent Commissioner Against Corruption (ICAC).
- The Police Complaints Authority is an independent statutory body established under the Police Complaints and Discipline Act 2016 (SA). It receives, assesses, and oversees the investigation of complaints about SA Police officers.
- Complaints can be lodged directly with the PCA or with SAPOL. The PCA can direct how an investigation should be conducted, require SAPOL to investigate, or conduct its own independent investigation in serious cases.
- For serious or systemic corruption, the Independent Commissioner Against Corruption (ICAC) has jurisdiction over SA Police under the Independent Commissioner Against Corruption Act 2012 (SA). ICAC can investigate corruption, misconduct, and maladministration.
- The SA Ombudsman can also investigate complaints about SA Police administrative actions, providing an additional layer of oversight.
Correct statute — Police Complaints and Discipline Act 2016 (SA)
The governing statute is the Police Complaints and Discipline Act 2016 (SA) (note the full name — some sources shorten it to "Police Complaints Act 2016", which is incorrect). The Act commenced on 4 September 2017 and replaced the earlier Police (Complaints and Disciplinary Proceedings) Act 1985.
Complaints pathway under the 2016 Act
- The Office for Public Integrity (OPI) receives complaints and assesses them for referral and oversight. It replaced the Police Complaints Authority's former triage function.
- The Internal Investigation Section (IIS) of SAPOL is the principal investigator of complaints, subject to OPI oversight.
- Serious matters may be referred for independent investigation.
Post-October 2021 jurisdictional reforms — ICAC and Ombudsman
The Independent Commissioner Against Corruption (CIPC and Other Measures) Amendment Act 2021 (commenced October 2021) narrowed ICAC's jurisdiction to corruption only. ICAC no longer handles misconduct or maladministration matters.
- ICAC — corruption in public administration (including police corruption) only, post-October 2021.
- Ombudsman SA — misconduct and maladministration matters that were formerly within ICAC's remit, post-October 2021.
- OPI — receives all complaints and routes them to the appropriate body.
Practical routing
- Excessive force, discourtesy, procedural failures — OPI, then usually IIS investigation.
- Police corruption — OPI referral to ICAC.
- Maladministration or serious misconduct short of corruption — Ombudsman SA (since October 2021).
- Administrative decisions and delay — Ombudsman SA.
Additional Steps in South Australia
Lodge complaints with the Office for Public Integrity (OPI) (opi.sa.gov.au). For corruption matters, OPI refers to ICAC (icac.sa.gov.au). For misconduct or maladministration, contact the SA Ombudsman (ombudsman.sa.gov.au). Legal advice is available from the Legal Services Commission of SA.
Relevant Law: Police Complaints and Discipline Act 2016 (SA) — commenced 4 September 2017 (note full name; "Police Complaints Act 2016" is incorrect shorthand); Independent Commissioner Against Corruption Act 2012 (SA) as narrowed by the Independent Commissioner Against Corruption (CIPC and Other Measures) Amendment Act 2021 (corruption only, post-October 2021); Ombudsman Act 1972 (SA)
Common Questions
When does making complaints against police apply?
You can make a complaint whenever you believe an AFP officer or Commonwealth law enforcement official has:Used excessive or unnecessary forceBeen rude, abusive, or discriminatoryConducted an unlawful search or arrestFailed to inform you of your rightsEngaged in corrupt or criminal conductBreached the AFP Code of ConductComplaints can be made by anyone, including witnesses, family members, and legal representatives.
What should I do if an Australian Federal Police officer mistreated me or acted unlawfully?
Document everything — write down dates, times, locations, officer names or badge numbers, and exactly what happened.Collect any evidence — photos, videos, medical reports, or witness contact details.Lodge a complaint with AFP Professional Standards online, by phone, or in writing.For independent review, complain to the Commonwealth Ombudsman at ombudsman.gov.au.For serious corruption matters, report to the NACC at nacc.gov.au.Consider getting legal advice before or during the complaints process.
What mistakes should I avoid with making complaints against police?
Don't delay — make your complaint as soon as possible while events are fresh.Don't exaggerate or include false information — making a knowingly false complaint can be an offence.Don't confront the officer directly about your complaint — use the formal channels.Don't assume nothing will happen — the AFP and oversight bodies are required to investigate valid complaints.
Making Complaints Against Police in other states
Same topic, different jurisdiction. Pick the one that applies to you.