The Commonwealth Ombudsman has highlighted 11 findings and made 10 recommendations on how the AFP can improve its complaint handling processes. Photo: Michelle Kroll.
An annual review by the Commonwealth Ombudsman into the Australian Federal Police’s complaints handling processes has made 10 recommendations on ways to improve the system.
The review covered a 12-month snapshot to 28 February 2025 on the effectiveness of the AFP’s management of complaints. It examined a sample of AFP complaint records finalised during the reporting period, together with the AFP’s handling of AFP practices issues.
The Ombudsman says the purpose of the annual review is to assess whether the AFP’s administration of Part V of the Australian Federal Police Act 1979 is adequate and comprehensive, including whether matters are recorded, assessed and categorised, investigated and resolved in a fair, reasonable and lawful manner.
The review identified practices in categorising conduct raised in complaints, reliance on the use of discretion to take no further action in relation to complaints, and deficiencies in managing conflicts of interest as key issues.
It also found concerns in relation to the AFP’s handling of complaints about the use of force, as well as several matters where investigators had not undertaken an adequate and documented assessment of whether the use of force was reasonable, necessary and proportionate in the circumstances.
It also identified multiple examples of conduct issues being categorised by the AFP at a lower conduct level than the facts appeared to support, including matters that raised issues of potential serious breaches of law, recurring serious misconduct, and conduct capable of falling within one or more conduct categories.
The review also expressed concern as to whether the current framework was consistently meeting the requirements and purposes of Part V of the AFP Act.
The review highlighted 11 findings where the AFP was falling short in its complaints handling process, including:
- The AFP is not consistently identifying and categorising conduct issues
- Oversight and review mechanisms for conflict of interest management strategies have not been adhered to sufficiently, although the AFP is proactively undertaking efforts to enhance compliance with conflict of interest requirements
- The complaint handling system is not adequately capturing issues raised by civil and criminal legal matters
- The AFP finalised some investigations without reviewing relevant evidence
- The handling of use of force complaints raises concerns of inadequacy and lack of comprehensiveness, including critical discrepancies between body worn camera footage and official reports
- The AFP is not consistently creating and maintaining records to show the use of discretion is reasonable and compliant with legislative requirements.
As a result, the Ombudsman has made 10 recommendations, all of which the AFP accepts or accepts in principle. These include:
- The AFP ensure all conduct issues raised by complaints are accurately identified
- The AFP must cease using criteria not contained in the Australian Federal Police (Categories of Conduct) Determination 2023 (under the AFP Act) to categorise conduct
- That mandatory conflict of interest training be given to all complaint investigators, and that robust quality assurance practices be implemented
- That new standard operating procedures to ensure the identification of potential conduct and practices issues raised in civil and criminal matters be implemented
- The AFP should implement a mandatory requirement that all matters in which use of force is the primary issue be assessed as to whether the force used was reasonable, necessary and proportionate
- That internal key performance indicators be implemented to ensure that all complaints are subject to timeliness benchmarks.
In delivering the review, Commonwealth Ombudsman Iain Anderson said the AFP had taken some positive steps to strengthen aspects of its complaints management framework.
“However, we identified multiple examples of conduct issues being categorised at a lower level than the facts appeared to support,” he said.
“This includes matters that raised issues of potential serious breaches of law and recurring serious misconduct.
“The role and scope of AFP powers means that its complaints framework must operate effectively,” he added.
“It should help identify and address individual wrongdoing and promote organisational learning to foster public confidence and accountability in Australia’s national policing agency.”
