A member asked over 8 years ago

Do police officers have to identify themselves if asked?

Police were being abusive at a protest I attended, and I asked the police officer for his name and details but he was being abusive and wouldn't give me this information. Is that legal? Can I take action against him?

Law Advisor Research Team
Researchers at LawAdvisor
A police officer is required to give their name, rank and station if you ask for that information. If you were being searched or the police officer first asked you for your name and address but then refused to provide his identity, he may be guilty of an offence and receive a fine. This is not something that you could personally sue the police officer for. You would need to make a formal complaint about the officer who would then be investigated by the appropriate authorities.
More broadly, you have the right to be treated with dignity and respect, to be in public places with whomever you want, to participate in public life, and to freely express yourself. The police are not allowed to unreasonably or disproportionately interfere with these human rights by harassing or abusing you, or using physical violence against you. From the information you have provided, it sounds like the police officer may have breached one or more of your human rights by acting abusively towards you at the protest.

Suggested way forward

If you think one of your human rights has been breached, you can lodge a complaint with the Victorian Equal Opportunity & Human Rights Commission at www.humanrightscommission.vic.gov.au.

You can also complain about the police officer directly to Victoria Police or lodge a complaint with the Independent Broad-based Anti-Corruption Commission by visiting www.ibac.gov.au. Note, however, that most complaints made to IBAC end up being investigated by Victoria Police internally, and are therefore not entirely independent.

In this case, you should consider speaking to a lawyer who can advise you on the full range of legal options that may be available to you. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

Andrew North
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