More than half of all allegations made against Australian Federal Police officers have been "finalised" without investigation due to the use of discretionary powers the national watchdog says pose a risk of "denying procedural fairness".
Figures released by the AFP to the national inquiry into racism, hate, and violence directed at First Nations people reveal the number of complaints made against officers in the last five years.
Since July 2021, 512 complaints have been made about AFP officers' conduct, with 1,213 individual allegations identified.
Of those allegations, 643 were "finalised", without investigation, using a broad discretionary power available to the AFP under section 40TF of the legislation.
The Commonwealth Ombudsman has reviewed the AFP's operations several times and repeatedly raised concerns that the agency leans on section 40TF too often, especially for complaints about officers using excessive force.
"We observed complaints that were finalised without relevant evidentiary material having been identified or reviewed, failures to appropriately document clear reasons for decision-making," the ombudsman's latest annual review says.
"Used appropriately, section 40TF of the AFP Act can support the efficiency of the AFP's complaints framework. However, using the discretion too readily risks denying procedural fairness and deprives the AFP of opportunities for improvement."
Of the remaining 570 allegations, 283 remain under investigation, 63 have been established and 215 not established.
Independent senator for Victoria Lidia Thorpe said she would like the racism inquiry to recommend an independent national body to hold police accountable and crack down on section 40TF rulings.
"We know that there's good cops out there, but there are also bad cops out there, and the bad cops are doing bad things. So there needs to be accountability for the bad cops. And that's why we need a independent police oversight body with genuine independence from police," she said.
"We need to review that legislation so that the people out there that are experiencing bad behaviour from bad cops have an avenue, where it's not just being dismissed by the top cop, which is what's happening in this circumstance."
The AFP has been contacted for comment.
Complaints of racist conduct
The figures also break down complaints about racist conduct. Over the same five years, people made 25 complaints about racist conduct by AFP officers, containing 47 individual allegations.
Section 40TF powers were used to close 13 of those allegations without investigation. Another eight were investigated but not established and 18 are still being investigated.
Senator Thorpe believes the number of complaints about racist conduct are vastly underestimated.
"Those numbers are very, very light-on. In fact, they're so light-on that I feel like putting my own complaint in from being assaulted by the AFP on the front lawns of parliament for all to see," she said, referencing an incident involving AFP officers at a protest in March 2023.
"A lot of people don't complain, because if you complain about the cops, then you're going to become a target for the cops … particularly Aboriginal and Torres Strait Islander people. They don't complain about the assault and the violence and the racism."
Seven of the allegations made against AFP officers related to racist language and behaviour at work, including in group chats. Those were established and officers faced disciplinary action, according to the AFP's answers to the inquiry.
"Of the seven established complaints, the disciplinary action included remedial action and retraining for five AFP appointees, and two AFP Appointees receiving a Notice to Show Cause pursuant to section 28 of the AFP Act," the AFP's answer reads.
"The AFP's values require all people to be treated with respect, and the AFP does not shy away from addressing poor behaviour or conduct that does not align with those values."
The parliamentary inquiry into racism, hate, and violence directed at Aboriginal and Torres Strait Islander people will consider the answers provided by the AFP before handing down its final report at the end of the year.
