Tasmania Police misconduct: know your rights

In 2026, the Tasmanian Parliament did something it hadn’t done before. It established a formal inquiry into how Tasmania Police investigates allegations of serious officer misconduct, and what it heard wasn’t reassuring.

Between 2023 and 2025, Level 3 allegations against Tasmania Police (the most serious category, covering conduct that could result in dismissal or criminal charges) more than doubled, from 13 matters to 34. Advocacy organisations, victims and oversight bodies gave evidence about complaint-handling failures and the barriers people face when they try to report misconduct.

Behind those numbers are real people who trusted the system and felt let down by it. If you’re one of them, here’s what you need to know.

What is a police tort claim?

A police tort claim is a civil claim, separate from any complaint or disciplinary process, that seeks compensation for loss, injury, humiliation, or deprivation of liberty caused by unlawful police conduct.

Police have broad powers, but those powers are not unlimited. An arrest, search, use of force, or period of detention must be justified by law. When it isn’t, a civil claim may be available.

Common police tort claims include:

• Unlawful arrest
• False imprisonment
• Assault and battery
• Excessive use of force
• Unlawful search and seizure

In Tasmania, these claims are generally brought against the State rather than the individual officer.

What does police misconduct actually look like?

False arrest and false imprisonment

Police must have a lawful basis to arrest and detain a person. If you were arrested without proper grounds, or kept in custody after the legal basis for your detention had fallen away, you may have a claim.

False imprisonment isn’t limited to a prison cell or a watch house. It can arise whenever a person’s freedom of movement is unlawfully restricted, even briefly.

Excessive force

Police are permitted to use reasonable force when exercising lawful powers. That does not extend to force that is unnecessary, excessive, or disproportionate to the situation.

Examples can include:

• Unnecessary use of capsicum spray, tasers or firearms
• Excessive force during an arrest
• Physical assaults occurring while a person is in custody
• Injuries caused by unreasonable restraint methods

Where excessive force causes physical injury or psychological harm, you may be entitled to claim compensation.

Is making a complaint the same as making a compensation claim?

No, and this distinction matters.

A complaint to the Ombudsman or Tasmania Police may lead to an investigation into police conduct. A civil compensation claim is a separate legal process concerned with proving liability and recovering compensation for the harm you suffered.

In some cases, both processes can run at the same time. A finding made through a complaint process may assist a civil claim, but it will not decide the claim on its own. Each matter depends on the evidence and the legal basis for the claim.

What compensation may be available?

If you have a successful claim, compensation can cover:

• Pain and suffering
• Psychological injury
• Medical and treatment expenses
• Loss of income and earning capacity
• Care and assistance costs
• Out-of-pocket expenses

The value of a claim depends on the seriousness of the conduct, the length of any detention, the nature of any injury, the financial loss suffered, and the strength of the evidence.

What evidence is important?

Evidence is often the difference between a claim that can be advanced and one that cannot. Helpful evidence may include:

• Medical records and hospital reports
• Photographs of injuries
• CCTV or body-worn camera footage
• Witness statements
• Court documents
• Correspondence with police
• Ombudsman complaint records

Act early. CCTV footage may be overwritten, witnesses become harder to locate over time, and records may need to be formally requested before they are lost or destroyed.

Time limits apply

Time limits apply to civil claims involving police conduct in Tasmania. The relevant deadline depends on the type of claim, the court in which it is brought, and the circumstances of the matter. Missing a limitation period can prevent a claim from being pursued altogether.

If you think you may have a claim, seek legal advice as soon as possible.

How MEJ can help

At Maliganis Edwards Johnson, our experienced personal injury team acts for clients in complex compensation claims across Australia, including claims arising from alleged police misconduct in Tasmania.

Claims against police require close attention to the source of the power being exercised, what occurred at the time, what records exist, and whether the force or detention can be legally justified. Our team can help you:

• Assess the strength of your claim
• Obtain evidence and records
• Calculate your compensation entitlements
• Negotiate with government lawyers
• Represent you in court if necessary

Contact us today or call 1800 570 778 for a free, confidential conversation about your situation.