On 29 July 2015, the Court of Appeal, by majority, allowed an appeal by Nassir Bare against a decision of a single judge of the Supreme Court. The judge had upheld the original decision of the Director (Director) of the Office of Police Integrity (OPI) not to investigate a complaint against a member of Victoria Police of cruel, inhuman or degrading treatment. Among other things, Mr Bare complained to the OPI that he was capsicum sprayed by police while handcuffed, had his teeth chipped on the gutter during his arrest and was racially abused by officers. 

The Court of Appeal held that the decision was unlawful on the basis of an error of law on the face of the record – specifically, the Director’s failure to give proper consideration to Mr Bare’s human rights, as required by section 38(1) of the Charter of Human Rights and Responsibilities Act 2006 (Charter). The Court of Appeal quashed the decision and IBAC–which has since replaced the OPI – to reconsider Mr Bare’s complaint and to give proper consideration to his Charter human rights when doing so.

Wednesday, July 29, 2015