When the Office of the Police Complaint Commissioner (OPCC) receives a misconduct complaint, we must determine whether or not it is admissible in accordance with the Police Act.
To be an admissible complaint the complaint must contain allegations of police misconduct as defined under the Police Act; not be frivolous or vexatious; and the complaint must be made within the 12 month period beginning on the date of the conduct giving rise to the complaint. The Police Complaint Commissioner may extend the time limit for making a complaint if the Police Complaint Commissioner considers that there are good reasons for doing so and it is not contrary to the public interest.
In reviewing a complaint our office may contact the complainant to obtain further information that may assist us in arriving at a principled decision regarding the admissibility of the complaint. We are careful not to weigh the evidence at this stage, but in exercising our gate keeping function we must ensure we have considered all the relevant circumstances which provide an accurate context to the matter.
If the complaint is determined to be admissible a Notice of Admissibility will be forwarded to the complainant and the complaint process will engage.
If the complaint is determined to be inadmissible, the complainant will be informed by way of a letter with reasons for the decision.