Right to Review FAQ's

You may have some questions about the Right to Review Policy. These frequently asked questions are designed to help you understand the policy and the review process. Use this section to quickly access clear, practical information.

What decisions I can request a review of?

There are four types of QPS decisions that you can request be reviewed. 
Investigative decisions:

• The decision not to charge a suspect where a suspect has been identified e.g. QPS has identified the person who committed the act, however have decided not to charge them for the crime.
• The decision to unfound a matter e.g. where QPS has found evidence the crime did not happen

Prosecutorial decisions:

• The decision to discontinue a charge or prosecution e.g. QPS have advised you that a charge or charges will no longer go ahead
• The decision to substantially change or reduce a charge e.g. QPS have changed a charge from ‘rape’ to ‘sexual assault’

Am I able to request a review? Can someone else request a review on my behalf?

Yes, you can request a review if:

• you are the victim-survivor in a sexual violence matter and are over 16 years of age; or
• you are a support person of the victim-survivor and have their consent to make the request, or;
• you are the parent or guardian of a victim-survivor in a sexual violence matter who is:
  • under 16 years of age or;
  • under legal guardianship (for people who may have a disability affecting decision-making).

Can I request a review of a matter that isn’t related to sexual violence?

No – the QPS Right to Review policy only applies to sexual violence matters.

The crime I experienced was an online crime (e.g. images of me were distributed without my consent), or a crime that wasn’t violent (e.g.  the perpetrator attempted to assault me). Can I still request a review?

Yes – any offence outlined in Chapters 22 and 32 of the Criminal Code Act 1899 is considered a ‘sexual violence matter’ under this policy. 

What help can I get to submit a request for review?

If you would like some assistance in completing a request, you can attend your nearest police station and ask the front counter staff to help you write and submit the request form.

If you feel comfortable to, you can ask the person who made the decision (investigating officer or QPS prosecutor) to help you complete the online or paper form. Alternatively, there are a range of support services available for broader assistance, which can be found on our support services page.

I have submitted my request – when will I hear back from QPS?

If you submitted your request form online through the QPS website, or via direct email, you will receive an email response to advise you that we have received your request.

If the request is not eligible, you will receive an email advising you of this as soon as practicable.

If the request is eligible, you will receive an email advising you of allocation to an appropriate reviewing officer and providing contact details for that person. Please note, appropriate allocation to a reviewing officer includes considering workload and current taskings, so this is not an automatic process. You will be advised as soon as practicable.

Will I have to complete another statement?

The answer to this question will depend, case by case. The reviewing officer will go over existing evidence and determine whether any further material is required.

In instances where the reviewing officer has decided further investigation may be required, you may need to complete a further statement. You will be kept informed of this process by the reviewing officer.

I’m not satisfied with the outcome of the review/I believe more needs to be considered. Can I escalate this?

The review process involves multiple internal stakeholders and is designed to be impartial and thorough. As such, there is no escalation pathway available. 
If you remain dissatisfied with the outcome, you may wish to consider whether your concerns fall within the scope of a breach of the Victims’ Charter, which provides an avenue for formal complaint.

If I have a meeting with QPS about the request, can I bring a support person with me?

Yes. A support person may be a friend, family member, partner, or support worker from a service. This support person cannot be involved in the matter as they may be called as a witness. If you do not have a support person, the reviewing officer can organise one to assist you.

I don’t want to receive any written correspondence – can QPS contact me via phone only?

Yes. When you submit a request for review, please outline your preferred method of contact, contact requirements and if you have any reasonable adjustments for communication.

I have submitted a request for review and QPS has told me it isn’t eligible. Why is this?

When a QPS member sends you an email advising that your request isn’t eligible, they will provide reasons for this. If you are dissatisfied with the response, you may request a meeting with QPS for further explanatory purposes. This meeting cannot be guaranteed by QPS and each request will be responded to on a case-by-case basis. 

Can I submit a request for review if I require a translator (English is my second language)? 

Yes – you can request a translator in your preferred language: 

• From within Australia by calling 1800 512 451, or;
• From overseas by call +61 7 3022 6100.
   

When will I find out the outcome of the review?

The reviewing officer will conduct the review and provide an outcome to you within 28 days of them receiving the request. If the reviewing officer needs more time to complete the review, they will notify you of this.

Who completes the reviews?

The review will be allocated to a Sexual Violence Liaison Officer who holds the role of Officer in Charge (usually a Detective Senior Sergeant). 

This person will be stationed in a different district to the original investigating officer, to avoid bias or knowledge of the matter.

The reviewing officer has decided further investigation is required. What now?

The reviewing officer will contact you to advise you of this decision and a senior investigator will be allocated to undertake further evidence-gathering into the matter. This senior investigator will be your main liaison point after the review is completed. Any further investigation required will be carried out and you will be kept up to date with this process as much as possible.

I have an issue or decision I would like to be reviewed, but it doesn’t fit into the scope of the Right to Review policy. What can I do?

If you have a complaint you would like to raise with QPS, you can submit a complaint on our website, by phoning Policelink on 131 444 or attending your local police station.