Right to Review Policy

The Queensland Police Service (QPS) acknowledges that victim-survivors of sexual violence may experience trauma and may feel anxious, unsafe, or worried because of the justice process. Whilst this policy does not contain specific or graphic details of sexual assault, victim-survivors may wish to read the policy with a support person. Localised and national supports are available and can be accessed by visiting the Queensland Government website which has a full list of these support services and how to contact them.

The QPS respectfully acknowledge First Nations peoples as the Traditional Owners and Custodians of Queensland. QPS recognise their connection to land, sea and community. QPS pay respects to them, their cultures, and to their Elders, past, present and emerging.  QPS acknowledge that First Nations peoples are disproportionately represented as victim-survivors of sexual violence and is committed to working in partnership with First Nations peoples to improve outcomes through culturally responsive and trauma-informed approaches.

Overview

The Queensland Police Service’s (QPS) Right to Review Policy outlines:

• Why the policy was developed;
• The purpose of the policy;
• Who the policy applies to and who is eligible to make a request;
• The review process; and
• What happens after a review is completed.

Background

The Women’s Safety and Justice Taskforce, established by the Queensland Government in 2021, published their second report, ‘Hear her voice – Report Two – Women and girls’ experiences across the criminal justice system’ (Report) in 2022. 

Recommendation 50 of the report stated:

"The Queensland Police Service and the Office of the Director of Public Prosecutions establish a clear, robust, transparent and easily accessible internal ‘right of review’ process of police and prosecutorial decisions for victim-survivors of sexual violence. The internal right of review will include an ability for a victim-survivor to request that a police decision to discontinue charges, and a prosecution decision made on behalf of the Director of Public Prosecution, be reviewed by another more senior officer. The outcome of the review could be for the decision to be changed, affirmed or an alternative decision made. The outcome of an internal review process including the reasons for the decision will be clearly communicated, using plain English to the victim-survivor.”

In response to this recommendation, the QPS has created a Right to Review policy. The QPS is committed to providing victim-survivors of sexual violence a formal review process which is victim-centric and trauma-informed. The QPS embraces transparency and continual improvement in responding to victim-survivors of sexual violence.

Purpose

The purpose of this policy is to:

• Create an accessible pathway for victim-survivors of sexual violence to request a review of a relevant QPS decision without interfering with the independence of police and police prosecutors; and
• Implement a process that supports continuous improvement in police responses to sexual violence, including investigative and prosecutorial decision-making.

Scope

This policy relates strictly to QPS sexual violence investigations and prosecutions, and applies to:

• All QPS members who make a relevant decision in relation to a sexual violence investigation or prosecution; and
• All relevant QPS decisions made after the commencement of this policy.

Eligibility Requirements

Any person who has made a complaint to police about sexual violence may request a review. For the purposes of this policy, this person is referred to as a ‘victim-survivor’.

The following people may also request a review of a QPS decision on behalf of the victim-survivor:

• A parent or guardian, where the victim-survivor is under 16 years or is under legal guardianship, or
• A support person or carer of the victim-survivor, provided the victim-survivor consents.

A victim-survivor can request a review of relevant QPS decisions relating to sexual violence. A relevant QPS decision is: 

• The decision not to charge a suspect, where a suspect has been identified;
• The decision to unfound[1] a matter;
• The decision to discontinue a charge or prosecution; and
• The decision to substantially change or reduce a charge.

Any relevant decision made after the publication of this policy is reviewable. 

Review process

A victim-survivor of sexual violence can request a review of a QPS decision through a number of channels.

• Online form: This form can be found on the QPS website here: Right to Review request form
• Email: A paper copy of the form (PDF) can be downloaded from the QPS website and emailed to SexualViolenceReviews@police.qld.gov.au
• Via post: A paper copy of the online form (PDF) can be printed and sent via post to: Queensland Police Service: Attention: Sexual Violence Response Team, Crime and Intelligence Command: GPO Box 1440: Brisbane QLD 4001
  • (Where a paper copy of the online form is not practicable or accessible, a letter can be posted to the above address. This letter must contain the victim-survivor’s name, date of birth, QPRIME number (where known), investigating officer’s name, decision they wish to have reviewed and the reasons for the review.
  • For purposes of communicating outcomes and updates to the victim-survivor, this letter must also contain at least one method of return contact e.g. phone number, email address or postal address.)
• In person: By attending a police station where a QPS member will assist the victim-survivor to complete and submit the online form.
• Directly to the investigating officer/prosecutor: The victim-survivor may request a review directly from the investigating officer or prosecutor. In these circumstances, the investigating officer/prosecutor should assist the victim-survivor to complete and submit the online form.

Upon receiving a request for review, the QPS will provide a written acknowledgement of receipt to the applicant as soon as reasonably practicable.

If a request is not eligible:  If a request does not relate to a relevant QPS decision, a QPS member will contact the victim-survivor via their preferred method of contact as soon as reasonably practicable to provide reasons as to why their request is not eligible.

If a request relates to an Office of the Director of Public Prosecutions (ODPP) decision: If a request relates to a decision made by the ODPP, the request will be referred to that office for review. The applicant will be notified of the referral and contact details for the ODPP via their preferred method of contact as soon as reasonably practicable. The ODPP Right to Review policy can be found on their  website.

If a request for an investigative decision review is eligible: If the request relates to an investigative decision, the request will be allocated to the Officer in Charge (OIC) of a Child Protection and Investigation Unit (CPIU) or Criminal Investigation Branch (CIB). [2]

OICs of CPIU and CIB also hold the role of Sexual Violence Liaison Officer (SVLO), with responsibility for ensuring a victim-centric, trauma-informed response to victim-survivors of sexual violence. This responsibility includes ensuring continuous improvement through reviews and audits of investigations.

If a request for a prosecutorial decision review is eligible: If the request relates to a prosecutorial decision, the request will be allocated to a member of the Prosecution Services Support Unit.

The allocated reviewing officer of both investigative and prosecutorial decision reviews will have had no prior involvement in the matter and be of a higher rank than the original decision maker.

Once the request has been allocated to a reviewing officer, the reviewing officer will make contact with the applicant via their preferred method as soon as reasonably practicable. This initial contact will ensure the victim-survivor is aware of the reviewing officer’s name and contact details for further communication. 

The reviewing officer will conduct a review of the relevant materials to determine an outcome.

The reviewing officer will consider a range of factors, which will depend on the type of decision being reviewed. A reviewing officer considering a prosecutorial decision can look at:

• If investigative and prosecutorial responsibilities have been met;
• Any evidence that may have been significantly misinterpreted;
• If the law was incorrectly applied;
• Relevant ODPP Director’s Guidelines and QPS policies and if they were applied; and
• If the original decision-maker applied flawed reasoning.

A reviewing officer considering an investigative decision can look at:

• If more evidence should be sought and if so, what this evidence may be;
• Whether the investigative responsibilities have been met;
• Sufficiency of evidence and public interest provisions; and
• If all evidence was thoroughly considered and properly interpreted.

The review must be conducted within 28 days of allocation, and the outcome communicated to the victim-survivor within that timeframe. 

Investigative decision outcomes

• The reviewing officer agrees with the original decision and the original decision will remain
• The reviewing officer disagrees with the original decision and the matter may be reinvestigated by a new Senior Investigator  

Prosecutorial decision outcomes

• The reviewing officer agrees with the original decision and the original decision will remain
• The reviewing officer disagrees with the original decision and prosecution of the charges before the court may be maintained or recommencing prosecution of the charges may occur.

Should the reviewing officer disagree with the original decision in either a prosecutorial or investigative decision review, the matter will be discussed with someone of a higher rank (Superintendent Prosecution Services or relative Detective Inspector respectively) before a final decision is made. 

The reviewing officer must complete the review and discuss the outcome and reasons for their decision with the victim-survivor as soon as reasonably practicable within 28 days of the reviewing officer receiving the request.

In exceptional circumstances, if a review is particularly complex, the reviewing officer may require further time to consider the available materials and reach a decision. In these circumstances, the reviewing officer will advise the victim-survivor of the revised timeframe and once a decision is reached.

The outcome will be communicated to the victim-survivor in plain English and in accordance with the victim-survivor’s preferred method of contact.  

The victim-survivor may request a meeting to discuss the outcome if they wish. If a meeting is requested, the victim-survivor will be informed they can have a support person attend this meeting. Consideration should be had to the communication needs of the victim-survivor and how the victim-survivor can be supported in the meeting. An interpreter will be arranged for the victim-survivor if necessary.

Advice of the outcome and reasons for the decision can be provided to the victim-survivor in writing if requested.  

Alternative complaint options

A victim-survivor has the right to make a complaint about their rights not being upheld under the Charter of Victims’ Rights. This complaint can be made to the Office of the Victim’s Commissioner (OVC) or to the agency the complaint is about. Information about how to make a complaint about a Charter breach to the OVC can be found by visiting their website. Charter of Victims’ Rights complaints made to the QPS should be made to the Ethical Standards Command. In accordance with the Charter of Victims’ Rights, victim-survivors must be informed at the earliest practicable opportunity about services available to the victim-survivor and about their right to make a complaint.

For all other concerns or complaints about QPS services or officers that fall outside the scope of this policy, please refer to the QPS website.

Complaints can also be made over the phone through Policelink on 131 444 or by postal mail addressed to:

Queensland Police Service
Attention: State Coordinator, Complaint Management
GPO Box 1440, Brisbane QLD 4001