Claims against Queensland police
The Police Powers and Responsibilities Act 2000 (Qld) sets out what officers may do when they stop, arrest, search and hold you. When those rules aren’t followed, you can claim against the State of Queensland.
Your rights, in four momentsSwipe through the four cards.
Not followed? That may be a claim.
Not followed? That may be a claim.
Not followed? That may be a claim.
Not followed? That may be a claim.
A plain-English summary of the Police Powers and Responsibilities Act 2000 (Qld). Every situation turns on its facts.
When rules are broken
Most real matters involve more than one of these. You sue the State of Queensland, not the officer.
Talk to usAn arrest needs a reasonable suspicion and a proper purpose under the Police Powers and Responsibilities Act 2000 (Qld). Without them, every minute in custody is actionable.
Force must be reasonably necessary. Takedowns, strikes, capsicum spray, tasers, dogs and restraints all have limits, including when someone is arguing, filming or already handcuffed.
Being charged and later cleared is not enough on its own. The prosecution must have had no reasonable and probable cause, and been brought or kept going with malice.
Searches of a person, a vehicle or a home each have their own preconditions. Without them a search is a trespass, and a strip search is a serious one.
Questioning about an indictable offence is limited to a reasonable time, and no more than eight hours unless a magistrate extends it. Time held beyond that is false imprisonment.
Where police took on responsibility for someone’s safety and did not deliver it, such as a protection order not acted on, the claim is in negligence.
Injuries to a pursued driver, a passenger, or an uninvolved motorist or pedestrian. These run alongside the CTP scheme, and both routes need to be run together.
The most serious matters, and the ones where evidence goes cold fastest. A coronial inquest and a civil claim are separate processes with separate rules.
Since the Human Rights Act 2019 (Qld), police must not act incompatibly with the rights it protects. That is a separate route, with its own procedure and clock.
Time limits
If any date is close, call 1300 529 529 before reading further.
FAQ
Short answers. Your own situation is worth a conversation.
It is one element of a malicious prosecution claim, not the whole of it. You also need to show there was no reasonable and probable cause, and that there was malice.
No. The State of Queensland is the defendant. The officer’s conduct is the subject of the case, but the liability is the State’s.
Not necessarily. The question is whether the police conduct was lawful. Someone who was committing an offence can still be unlawfully arrested, searched or assaulted.
You can. But a complaint is not a claim, it does not pause any limitation period, and it is not a prerequisite. Do both if you want both.
No win, no fee*. If the claim does not succeed you do not pay our professional fees. Outlays may still be payable, depending on your costs agreement.
The first conversation is confidential, with no obligation to go ahead. A lawyer reads every enquiry, and we will be in touch within 1–3 business days.
