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61
Police Services to review their use of para-military forces
That all Police Services review their use of para-military forces such as the New South Wales Special Weapons and Operations Squad and Tactical Response Group units to ensure that there is no avoidable use of such units in circumstances affecting Aboriginal communities.
Testimony provided to the Yoorrook Justice Commission about a violent police raid on an Aboriginal family in their home, highlighted systemic failures in how Victoria Police engage with Aboriginal people during critical incidents. These deeply traumatic events erode trust, cause lasting harm, and make it clear that policy updates alone are insufficient to deliver meaningful change.
Aboriginal Justice Caucus Assessment
Recommendation 61 was intended to ensure that para-military forces like the Special Operations Group (SOG) and Critical Incident Response Team (CIRT) are not misused against Aboriginal people and communities.
Actions taken by Victoria Police only partially align with the intent of the recommendation. Revisions to the Specialist Support policies in the Victoria Police Manual reference Aboriginal Communities Factsheets and operational directives require officers to consider cultural sensitivities when deploying SOG or CIRT to Aboriginal communities. However, by themselves, these changes are insufficient to ensure meaningful implementation that reflects genuine cultural understanding.
It’s not good enough. They should have gone further. (Marion Hansen, Co-chairperson, AJC)
The introduction of the Operational Safety Critical Incident Review process aims to support internal learning and oversight. However, we note that there is not yet evidence to demonstrate whether these changes have resulted in substantial improvements in outcomes or greater accountability to our communities.
Overall, we are deeply concerned about Victoria Police’s excessive use of force against our mob. In our discussion, we shared experiences our community members have had with police, including:
We had a home raided here in the West… Police didn’t realise the individual they were after was incarcerated until after they’d done the raid. They didn't check the facts and did the home invasion with full tactical gear on… The person it was done to didn't complain because of fear of repercussions to her partner… She wanted her partner to come out of jail alive… It wrecked the reputation of her and her family in that community so she couldn't live in it anymore. She didn't do anything wrong, but it disrupted her whole life – she lost her home, her community and suffers from PTSD. So, you know, it’s real, there’s a big backlash from doing home invasion the wrong way, and without appropriate consultation. (Kooramyee Cooper, former Chairperson, Western Metropolitan RAJAC)
Likewise, testimony provided to the Yoorrook Justice Commission, particularly the accounts from members of the Cruse family, about a violent police raid on an Aboriginal family in their home, highlighted systemic failures in how Victoria Police engage with Aboriginal people during critical incidents. These deeply traumatic events erode trust, cause lasting harm, and make it clear that policy updates alone are insufficient to deliver meaningful change.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Mandate and broaden Victoria Police Manual requirements
Remove any caveats and mandate consideration of individual and community impacts before acting.
Broaden these requirements to apply to other specialist response units, not just the Special Operations Group, including counter terrorism units and others that did not exist at the time the recommendation was made.
Additional oversight of use of specialist Victoria Police units
Ensure additional oversight before specialist units are deployed in relation to Aboriginal individuals, families or communities to avoid mistakes and unnecessary harm.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the case of David Gundy, who was killed during a police raid, to draw attention to concerns about paramilitary-style policing. A separate inquiry into his death found serious misconduct by the New South Wales Special Weapons and Operations Squad, including improperly acquired search warrants and a flawed investigation.
As noted in a 1991 Aboriginal Law Bulletin article by Chris Cunneen, the Inquiry highlighted the inherent risks of such units operating on a ‘ends justify the means’ rationale. It revealed a systemic disregard for legal safeguards and the rights and safety of civilians.
Actions Taken Since Last Review
In 2023, Victoria Police assessed Recommendation 61 as partially implemented.
Victoria Police
Victoria Police formally amended the Victoria Police Manual – Specialist Support in 2023 to include explicit instructions that cultural sensitivities must be considered when deploying the Special Operations Group (SOG) or Critical Incident Response Team (CIRT) into Aboriginal communities. These amendments, captured in sections 3.1 and 6.1 of the manual are the source documents demonstrating that this recommendation has been codified in an authorised standard within the organisation.
The updates were expected to be completed by August 2023 and are now reflected in the current manual, providing concrete evidence that the policy has been institutionalised in the authorising documentation.
Impact
Yoorrook Justice Commission
The Yoorrook Justice Commission examined the April 2015 police raid on the Cruse family's home in Melbourne. During the hearing, David and Anja Cruse, along with their son Eathan, provided testimony about the traumatic event. Eathan, then 19 years old, was subjected to physical assault by police officers, resulting in significant injuries that required hospitalisation. David Cruse described how the police entered their home without identifying themselves, used racist language, and subjected the family to terror.
Despite lodging an official complaint shortly after the incident, Victoria Police did not take responsibility or issue an apology. In 2019, the Supreme Court of Victoria awarded damages to Eathan for the excessive use of force, while David settled his case out of court. An Independent Broad-based Anti-Corruption Commission (IBAC) review in 2020 concluded that the police should have substantiated the excessive force complaint, but Victoria Police refused to change their findings.
The Yoorrook Justice Commission's hearing brought to light the ongoing impact of this incident on the Cruse family and underscored the need for systemic reform to address issues of police brutality and accountability. During the hearing, David Cruse recounted:
Eathan was bruised, battered, could see bruising on him, you could see he was in pain. I had a lump that was about that big on my head, so I was bruised and battered. Blood, there was blood everywhere, on the kitchen fridge, on the kitchen floor, out where I was in the dining room floor. So, when they ripped me up, dragging me out, because the blood went straight to me head, I started fainting towards the door and I've gone to my knees out in the lounge room, and the guy just come up and said "Stop faking, you black C", and kneed me in the face.
Community Views
Our Youth, Our Way
Perspectives of young people gathered during the Inquiry:
The worst thing was probably this one police officer who jumped up and picked me up and like he slammed me – it happened so quick – he put his knee into my back. I was like 14. He was just crunching it and crunching it and he was full standing on my head with one foot, putting all his weight on it, and it was all in public. – Karrwin, 20
[A police] dog bit me. I got 22 stitches in the leg, split my face open. I was in hospital for two days. I didn’t get interviewed or nothing. They dropped all the charges. – Drew, 19