‘Terrifying’: What happens when police officers abuse their partners

Jane’s* partner was losing control. In his rage, he kicked a bin and damaged a wall. She tried to take their baby and flee, but he grabbed a kitchen knife. “If you take our [child], I’ll stab you,” he threatened. When she tried to call triple zero, he restrained her. She eventually fled, leaving her child behind. A neighbour heard her partner yelling, but was reluctant to interfere for one reason.

“I know the man is a police officer,” the woman later told a court, “so I didn’t want to get involved.”

Victims are questioning how NSW Police investigates its own officers accused of domestic violence.Credit: Graphic: Monique Westermann

As the NSW Police Force overhauls its approach to domestic violence, managing transgressions within its own ranks has become a thorny problem. Victims face an extra set of challenges, including their abusers knowing how the system works, having friends inside the force and having knowledge of weapons. Also, NSW Police – which devotes about half its general policing resources to domestic violence – wants to be seen as being beyond reproach.

But reports by two independent agencies – the NSW Audit Office and the Law Enforcement Conduct Commission (LECC) – say there is too much room for conflict of interest when the NSW Police Force investigates allegations against its own employees, and warn this puts the safety, privacy and confidence of the victim at risk.

Victim advocates agree and want NSW to follow the lead of Victoria, which became the first state to set up a standalone police unit dedicated to investigating family violence and sexual offences perpetrated by its own employees. But NSW Police say that system would be impractical in this state, particularly in regional areas, and say the oversight of a commissioned officer is sufficient.

Jane’s case was frightening. She was a police officer, too. The couple had been together for 2½ years, and had a child together when the incident occurred. Her former partner was arrested for assault and intimidation. Her attacker – whom the magistrate described as a “large and powerful-looking person” – told a court the pair had a fraught relationship, and that, as an officer herself, she knew “how to manipulate investigating officers ... and to deliver a story that was believable but, on the defence case, made up”.

That accusation goes both ways. Victims, who are mostly female, say officers use their knowledge of the system to make counter-claims and appeals, leaving cases so bogged down they take even longer to resolve.

In Jane’s case, the magistrate disagreed with her former partner, and found Jane’s story the believable one, as it was backed up by proof of her fear, such as phone calls and witnesses.

“[She] was in a terrifying situation, concerned for herself and her son,” the magistrate said. Jane’s was “powerful, believable evidence that I accept as the truth”. The officer convicted of attacking Jane has been suspended without pay.

In the past four years, 76 NSW police officers have been charged with 336 domestic violence-related offences, including breaching AVOs, choking, and assault, data obtained under freedom of information laws shows.

Most were constables or senior constables, but more than a dozen sergeants were charged with 49 offences and one inspector was charged with sexual intercourse without consent. About 90 per cent of those charged were male.

The most common charges were common assault (74 offences), stalking or intimidation with intent to cause fear of harm (63 charges), and using a carriage service to menace, harass or offend (23 charges).

To ensure transparency, NSW Police policy stipulates that press statements should be issued when officers are charged with offences. But an FOI request shows this was followed in just 49 of the 76 cases. A NSW Police spokeswoman said the public affairs branch could not search by category, so a manual search might not capture all relevant information.

However, the statements that were released shed more light on the accusations, such as the 37-year-old senior constable charged with stalking and intimidation, as well as 15 counts of using a carriage service to menace, harass or offend. Or the 32-year-old senior constable who faced 12 offences, including assault, intentionally choking and stalking.

One of the more common charges (41 cases) was accessing or modifying restricted data. That involves police employees using the force’s computer system to look up information they had no reason to access, which is illegal. The system contains personal details, criminal histories and every contact a victim has had with police. It would be valuable information for someone who is spying on an investigation.

Some of the police media releases about officers charged with offences.

Research about the prevalence of family violence within law enforcement is scant, but some papers suggest officers were at least as likely, and possibly more likely, to commit an offence than the general population. As one study said, victims face particular challenges because officers are trained to control situations, their jobs are stressful (which is associated with intimate partner violence) and they have access to weapons.

The Herald has spoken to multiple women who have made allegations of domestic violence against NSW Police Force employees. Some were officers themselves, and said their knowledge of the culture made them particularly nervous about making a complaint; they understood how gossipy the force could be, and how often officers shared stories across commands with colleagues.

One former victim said when she reported the abuse, a record of the matter was sent to a police area command where her ex-partner had contacts and influence.

When officers are charged with any crime, the issue of their employment goes to the NSW Police Commissioner. FOI data shows only six officers out of the 76 charged between January 2019 and January 2023 were suspended without pay while awaiting trial. However, several resigned or were dismissed as the trial progressed or after a guilty verdict.

The LECC report raised questions about whether someone who has been charged or convicted, or was subject to an Apprehended Domestic Violence Order, would have a conflict of interest when dealing with domestic violence cases in their line of work.

The commission and the audit office were also concerned about the potential for complaints to be investigated by the alleged perpetrator’s present or former colleagues.

“No matter how impartial an investigator may be when investigating another officer who is known to them or works in close proximity to them, victims and others may perceive that such investigations will not be impartial,” the audit office report said. “This perception can lead to a loss of community trust ... [which] may stop some victims from coming forward and reporting domestic and family violence incidents to the NSW Police Force.”

The LECC said investigations should be moved to another command – which NSW Police rejected as impractical – or, failing that, a commander’s decision-making process and management of conflicts of interest should be documented.

The LECC explored a 2021 Victorian solution. There, police set up a sexual offences and family violence unit dedicated to investigating offences by employees. It was prompted by recommendations from the state’s Family Violence Royal Commission and a landmark report that revealed a major problem with predatory behaviour in police ranks.

The unit has six teams dedicated to investigating complex employee-related allegations. It also deals with sexual assault or stalking allegations against police, including cases in which an officer pursues a sexual relationship with a crime victim or witness, Victoria Police said in a statement.

Less complex allegations are still dealt with by general police, although the unit provides support around the clock. The professional standards command – tasked with police integrity – oversees the choice of investigators, checks for conflicts of interest (these cases are sent to another region) and ensures policies are followed. Victims worried about the handling of their cases can also contact the unit for support.

Leading the way: Victoria’s Assistant Commissioner Tess Walsh.Credit: Justin McManus

Victoria’s Assistant Police Commissioner Tess Walsh, from the professional standards command, said the state was the first in Australia to devote a team to investigating accused employees.

“Victoria Police has received inquiries from Australian and international jurisdictions seeking advice to assist their own response to employee-related family violence,” she said.

Liz Snell, the law reform and policy co-ordinator at the Women’s Legal Service NSW, wants NSW to follow Victoria’s lead, including by issuing clear, public information about how police employee-related allegations would be investigated. “This goes to the issue of building public confidence,” Snell says. “There are many police doing great work. But we also hear of poor police responses.

“Where there are allegations of domestic and family violence perpetrated by police, it is important victim-survivors are aware of their options to report with an emphasis on ensuring safety, privacy, support and accountability. This information must be publicly available and easy to access.”

Assistant Commissioner Joe Cassar heads NSW’s professional standards command, which deals with integrity issues. He says there is no room for domestic violence within NSW Police. He meets the commissioner each fortnight to discuss disciplinary matters that could lead to the police chief losing confidence in an officer.

NSW Police Assistant Commissioner Joe Cassar meets the commissioner each fortnight to discuss disciplinary matters.Credit: Edwina Pickles

The accused must go through the judicial process like everyone else, and their guilt must be proven beyond reasonable doubt, he said. But decisions about employment are made on the balance of probabilities. Some are suspended, with or without pay. Their work-related firearms are secured. When it comes to their personal firearms, they are treated like civilians. Depending on the allegations, they might have their duties restricted. “There’s a big percentage where the commissioner loses confidence,” Cassar said.

In September last year, after the audit office and LECC reports, the force introduced a new system to address potential conflicts of interest, which could range from police investigating police in the same command to junior officers investigating superiors. Any report of domestic violence involving a serving or former police officer must be sent to the local inspector, who will oversee the process and contact the victim to ensure they are satisfied.

Moving the investigation to a different command, as recommended by the LECC, would be difficult in regional areas, Cassar said.

“In the Broken Hill district, the borders of the whole command are the three state borders,” he said.

“That’s why we came up with a realistic system where it’s a commissioned officer, a high level within the NSW Police Force, that’s doing an assessment and recording their findings, making a permanent record ... a number of points covered off to make sure there’s no actual or perceived conflict.”

But Snell wants to see a Victorian-style system. “We believe it would be beneficial for police to consult with victim-survivors and advocates on this important issue,” she said. “It is also vital that information is publicly available about options to safely report and what happens when you report, and the policy is regularly reviewed with input from victim-survivors to see how it can be further improved.”

*The Herald used a pseudonym to protect the identity of the victim.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800 RESPECT (1800 737 732).

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