The Authority oversaw a Police investigation into an arrest of a man for failing to provide his address. The incident was notified to the Authority after a Judge was concerned by the way the matter escalated and asked Police to review whether the arrest was lawful.
The man had been stopped by Police while driving and was asked to provide his address to allow officers to issue a speeding infringement. The man told Police he didn’t have an address and was living in his vehicle. He said he was not provided any alternative options to satisfy the requirement to provide an address. The officers say they provided multiple opportunities for the man to provide an alternative address, however as he did not comply, he was told he would be arrested. The man resisted against arrest, which resulted in the officers grappling with him on the road.
While the Police investigation found the use of force and arrest were lawful, it found insufficient information had been provided to the Court and identified policy breaches. Police took appropriate employment action against the officer and identified wider training opportunities for staff.
The Authority notes that the Land Transport Act 1988 has recently been amended to provide that a driver can give an electronic address, such as an email, instead of a physical address. This would be sufficient in situations where the address is required so that an infringement notice can be issued. Police have advised staff about the amendment.
The Authority agrees with the process and actions taken by Police.
IPCA: 23-18547