Media Releases

IBAC review finds risks in OC spray use by Victoria Police

Tuesday 23 Apr 2024

Today the Independent Broad-based Anti-corruption Commission (IBAC) released a summary of its thematic review into Victoria Police’s use of OC (oleoresin capsicum) spray.

IBAC’s thematic review assessed 15 investigations conducted by Victoria Police involving the use of OC spray between January 2020 and March 2022.

IBAC examined police interactions and the standard of aftercare provided following the use of OC spray, and the quality of internal Victoria Police investigations into the use of the spray, including their analysis of the use of force, the physical and psychological impacts, and adherence to human rights. 

IBAC identified issues with all 15 investigations and found that nine investigations were not of the expected standard.

The reviews indicated that some Victoria Police officers consider OC spray to be a low-level use of force, despite the advice in the Victoria Police Manual that says it should only be used where there are reasonable grounds to believe it is necessary and proportionate. The manual contains clear instructions that the spray should not be used when a person is only passively resisting.

IBAC found that in many cases the decisions and actions of police escalated incidents or increased the safety risk of those involved.

In some of the cases we reviewed, police did not provide a verbal warning before using OC spray where it was possible to do so, and often proper aftercare was not given to those affected by the spray.

Some of the cases IBAC examined demonstrated human rights were not considered, and police did not consider the potential physical and psychological harm caused by OC spray.

IBAC found that investigations into incidents involving OC spray were not rigorous and Victoria Police did not impose serious disciplinary action when allegations of misuse were substantiated.

In March 2023, IBAC made several recommendations to Victoria Police as a result of the findings of this review. These included:

  • conducting regular refresher training to all officers on the appropriate and safe use of OC spray with a focus on the potential for psychological and physical injuries, and the steps for providing aftercare
  • updating its policies to include advice on the psychological and physical injuries that OC spray can cause; how verbal warnings should be issued before using OC spray; and using OC spray on someone in charge of a vehicle
  • developing a step-by-step guide for administering OC spray aftercare that is accessible to officers.

Victoria Police either partially or fully accepted IBAC’s recommendations.

IBAC will continue to work with Victoria Police to oversight and monitor this important issue.

  • IBAC’s independent oversight of Victoria Police focuses on ensuring police act fairly, impartially and in accordance with the law.

    Part of this important role is to review selected internal police investigations, to assess whether they are thorough, impartial and fair, findings are evidence based, and outcomes are reasonable and in accordance with public expectations.

    When IBAC identifies areas of concern indicating possible systemic problems, we conduct a thematic review. This involves an analysis of a series of reviews on a specific theme or topic and usually results in a report identifying systemic and emerging issues for Victoria Police.

    Following a thematic review, IBAC works with Victoria Police to drive improvements and provide input into the development of police policies to reduce misconduct, strengthen investigation processes and increase accountability.

  • IBAC is Victoria's agency responsible for preventing and exposing public sector corruption and police misconduct.

    To report corruption or misconduct now, visit www.ibac.vic.gov.au/report or call 1300 735 135.

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