AFP used powers to close more than half of misconduct allegations without investigation
Australian Federal Police have used discretionary powers to close more than half of all allegations of misconduct against its officers in what has been described as a “protection racket”.
The body received 1213 allegations of misconduct over a five-year period to June 30, 2026, according to figures obtained through an inquiry into racism against Indigenous Australians and released on Friday.
Australian Federal Police have used discretionary powers to close more than half of all allegations of misconduct against its officers. iStock
Of those, 643 were dismissed under section 40TF powers of the AFP legislation which allows the commissioner to determine that no further action is needed.
Only 63 allegations were established, 215 were not established and 283 remain ongoing.
Independent Senator Lidia Thorpe, whose office obtained the figures, said they were staggering.
“This is 643 allegations closed under the commissioner’s broad discretion powers, with no transparent explanation of why,” she said.
“They show why we need an independent body to investigate police misconduct and end the protection racket.
“The public do not trust cops to investigate cops. We need a better system.”
In an annual report investigating AFP conduct and practice issues published in August, the Commonwealth Ombudsman found there were critical discrepancies between body worn camera footage and official reports of section 40TF.
It also found that the AFP is not consistently creating and maintaining records to prove its use of the powers was reasonable and compliant.
“These investigative deficiencies led to the dismissal of serious allegations under section 40TF without appropriate consideration of whether the application of force used was reasonable, necessary, and proportionate in the circumstances,” the report found.
Lidia Thorpe has raised concerns about cops investigating cops. nna\daniel.jeffrey
The ombudsman recommended the AFP to set a mandatory requirement to not use the powers to dismiss matters which use of force is the primary issue and to keep comprehensive and adequate records of these decisions.
The AFP accepted the first recommendation in principle, but would not implement a mandatory requirement saying it should depend on the situation, and accepted the latter in full.
Thorpe called on the federal government to follow the United Kingdom and Canada in establishing an independent national police oversight body.
“The Commonwealth has the power to legislate for this. What is missing is the political will,” she said.
The independent also called on the AFP to tell parliament exactly why the 643 allegations were discontinued and said she would follow the matter up during Senate Estimates hearings in October.
Nine.com.au has contacted the AFP for comment.
Share a tip-off, video or photo with us
