VIC False Assault charges reported to police-Report request

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Destiny

Well-Known Member
10 March 2020
63
3
199
Victoria
Hello An alcoholic partner had reported me to police in one of his drunken rages for assault. These allegations were completely false, he staged everything after I left the house and the police seen right through the lies. They have advised that I am listed as the AFM " affected family member" on their report. No charges were laid as far as I know and police didn't attend house. They gave me phone numbers to call if need them.
I called police station and requested a copy of the report, but they said it just has what was said that night and no further required.
Is it possible due to privacy laws to get a copy for my records, since partner was the instigator of the report not me.?
Can he reopen this matter and attempt further trouble for me?
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear Destiny,

Freedom of information It maybe possible to obtain a copy of a police report with your name in it via freedom of information request. It is not really a privacy concern per se but it would be prudent to note in your application if applicable why you don’t want the police to consult the partner - as this process is quite procedural and depending on your situation (certain situation police may be able to waive the obligation to consult the partner) the police may have to.

Police has an obligation to at least have some form of procedural fairness so if the partner try again they will have to at least consider partner’s new report.

I am not clear on your situation. Perhaps have a chat with someone is helpful - there are some free legal help for women e.g. Women’s Legal Service Victoria |

Good luck!

-Nighthleyn
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,939
820
2,894
Sydney
It's possible that privacy was the spurious excuse
offered up by Constable Unhelpful when @Destiny called the police station.

I agree that a visit to WLSV might be helpful.
Maybe make an appointment to attend in person.
 

Destiny

Well-Known Member
10 March 2020
63
3
199
Victoria
Thank you!
Maybe I should try the WLSV as I had spoken on a prior occasion via telephone to GenWest, after my initial call to Safe Steps. Unfortunately, it was 2 months before GenWest got back to me with the backlog.
I know he attended police the next day, when then sober, so would he have signed the statement ??

He has no problem with lying to police and even to courts, as he boasts about his prior history events.
Even though the police could see through the attempted setup, and listed me as the A.F.M, I was not required to attend the police station. I offered several times to go in with my diary notes etc.
I was wondering if the Police report, even though they did not attend the house that I'm aware of, would help if I need to do an AVO or he attempts another setup act.???

So appreciated thanks!