Protest rights in Australia are increasingly under attack, and in recent years there has been an increase in policing of protest activity and concerning incidents of police violence against protesters.
Experiencing police violence can be frightening and traumatic. Taking the right steps as early as possible can make a difference to your safety, your legal rights, and the ability of yourself and others to seek justice. This guide sets out practical steps you can take to protect yourself, preserve evidence, access legal assistance, and support your wellbeing.
This guide was co-produced in collaboration with the Human Rights Law Centre and is provided for informational purposes only and does not constitute legal advice. It is aimed at helping you gather and preserve the information you or others may need in order to seek legal assistance and pursue justice after an incident.
Update: the Law Enforcement Conduct Commission is asking anyone who has evidence from the protest to upload it to their website.
Immediately after the incident
- As soon as you can, write down your account of what happened including exact date, time, location, and, if possible, police badge numbers or name tags.
- The closer in time to the incident you write this, the more accurate and reliable it will be.
- Ask any witnesses to do the same.
Preserving evidence
- If you have your own videos or photos of the incident, store them somewhere safe where they won’t be accidentally lost or deleted.
- Do not edit, crop, filter or alter any photos or videos. Keep original files with metadata preserved.
- Ask any witnesses to do the same as well as provide you with copies.
- Keep copies of all documents related to the incident.
If you’re a witness
If you are a witness and you don’t know the person that was arrested or injured:
- As soon as you can, write down your account of what happened. The closer in time to the incident you write this, the more accurate and reliable it will be if you are willing to be a witness in court proceedings.
- Store the footage somewhere safe where it won’t be accidentally lost or deleted;
- Contact the local legal observer groups to ask if they can safely store the footage;ask around trusted networks to try and get a direct line of contact with the person so you can send the footage directly to them; and
- Keep watch on social media for call outs for footage – this may happen months or even years after the incident.
To make a complaint
In many jurisdictions, there are law enforcement oversight bodies who can receive complaints about police wrongdoing.
In NSW, the Law Enforcement Conduct Commission is the independent police oversight body. Complaints can be made via the LECC website. The more accurate and relevant complaints, information and footage the LECC receives, the more likely it is to investigate, and the more likely that its investigation will be rigorous.
In Victoria, information about complaint options relating to Victoria Police can be found here.
You might also consider contacting your state member of parliament, so they can be made aware of your concerns, and can consider raising the matter, for example in parliament. In both NSW and Victoria, contact details for all members of parliament are available on the parliamentary website for New South Wales and Victoria.
Medical and psychological care
- If you were injured, see a doctor as soon as possible. The sooner you are able to see a doctor, the better you will be able to evidence that your injuries were the result of the police action.
- When you see the doctor, provide a full list of all injuries, symptoms, and pain you are experiencing, even if they seem minor. Ask the doctor to record your description of what happened and your report of injuries in their medical notes.
- You should also make repeated visits to your doctor if your injuries develop, worsen, or require ongoing medical treatment.
- Ask the doctor for copies of the records of your visits. You are entitled to ask your doctor for access to your medical records and to receive copies of them
- Keep receipts for all medical expenses, medication, travel costs, and other related expenses.
- Take photos of injuries over the days following as bruising and swelling can take some time to develop.
- If you develop psychological harms, see a mental health professional for support and ask them for copies of records of your visits.
If you are arrested
- You have the right to silence.
- If asked, you must provide your name and address, but you do not have to answer further questions without legal advice.
- You can ask to speak to a lawyer before answering any questions.
- You have the right to contact a lawyer, a relative, a friend, a guardian, or an independent support person.
- You have the right to an interpreter if you need one.
- Police can detain a person for questioning only for a limited period. If you are not charged within the lawful timeframe, you must be released.
- If you are injured or feel unwell while in custody, ask for medical attention and ask that this be recorded.
Legal Assistance
- See a lawyer as soon as possible for legal advice about defending any charges and/or taking civil action against the police.
- Time limits can vary depending on the type of claim and where you live. It is important to seek legal advice as early as possible.
- In NSW when a ‘major event’ has been declared, there may be limits on what compensation is available for police actions related to the major event. If you are considering pursuing civil action, you should speak to a lawyer for further advice. Importantly, compensation is still available for personal injury claims – see section 62(2) of the Major Events Act 2009 (NSW).
- Many Community Legal Centres provide free legal advice and representation, depending on eligibility. To find a community legal centre that may be able to assist you, visit: https://clcs.org.au/legal-help/
- You can also contact Legal Aid in your state or territory for free information, referrals, and possible legal assistance:
ACT: 1300 654 314 (ACT Legal Aid)
NSW: 1300 888 529 (LawAccess NSW)
NT: 1800 019 343 (NT Legal Aid)
QLD: 1300 651 188 (Legal Aid Qld)
SA: 1300 366 424 (Legal Services Commission)
TAS: 1300 366 611 (Tasmania Legal Aid)
VIC: 1300 792 387 (Victoria Legal Aid)
WA: 1300 650 579 (Legal Aid Western Australia)
Aboriginal legal services, such as the Victorian Aboriginal Legal Services and Aboriginal Legal Service (NSW/ACT), may be able to assist First Nations people.
Community Support
- Being arrested and subjected to violence by the police can be traumatic. Offering and accepting help is essential to staying connected and supported.
- Meal deliveries, help with cleaning, support in attending legal or medical appointments, and simply spending time together are essential to individual wellbeing as well as collective connection and resilience.
Additional resources
Australian Human Rights Commission, Explainer: Protest rights in Australia (August 2025)
