Suing the Police in Tasmania

Expert Legal Representation for Police Misconduct Claims

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6 – 120 Reviews

The O'Brien Advantage

Proven Track Record

We have successfully represented clients in police misconduct cases across Tasmania, securing significant compensation for unlawful arrest, excessive force, false imprisonment, and assault. Our experience with Tasmania Police operations and Tasmanian courts ensures we understand the unique challenges of these cases and how to achieve justice for our clients.

Extensive Legal Expertise

Our civil lawyers have extensive knowledge of the Tasmania Police Manual procedures, body-worn camera protocols, and complaint management processes under the Police Service Act 2003. This expertise allows us to identify breaches of proper procedure and build compelling cases against police misconduct in Tasmania.

Statewide Representation

We serve clients across Tasmania including Hobart, Launceston, Devonport, and Burnie. Whether your incident occurred in a metropolitan area or regional Tasmania, our civil litigation lawyers have the experience to handle your case effectively in the Magistrates Court or Supreme Court of Tasmania.

No Win, No Fee*

We offer a no win, no fee arrangement for eligible police misconduct cases in Tasmania. This means you can access expert legal representation without financial risk or upfront costs. You only pay legal fees if we successfully secure compensation for you.

Types of Police Misconduct We Handle in Tasmania

UNLAWFUL ARREST & FALSE IMPRISONMENT

We represent clients who have been arrested without proper legal grounds. If you were detained by police without reasonable cause or lawful authority, you may be entitled to compensation for the violation of your rights.

EXCESSIVE FORCE & POLICE BRUTALITY

Police officers in Tasmania are only permitted to use reasonable force necessary for the circumstances. Excessive force, aggressive restraint techniques, physical assault during arrest, or injuries sustained in custody may constitute police brutality. Our civil lawyers fight for compensation when Tasmania Police use disproportionate or unnecessary force.

MALICIOUS PROSECUTION

Police are only permitted to use reasonable force in specific circumstances. We represent victims of police brutality, excessive force, and assault, including cases involving physical violence, tasers, pepper spray, or other weapons.

UNLAWFUL SEARCH & SEIZURE

Tasmania Police must follow strict legal procedures when searching your property or vehicle. Searches conducted without proper warrants, exceeding the scope of search authority, or involving unauthorised entry to your premises may be unlawful. We pursue compensation for illegal searches and property seizures by Tasmania Police.

ASSAULT & BATTERY BY POLICE

Physical attacks, unnecessary violence, or abuse of power by Tasmania Police officers during interactions or arrests constitute assault and battery. Our civil litigation lawyers represent victims of police violence, ensuring officers are held accountable for their actions.

WRONGFUL IMPRISONMENT

Extended detention without charge, denial of bail rights without proper justification, or improper custody conditions may constitute wrongful imprisonment. We fight for clients who have been unlawfully held in custody by Tasmania Police.

The Police Action Claims Process in Tasmania

At O’Brien Criminal and Civil Solicitors, our civil law team understands the urgency of securing justice and compensation against Tasmania Police. However, suing the police can be a complex and lengthy process, so here are some ways we can help you:

Investigating Claims

We meticulously gather evidence including body-worn camera footage, witness statements, medical records, and Tasmania Police documentation to build a strong case.

Strategic Negotiation

Our experienced lawyers engage in strategic negotiations with the State of Tasmania to secure fair compensation without the need for lengthy court proceedings.

Litigating in Court Proceedings

When settlement isn't possible, we provide robust representation in the Magistrates Court or Supreme Court of Tasmania, fighting tirelessly to achieve the best outcome.

We Also Help Clients Sue the Police Across Australia

Our civil litigation lawyers represent clients in police misconduct claims across all Australian states and territories, providing the same expert representation and no win, no fee arrangements nationwide.

Meet Our Legal Team

With over a decade of experience, our civil law team has made us one of Australia’s leading civil law firms specialising in police misconduct cases. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated and enthusiastic team has represented clients in court proceedings all over the country, including in the High Court of Australia.

No matter how big or how small your legal matter is against Tasmania Police, our civil litigation lawyers will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.

Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.

The Civil Law Claims Process

1. Free Initial Consultation

If you believe you have a claim against Tasmania Police, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our civil lawyers will assess your legal issue, and use our expertise to explain your legal options, and discuss flexible payment options for civil representation.

2. Investigating & Building Your Case

Your civil lawyer will meticulously gather evidence including body-worn camera footage, witness statements, medical records, and Tasmania Police documentation. We develop a strategic approach, which may involve negotiating with the State of Tasmania or preparing for trial.

3. Communication & Updates

Your lawyer will keep you informed about the progress of your case against Tasmania Police, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.

4. Pursuing a Resolution

Our civil litigation lawyers will work tirelessly to achieve the best possible outcome, whether that involves negotiating a settlement, securing compensation, or representing you in the Magistrates Court or Supreme Court of Tasmania.

Remember: Suing the police is complex and seeking expert legal advice is crucial. Our experienced civil solicitors are here to guide you every step of the way and fight to protect your rights against Tasmania Police.

What to Do if You Need Help from a Civil Compensation Lawyer

If you are seeking justice and court representation for wrongful actions by Tasmania Police, civil law provides a means to hold those responsible accountable. While it may be a complex and lengthy process, we strive to protect your rights. A civil litigation lawyer will build a strong case:

Record Details: Our civil litigation lawyers will advise you to write down everything you remember about the incident with Tasmania Police, including the time, location, police officers involved (names and badge numbers), and any conversations or actions taken.
Collect Evidence: Gather any evidence that supports your claim, such as photographs of injuries, medical records, damage to property, and contact information of any witnesses.

General Tips for All Civil Proceedings

Right to Compensation: You have the right to seek compensation for the harm you have suffered from Tasmania Police misconduct. With our legal representation, you will receive the compensation you deserve.
Legal Guidance: At O'Brien's, our civil litigation lawyers will guide you through the legal process, explain your options, any costs, advocate on your behalf, and provide the best court representation for your case.

Remember: Don’t face this alone. Let the civil law experts at O’Brien Criminal and Civil Solicitors guide you and fight your legal issues against Tasmania Police in court proceedings or mediation. We’ll strive to secure the justice and compensation you deserve by offering practical advice.

Voices of Justice: Client Reviews

Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.

William Spedding

Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter

Mr Garfield

Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.

Ruen Motto

Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!

Daryl Ryan

I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.

Madeline Hayman-Reber

I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!

William Hall

They stick up for the little guy. Keep it up!

Samira Bakhshi

O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

James Supple

O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.

Susan

Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.

John S

As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.

FAQs

What constitutes police misconduct in Tasmania?

Police misconduct is any unlawful, unreasonable, abusive or improper conduct by a police officer, whether on or off duty. This can include:

Excessive force or assault
Wrongful or unlawful arrest
False imprisonment or overholding in custody
Malicious or unfounded charges
Unlawful searches and seizures
Trespass onto property
Breach of duty of care (for example, not providing medical help in custody)
Abuse of authority or discriminatory treatment

In Tasmania, misconduct covers any actions by police that breach your legal rights, go beyond their lawful powers, or seriously depart from professional policing standards.

How long do I have to sue the police in Tasmania?

Time limits are strict in Tasmania, so it’s important to act quickly. In general:

For personal injury (physical or psychological injury), you usually have 3 years from the date of the incident.
For other civil wrongs (for example, some property damage claims), different limitation periods may apply, often up to 6 years.

There are very limited circumstances where time can be extended, so it is crucial to get legal advice as soon as possible rather than waiting to see what happens.

Can I sue Tasmania Police if I was charged with a crime?

Yes. Being charged with an offence does not stop you from suing the police for misconduct. Your civil claim and any criminal case are separate. Many successful civil claims involve situations where:

Charges were later withdrawn or dismissed
You were found not guilty
You accepted a minor plea, but police conduct was still unlawful or excessive

Even if your criminal case is ongoing, you can still get advice about a potential civil claim and how the two matters may interact.

What does "no win, no fee" mean for police claims?

“No win, no fee” means you do not pay our professional legal fees unless your case is successful. In practice:

If you win, legal fees are usually paid from the compensation you receive or recovered from the other side.
If you do not win, you generally do not pay our professional fees, though you may still be responsible for out-of-pocket expenses (such as medical reports, court filing fees, or expert opinions).

The exact terms will be set out in your costs agreement, so you know in advance what counts as a “win” and what costs may still apply.

How much compensation can I get for police misconduct in Tasmania?

The amount of compensation depends on the facts of your case. Relevant factors include:

The seriousness of the police conduct
The extent of your physical injuries
Psychological harm (such as anxiety, depression or PTSD)
Loss of income or earning capacity
Out-of-pocket expenses (medical, counselling, travel)
The impact on your reputation and daily life

There is no fixed “standard” payout. Some cases resolve for modest amounts, while more serious matters, especially involving significant injury or long-term psychological harm, can result in much higher compensation. Your solicitor can give a more specific indication after reviewing your circumstances.

Do I sue the police officer personally in Tasmania?

Generally, no. Claims for misconduct are usually brought against the State of Tasmania (as the employer of the police officer), not against the individual officer personally.

Any compensation ordered is paid by the State, not out of the officer’s own pocket.
However, your claim can still lead to internal investigations and potential disciplinary action against the officer involved.

This approach is designed to make sure you can actually recover compensation if your claim succeeds.

Will suing Tasmania Police affect the officer’s job?

A civil lawsuit does not automatically mean an officer will lose their job. However, your case can:

Trigger or contribute to internal reviews or professional standards investigations
Be considered in disciplinary processes
Highlight patterns of behaviour if other complaints exist

The focus of your civil claim is compensation and accountability for what happened to you. Any employment or disciplinary consequences for the officer are dealt with separately by the police and oversight bodies.

What evidence do I need to sue the police in Tasmania?

Strong, well-preserved evidence is critical. Helpful material can include:

Your detailed written account of what happened (dates, times, locations, names, badge numbers)
Witness statements from anyone who saw or heard the incident
Medical records and psychological reports documenting injuries and symptoms
Photographs of injuries, damaged property, and the scene
Police documents such as charge sheets, bail papers, court attendance notices, or custody records
Any available CCTV, mobile phone footage, or body‑worn camera footage
Emails, messages or letters relating to the incident or its aftermath
Your solicitor will guide you on what to gather and can request key documents and footage on your behalf.

Will suing the police make things worse for me?

Many people worry about backlash or being “targeted” if they sue the police. This is understandable, but:

You are legally entitled to bring a claim if police have acted unlawfully.
Retaliation or harassment by police is itself improper and can create further legal issues.
Having an experienced lawyer act as your point of contact helps shield you from direct interactions and protects your rights.

If you have concerns about your safety or ongoing dealings with police, raise them with your solicitor so they can advise you and put safeguards in place where possible.

Civil Law Case Studies

Suing NSW Police for Misconduct: Civil Claim For Unlawful Arrest and Assault

Nicole Byrne
December 12, 2025

Suing NSW police. When NSW Police officers repeatedly violated a Sydney* woman’s rights, through

Suing NSW Police for Excessive Force: Client Assaulted During Mental Health Assessment

Nicole Byrne
December 5, 2025

Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John*

Former Army Apprentice Secures Settlement for Historical Physical Abuse at Balcombe

Nicole Byrne
November 27, 2025

Brutalised by Senior Apprentices, Ignored by Superiors, John* Finally Receives Justice After Abuse at

Case Study: NSW Police Sued for False Imprisonment by Aboriginal Man

Nicole Byrne
November 18, 2025

Our client, Derek*, a young Aboriginal man, successfully sued the State of New South

NSW Supreme Court Strikes Down Anti-Protest Laws in Josh Lees Case

Nicole Byrne
October 30, 2025

In a major legal triumph for civil liberties, the New South Wales Supreme Court

Survivor of Astill Abuse: Justice Secured for Former Inmate of Dillwynia Correctional Centre

Nicole Byrne
October 27, 2025

Our client, Rachel*, has courageously held the State of NSW accountable for the abuse

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