Victoria police will investigate social media posts by an officer who allegedly boasted that his son was part of a neo-Nazi rally at Parliament House in March.
But police command has said they will not investigate officers’ failure to stop the rally.
Victorian police copped criticism after they stood idly by while a group of men performing the Nazi salute gate crashed a Let Women Speak rally outside the Victorian Parliament earlier this year.
That an officer was now under investigation for using social media to say he was proud of his son’s participation in the Nazi display has added to concern police were complicit.
Criminal barrister Remy van de Wiel, KC, has written to Police Commissioner Shane Patton threatening legal action over failure to stop the salute.
Van de Wiel, writing on behalf of a client, alleges the police failed to stop a “hate act”.
His client also claims that footage of the protest showed the “painful reality that Victoria Police officers were not mere spectators; rather encouraged, authorised and/or assisted the neo-Nazis.”
Van de Wiel told the Herald Sun that police made a commitment in 2008 to report racially or religiously motivated incidents and determine whether offences had been committed.
The commitment, made by Chief Commissioner Christine Nixon, meant would provisions in the Racial and Religious Tolerance Act and Equal Opportunity Act to protect Victorians from unlawful conduct would be enforced by poice.
Victoria Police confirmed they had initiated an investigation into an officer’s “inappropriate use of social media”.
They said there would be no investigation into why officers failed to stop the rally.
“Victoria Police aims to provide responses to complaints within three months,” a spokesman said.
Van d Wiel’s client said they were “taken by complete surprise” to learn police had ruled out investigating the alleged failure.