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This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. One involved allegations of sexual harassment. Controls were put in place to maximise consistency in the audit process. Analysis of trends and patterns relies on complete and correct data. While there is no record of the DAUs assessment of the brief, a file note from the Assistant Commissioners staff officer to the DAU indicates that the Assistant Commissioner reviewed the investigation file[and] after considering the facts and actions of [the subject officer] he has deemed that an admonishment is appropriate in the circumstances. Workplace guidance was provided in relation to five files (nine allegations). The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. Professional Standards Command - Fitzroy Legal Service Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Was advice sought from the DAU or the OPP? The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. To give effect to those provisions, the IMG states that Victoria Police has an obligation to comply with the Charter in its day-to-day operations as well as in the handling of complaints. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. The Professional Standards Division was established under the Victoria Police Act 2013: to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for police officers, protective services officers and police reservists. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. In terms of ongoing supervision, the IMG states that a progress report must be submitted to the investigation manager on a monthly basis along with a summary of the action required to complete the file.40. In 32 files (54 per cent), the primary complainant was external to Victoria Police. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. This included files where a subject officers complaint history included: In four of these 17 files, auditors were not able to identify notes or other evidence on the file to indicate that complaint histories had been considered. Victoria Police | Contacts & Services Directory 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. a sergeant who had a proven discipline charge (from 2009) and a recent substantiated determination for predatory behaviour (from 2016). If no: What was the reason for the lack of contact? The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed consistent with section 127(2) of the Victoria Police Act. In an attempt to identify the subject officer the PSC investigator: Based on the available information, the investigator compiled photo boards of possible suspects as they would have appeared at the time of the incident. For example, in one matter where a criminal association was alleged, the investigator only considered seven days of call charge records before concluding that there was no contact between the subject officer and the alleged associate. While not relevant to any particular file investigated, auditors identified three PSC investigators with complaint histories that raised general probity issues, including: Given PSCs role investigating the conduct of Victoria Police officers, its investigators should be of excellent character to ensure that complainants, subject officers and others have confidence in the process. This complaint was classified as a work file. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. 12 Forty-six allegations (39 per cent) were characterised as malfeasance (including drug offences, criminal associations and pervert the course of justice allegations), 31 allegations (26 per cent) were characterised as assault (including serious and minor assaults) and 14 allegations (11 per cent) were characterised as duty failure. The decision to allocate a matter to PSCs Investigations Division is guided by the Professional Standards Command Accountability and Resource Model (PSC ARM).9 Under the PSC ARM the Category 1 matters for which PSC has primacy are identified as: Relevant Victoria Police policies and procedures are outlined in this report in relation to specific issues considered as part of IBACs audit. In recommending discipline charges, the DAU officer noted that CCTV showed the intoxicated subject officer: The DAU concluded that the CCTV footage shows the amount of force used by [the subject officer] was disproportionate to any threat posed by [the other party] and [the subject officers] actions could have resulted in [the other party] sustaining serious head injuries. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. discipline charges recommended by the DAU and/or investigators were downgraded by the Assistant Commissioner PSC in circumstances where there was a prima facie case to answer (two files). pursue available lines of inquiry to identify relevant subject officers in matters where no subject officers were listed in the investigation or ROCSID (five files). 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. ; File a Police Report Online. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. the minimum level of professionalism required by both members, the impact of their personal lives upon other members working at the station, consequences of any identified breaches of discipline or legislation (ie workplace bullying), welfare and counselling services available, negotiation by consent for a short-term transfer to neighbouring stations to mitigate any ongoing workplace tension, relevant PDA entries for both parties outlining the minimum professional standards required from sworn members both on and off duty without reference to their personal circumstance linked to a performance discussion. Some of these files were managed locally. Victoria Police 'ownership' of professional standards and integrity Australia Covid-19: More than 40 Victoria Police staff could be fired However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. While Interpose includes an investigation plan tab, only five files used that tab (to prepare basic plans), while a further six had uploaded some other planning documents in Interpose. For the purpose of this audit, a formal investigation plan was considered to include any documents or information on the file that could be interpreted as formal pre-planning for the investigation. Professional Standards Command - Capability | Victorian Government Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. Complaints provide an important opportunity to identify problems of a systemic nature. Comment on final determinations that are not considered appropriate. At the conclusion of his investigation, the PSC investigator noted that station managements failure to intervene adversely affected morale at the station as well as the divisions service delivery. When the PSC receives a complaint, the complaint is triaged (i.e. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. These changes include undertaking a wide-ranging review of its complaint handling and discipline system as part of the response to VEOHRCs 2015 report on sex discrimination and sexual harassment in Victoria Police. Audit of complaints investigated by Professional Standards Command ROCSID categorises an officers involvement in a complaint in two ways: At present Victoria Police does not have a formal policy to determine when complaint histories should be considered. Attempted to int[ercept] solo lost sight of same whilst requesting assist. PSC is comprised of the following five divisions: Conduct and Professional Standards Division is the 'front door' for PSC and consists of three units: For further information about making a complaint, visit our complaints page. Victoria Police hiring Human Resource and Governance Consultant in In the second matter, PSC investigated an allegation of multiple assaults following a police work Christmas party that had progressed to another venue. Master of Arts (MA) with distinction in criminology and criminal justice from the University of the Fraser Valley focusing on BC municipal police deviance, misconduct, and corruption. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. However, most if not all PSC investigators have worked in other areas of Victoria Police. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. To ensure that a criminal prosecution is not compromised by disciplinary proceedings, section 127(2) of the Victoria Police Act provides that Victoria Police must consult with the OPP before charging an officer with a breach of discipline if Victoria Police reasonably believes that the officer has committed a reportable offence (as described in Schedule 4 of the Victoria Police Act).49, Reviews of police complaint handling in Tasmania and NSW note that the more serious an allegation is, the more important it is to ensure that the investigation is handled independently and that independent advice is sought. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. IBAC has made recommendations for Victoria Police to improve the way in which PSC investigates complaints. Professional Standards Operations Monitoring Centre. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. 2 Victoria Police Professional Standards Command, 2.2 Legislation and policies relating to Victoria Police complaints and investigations, 3.1.2 Characterisation of allegations and classification, 3.1.4 Identification of police officers who are the subject of the complaint, 3.3.5 Outcome advice to complainants and subject officers, 3.4.2 Registration, classification and allocation. 'Held to justice': Father of man at centre of dramatic arrest wants If workplace guidance or admon this arguably jumps the need for consult. This process should ensure IBAC is notified of all work files. The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. However, the higher substantiation rate for allegations investigated by PSC may be due in part to the fact that matters retained by PSC for investigation are more likely to result in charges or other discipline action if substantiated. The VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. We will verify the details you have sent, and correct the record if necessary. The draft key findings were provided to Victoria Police, with a full draft of the report provided to the Deputy Commissioner Capability to confirm factual accuracy. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . These matters suggest that clearer guidance may be required to ensure that, in accordance with section 127(2), Victoria Police consults with the OPP where there is sufficient information for the Chief Commissioner to form a reasonable belief that the subject officer has committed a reportable offence before taking any discipline or lower level managerial action. Comment on number and/or identification of members complained against, Subject officers complaint histories attached. https://www.vic.gov.au/copyright.html, Disclaimer Notice: The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. Of the 46 files that formally identified subject officers, 22 had attached a copy of a final outcome letter to the subject officers (48 per cent), however three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. 62 VPMG, Complaint management and investigations, section 6.1. A good complaint handling process must be transparent. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. The audit scope included all files classified as work files (C1-0) or corruption complaints (C3-4) as well as any other files that included an allegation of assault investigated and closed by PSC during the 2015/16 financial year. Police Complaints Links & Resources - Police Accountability The unit is a part of professional standards command, the Victoria . The audit identified seven complaints (12 per cent) in which a supervisor noted that further consideration was required in relation to: In an additional three complaints, senior officers noted the need to provide advice to relevant parties, including the complainant, other work units or other agencies. Comment on final letter or advice to the complainant. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? Figure 1 outlines the audited files by classification upon closure. The majority of complaints are referred to the regions, departments or commands for investigation. Local management made enquiries with the victims (who all confirmed the inappropriate behaviour but declined to make a formal complaint or provide statements) and the subject officer (who made admissions). For instance, one file raised concerns about an officer driving under the influence of alcohol. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. For instance, the NSW Police Force Complaint Handling Guidelines state that each finding will need to be determined on the balance of probabilities (civil standard of proof). A complaint alleged that an officer was detected riding his motorbike recklessly, noting that senior management were aware of the incident but did not take any action because they do not want the intercepting sergeant to be charged for failing to charge [the rider] and giving false information to communications. a sergeant who had two proven discipline charges (albeit from 1998 and 2007), a sergeant who was the subject of a rape allegation in 2009 (which was withdrawn) and two substantiated determinations, including one for indecent sexual behaviour with a junior officer in a public place, which resulted in a proven discipline charge. Were all relevant subject officers contacted? That is not to suggest that the investigators complaint history adversely affected his investigation of this file. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. . a local area commander (generally an inspector or higher) for a first extension of up to 30 days. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. The investigation report contained details of the intercepting sergeants: In a statement, the sergeant stated the rider observed the police vehicle and immediately indicated I then cancelled the [request for assistance] as I identified the rider to be [the subject officer]. It is understood Victoria Police is committed to a significant simplification of determinations. Although these should have been included, they were not likely to alter the determination. This included: In 15 complaints, auditors found that key evidence relevant to the allegation was not considered, including LEAP records, CCTV footage, email or internet audits, and targeted drug tests. 70 VPMG, Complaint management and investigations, section 6.7. sufficient evidence to substantiate an allegation in circumstances where determinations of not proceeded with, withdrawn, unable to determine or not substantiated were reached (four files), as discussed in case study 16. highlighted significant doubts that the subject officer would loan his personal riding gear to an unknown person, noted that the officers address was not part of the advertisements, meaning that the rider must have contacted the officer to arrange a test drive. The audit aimed to assess how the most serious complaints are handled by PSC. Taking into account approved extensions, the audit identified 15 files that were delayed. maintain the ethical health of the workforce and reduce ethical risks and workplace harm. More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. The IMG states that PSC investigators must maintain an Interpose log detailing the status and progress of a criminal investigation and use ROCSID for monthly reporting purposes.27 The IMG notes that time spent on planning is never wasted and every aspect of the investigation must be carefully considered in the first instance and states that a detailed investigation plan should be prepared and submitted to the relevant manager for approval of all investigations.28. 47 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, p 8 in relation to the 1,010 allegations finalised over the three years from 2013 to 2015. This checklist is completed by the unit manager on closure. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. The VPMG allow extensions in certain circumstances. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. 17 Originally classified as work files, correspondence or management intervention files. Your duties will include: Run reports and prepare briefings. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). 73 Note that the 451-day extension was approved by the then acting Assistant Commissioner PSC, noting that the file had been allocated to an investigator after the due date. However, targeted drug and alcohol tests could not be conducted because the employees worked in Record Services Division (RSD). Recognising that PSC investigates the more serious complaints including allegations of serious misconduct and corruption, IBACs audit of a sample of investigations conducted by PSC in 2015/16 was undertaken to examine how Victoria Police handles these more serious complaint allegations. Does the final report identify any policy or procedural issues? Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. Police professionalisation | Police Registration & Services Board Victoria It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. The VPM complaint management and investigations guidelines states: It is a requirement of the Victims Charter Act that complainants and members of the public who are directly involved in an incident are: The last point reflects the requirements of section 172 of the Victoria Police Act, which states that the Chief Commissioner must in writing advise the complainant of the results of the investigation and the action taken or proposed to be taken unless it would be contrary to the public interest.