Discipline charges were recommended in relation to four files (four allegations). Auditors identified a further four files in which there was no discussion or attachments to indicate that complaint histories had been considered, even though at least one subject officer had a complaint history relevant to the current complaint. IBAC plays a vital role in providing independent oversight of Victoria Police. It follows the Royal Commission into Family Violence, which recommended the Professional Standards Command review Victoria Police's policies and procedures relating to police employees and family . See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. Directory Home Comment on reasons for and/or length of extension. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. 42 VPMG, Complaint management and investigations, section 12.2. twenty-two files involved extensions that were not approved by an officer of sufficient rank contrary to the VPMG requirements, seventeen files involved extensions that were made after the original due date or expiry of the preceding extension contrary to the VPMG requirements. GPO Box 913 Melbourne VIC 3001. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. 18 Originally classified as minor misconduct, criminality or corruption. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. VIC POL STATEMENT 270422. recording an invalid determination in ROCSID, even though the investigator made a valid determination in their final report or vice versa (seven files), using exonerated, unfounded and not substantiated interchangeably (four files). The elements of professionalisation which underpin PRSB strategic direction and projects are: A body of policing knowledge which members contribute to and engage with through continuing professional development, sharing knowledge, techniques and research. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. Were the final determinations appropriate? 45 Percentages may not add to 100 due to rounding. That file contained two conflict of interest forms: one completed by the initial investigator who noted that he supervised the subject officer for two years (resulting in the file being reallocated), and one completed by the investigator who completed the matter, and who noted that he did not have any conflicts. This represents five per cent of all files in the audit and 25 per cent of the 12 files that resulted in at least one substantiated determination. Tasmania Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, reported an average substantiation rate of 16 per cent for the 1,010 allegations finalised over 2013-15, p 8. Accurate records are essential for accountability and data analysis. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. 48 VPMG, Complaint management and investigations, section 12.3. 15 The lack of an identifiable subject officer should not preclude an investigation; however, for the purpose of the audit these two criteria were used to identify matters that should have been classified as C2-1, C3-2, C3-3 or C3-4 complaints from the outset. Read the stories of successful career mobility, All categories of decisions that can be reviewed, Information about Enterprise Agreement Disputes, Community of Practice for Ethics Education, Find out what we do and how to get involved. However, most if not all PSC investigators have worked in other areas of Victoria Police. In that matter the complainant sought compensation for property damage during the execution of a search warrant, and alleged that female occupants were not allowed to cover up at the time of entry, in accordance with their religious beliefs. 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). The review identified options and recommendations for improvements to Victoria Police practice and policies. liaison with the Department of Health and Human Services (DHHS) about possible immediate risks concerning young people. IBAC recommends that Victoria Police: 75 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. Does the audit officer agree that this period of extension/suspension was approved? 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. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . This is not the case. IBACs 2016 audit of complaint handling at the regional level found that: The 2016 report also noted that Victoria Police undertook a review in 2012 which recommended that the system of determinations should be simplified to two possible findings, namely case to answer and no case to answer, noting that the current system of determinations can cause confusion and anxiety among officers. Do the determinations in ROCSID reflect those in the final report and final letters? As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. It would have been prudent for Victoria Police to circulate the organisational learnings identified by this investigator to assist other commands to identify and manage similar situations. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. This includes working to deter and investigate employees involved in criminality or misconduct. However, in response to recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised that complaint histories for members involved are now attached to all complaint files forwarded to investigators. https://www.vic.gov.au/privacy.html, Copyright Notice: Does the investigator have a relevant complaint history in ROCSID which could affect their ability to investigate this matter? This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. If yes: Did the supervisor identify the need for further work? Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. five complaints with minor shortcomings in the evidence considered. 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. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. The victim admitted the burglary occurred the day after he hosted a two-day party at which cocaine and speed had been used, suggesting the offenders may have been looking for drugs. Admonishment notices are intended to be used when there is a minor breach of discipline and may be issued by a supervisor or a PSC investigator. 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. Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. If IBAC is not notified of complaints, this has the potential to limit IBACs capacity to oversight PSC files, monitor trends in complaints against police and identify Victoria Police officers attracting disproportionately high numbers of complaints. Auditors also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22). A statement from a spokesperson for Victoria Police: Professional Standards Command (PSC) and Victoria Police's Legal Services Department have commenced an investigation into potential issues regarding the compilation of affidavits. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. 66 This matter was ultimately classified as a work file. The IMG notes that where investigations reveal and recommend discipline action investigators should consult the DAU to establish the requirements in proving the alleged breach [noting that] consultation at the earliest opportunity is essential for expedient resolution.51. nine per cent of files had at least one allegation with a determination of substantiated. 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. One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers complaint histories, including 14 files that discussed those histories in some way. 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. Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. 69 VPMG, Complaint management and investigations, section 6.6. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. This includes working to deter and investigate employees involved in criminality or misconduct. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . Of these 64 files, 59 were audited.2 Hard copy files were audited and, where relevant, IBAC examined information stored on Victoria Police's Register of Complaints, Serious Incidents and Discipline (ROCSID) and Interpose, Victoria Police's investigation, intelligence and registry management system. Was a formal investigation plan prepared from the outset? The guidelines state the request for extension and the approval must be attached to the file.67 PSCs standard operating procedures state that extension requests, approvals and rejections must be recorded in ROCSID.68. When the PSC receives a complaint, the complaint is triaged (i.e. On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). State Government of Victoria Victoria Police provides policing services to the Victorian community across 54 Police Service Areas (PSAs), within 21 divisions and four regions - North West Metro, Southern Metro, Eastern and Western. Identify and report on risk across multiple data sets. In total, 12 subject officers were criminally interviewed. Each unit serves specific functions and has unique responsibilities within Tempe PD. In these matters it is assumed that the complainant is not personally aggrieved. Describe the charges laid (or recommended by the investigator, DAU or OPP if not pursued), Outcome of disciplinary and/or criminal proceedings (or details of how decision was reached if charges were not pursued). It is not part of the statutory discipline regime and is an alternative to the formal discipline process. A good complaint handling process must be transparent. This included extensions sought and granted: Based on the available information, auditors considered that 22 files involving extensions were not approved by a sufficiently ranked officer as required in the VPMG: Auditors also noted that 17 files involved extension applications that were not made before the original due date or preceding extension expired as discussed in case studies 31 and 32. 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. Auditors disagreed with the decision to reclassify the C3-3 file as a C1-0, noting that this conflicts directly with the instructions in PSCs SOPs which state that if a matter was originally a C3-2 matter but was unfounded or untrue, the matter still remains a C3-2 and should be finalised accordingly.20. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. PSC investigators have been required to manage their complaint investigations on Interpose since 2006. detailed plans that identified possible lines of inquiry, investigation strategies, resource requirements, persons of interest and risks (five files), very basic information entered into the Interpose planning tab for instance, one file did not identify any strategies or lines of inquiry beyond stating that it was an intelligence probe; another only identified one objective and one strategy (five files). However, only 20 per cent of the files audited contained a formal investigation plan. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. Family violence or sexual offences perpetrated by a Victoria Police employee; About. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. a significant number of total complaints (four files). 58 VPMG, Complaint management and investigations, section 12.3. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. This recommendation was supported by the DAU and a discipline charge notice was prepared in relation to conduct likely to bring Victoria Police into disrepute. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. History Background. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). Auditors considered that evidence was only partially considered in five complaints. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. It also stated that with the creation of Taskforce Salus, the publishing of the VEOHRC Review [into sex discrimination and sexual harassment in Victoria Police] and the establishment of the VEOHRC Review Engagement Team, Victoria Police has made significant advances in its approach to preventing and responding to issues of sexually inappropriate behaviour. The unit is a part of professional standards command, the Victoria . All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. 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. Was a conflict of interest otherwise identified by Victoria Police? A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. The Professional Standards Bureau contains a variety specialized units. A complaint was later made alleging the subject officer relayed that information to her partner. spraying a woman with capsicum foam to bring about compliance during an eviction. While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. As a result of recommendations IBAC made in the 2016 audit, Victoria Police advised it will consider making it a requirement that any workplace guidance is recorded on a subject officers professional development and assessment plan (PDA). Unfortunately, PSCs handling of the matters outlined above suggests that Victoria Police does not sufficiently value employees who identify issues or make complaints about colleagues by failing to sufficiently: Indeed, in both matters investigators were at pains to note that the police victim declined to make a complaint and only provided investigators with details when directed to do so, perhaps perpetuating the idea that a good police officer only reports the poor conduct of others when required to do so. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. Of the 27 files classified as work files (C1-0), auditors considered that: Consideration of complaint histories was inconsistent across the files included in the audit. In one file audited by IBAC, the investigator identified this drug testing of specific work units as an organisational issue, noting that RSD is responsible for maintaining the security and integrity of all criminal records and warrant documentation, and that an employee with a substance abuse issue could be compromised, thus creating a significant security risk for Victoria Police. This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. there is sufficient evidence to charge the complainant with making a false report to police. For information on reporting options and support available for victim survivors, visit our Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. While these requirements only appear to apply to criminal investigations, it would be prudent to prepare a plan for all of the serious and complex matters that make up most of PSCs investigations. In the course of preparing criminal charges against a subject officer for obscene exposure, PSC identified a separate sexual harassment issue, created a separate work file and undertook preliminary enquiries to identify relevant victims and complainants. 10 Victoria Police 2015, Integrity Management Guide, paragraph 1. lessening public confidence in Victoria Police, or. Were interviews with subject officers conducted at the end of the investigation? The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Phone: 1300 363 101 . IBACs 2016 audit of complaint handling at the regional level noted the importance of ensuring that investigators are of a more senior rank to subject officers. While PSC may be physically removed from other areas of Victoria Police, its officers are not immune from potential conflicts of interest. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. What evidence was or should have been considered? one complaint of criminality not connected to duty (C3-3) that was reclassified as a work file on closure on the basis that PSC wished to retain the allegation for intelligence without alerting the subject officer to the complaint. Once classified, the PCU creates a file and enters preliminary details in ROCSID. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. Reasons for disagreeing fell into three main categories, namely failure to: Failure to list identifiable subject officers can result in allegations not being properly investigated, as highlighted in case study 7. Auditors disagreed with the recommended action in nine files (15 per cent) on the basis that: In the following case study, an admonishment notice was issued for conduct that IBAC auditors considered to warrant a discipline charge. This was also noted in IBACs 2016 audit of how Victoria Police handles complaints at the regional level. Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. The matter was thoroughly investigated by PSC and ultimately identified six instances of sexual harassment which resulted in the approval of a DCN by the Assistant Commissioner PSC. This decision effectively circumvented the requirement to consult with the OPP. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. Comment on final letter or advice to the complainant. All of which . 67 VPMG, Complaint management and investigations, section 6.6.