Controls were put in place to maximise consistency in the audit process. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. Professional standards | Australian Federal Police 22 Victoria Police Act 2013, s 169(2) and (3) in relation to misconduct and the Independent Broad-based Anti-corruption Commission Act 2011, s 57(2) and (3) in relation to corrupt conduct or police personnel misconduct. Your Duties Will Include. While it is not always possible to identify the relevant police officers, investigators should take reasonable steps to pursue available lines of inquiry. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. Figure 6 summarises the determinations reached in the 59 files audited. 29 Victoria Police Act ss 126, 127 and 135. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). IBAC auditors were not able to locate formal written advice on four of the 11 files that contained some indication that advice had been sought from the Discipline Advisory Unit (DAU). At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. Of the 26 files in which a contactable complainant was identified, 14 had attached a copy of a final outcome letter to the complainants (54 per cent). 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. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. 46 NSW Police Force 2016, Annual Report 2015/16 reported a 16.67 per cent substantiation rate for the 8,340 allegations made against police officers in the 2015-16 financial year, p 95. Victoria Police - Human Resource and Governance Consultant 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. As part of that review, it would be prudent for PSC to consider its own recruitment processes including the checks undertaken and criteria applied when recruiting new investigators to PSC to ensure that PSC employs staff of the highest integrity. The Intelligence, Innovation and Risk Division supports PSC in promoting a culture of high ethical standards throughout the organisation by: Support Services Division provides a range of tactical support to PSC Investigations Division. Was all relevant documentation included in the file? for other questionable reasons, such as loss of the file (two files). Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. 26 VPMP, Complaints and discipline, section 6.2. Corporate and Regulatory Services. Reasons for decisions are easier to explain when all the details are maintained on file. IBAC acknowledges that Victoria Police is reviewing its complaint handling and discipline system as part of its response to the Victorian Equal Opportunity and Human Rights Commission Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police. Does the audit officer agree with the number of allegations? rosters to confirm who was working at the time of the incident. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . Professional Standards Command is investigating the incident, Victoria Police said. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. Specific allegations are not identified or highlighted by the PCU. Of the 46 files that formally identified at least one subject officer, 11 files (24 per cent) were investigated by an officer who was not of an appropriately higher rank than at least some of the subject officers. 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. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. In terms of oversight, documentation is the primary way IBAC can assess the extent to which Victoria Police appropriately identifies and manages conflicts of interest. IBAC acknowledges that Victoria Police is undertaking a comprehensive review of the current drug testing regime and has identified the need to review high risk areas within designated workplaces.60. Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). 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. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. While requests and approvals were not attached to 14 files (61 per cent), auditors noted that based on the information available on the file and in ROCSID: When approved extension periods were taken into consideration (regardless of whether auditors agreed with the reasons or the process followed), the audit identified 15 files (25 per cent) that were delayed beyond agreed time frames. According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. Complaints - Victoria Police This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. A total of seven allegations were listed on the file including assault (serious) striking fist, malfeasance threats to kill and multiple allegations of malfeasance pervert justice interference in investigation. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. This issue is discussed further in section 3.3.3.3. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. We will verify the details you have sent, and correct the record if necessary. This checklist is completed by the unit manager on closure. The determination was ultimately changed from exonerated to not substantiated. However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. Comment on policy or procedural issues that were or should have been identified. fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. The review will consider the design of the Victorian police oversight system, including: the external oversight of police's use of significant powers by independent integrity agencies. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. Professional Standards Command - Fitzroy Legal Service The PSC investigator verified that the three incidents involved: As a result, one allegation of pervert the course of justice was recorded in ROCSID against each police officer in relation to their attempts to avoid the speeding fine and the breath test. This included: If Victoria Police concludes that an allegation cannot be proven based on the available information, but suspects that there may be some substance to the allegation, a valid determination (such as unable to determine) should be made. 63 VPMG, Complaint management and investigations, section 6.2. Our focus is on preventing corrupt behaviours involving police employees. Victoria Police command welcomed the introduction of the Victorian Human Rights and Responsibilities Act in 2006 and have been driving a substantial part of this positive cultural change with new training emphasising human rights, new command structures, and new ethical, human rights and anti-discrimination guidelines and policies. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. suspension with and without pay in relation to four subject officers, revocation of an officers ROCSID access in response to an allegation of inappropriately accessing and releasing information about complaints, liaison with mental health services about a complainants welfare before seeking a formal statement to progress a complaint. While it is possible that investigation plans were prepared but saved elsewhere by the investigator, plans should be saved in Interpose or placed on the file and reviewed regularly. Given the pivotal role of DAU advice in determining the action that will be taken in relation to a subject officer, details of the request and advice provided should be clearly documented and attached to each file. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. similar allegations in the recent past (10 files), similar allegations in recent times and another complaint that was currently open (three files). 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. Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. To address this, the investigator suggested that: At the earliest opportunity when the personal relationship breakdown was identified by management, a plan should have been implemented and conveyed to both parties outlining: Relationship breakdowns between married colleagues are not uncommon and Victoria Police is likely to encounter similar issues in future. The unit is a part of professional standards command, the Victoria . This process should ensure IBAC is notified of all work files. Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. This included six complaints that were upgraded to a corruption or criminality classification17 and four files that were downgraded to a work file.18, The PSC Conduct and Professional Standards Division Standard Operating Procedures (SOPs) state a complaint should not be reclassified unless an investigation reveals a different allegation or the allegation has been changed by the complainant.19. High quality education and training qualifications and programs. This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC. Victoria Police officers suspended after CBD pursuit In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. In each of those files auditors found that a determination of unable to determine or not proceeded with would more accurately reflect the investigation findings. 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. Victoria Police | Contacts & Services Directory The issue was first raised by Victoria Police employees and was promptly referred to . Comment on reasons for and/or length of extension. . That report made recommendations in relation to Victoria Polices oversight and investigation of serious incidents including deaths or serious injuries that followed contact with police. 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. Were interviews with subject officers conducted at the end of the investigation? This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. Professional Standards Command. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. Did the complaint give rise to any risks that warranted immediate action? https://www.vic.gov.au/privacy.html, Copyright Notice: However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. In total, 12 subject officers were criminally interviewed. While one file may have recorded a determination of not finalised in error, 13 work files recorded a determination of for intelligence purposes, suggesting this is not a one-off administrative error. Were the final determinations appropriate? The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. Overall, 56 per cent of files (72 per cent of allegations) resulted in no action,52 while a further 24 per cent of files (12 per cent of allegations) resulted in the matter being filed as intelligence.53. Auditors noted that a number of files audited suggested that Victoria Police has strengthened its approach in investigations of allegations of sexual harassment and sexual assault. Auditors identified issues with the information recorded in ROCSID in relation to 19 files. 17 Originally classified as work files, correspondence or management intervention files. 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 . 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. However some investigators had complaint histories that raised general probity concerns which PSC may wish to consider, to ensure its staff and practices are beyond reproach and have the confidence of complainants, subject officers and the general public. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. for no documented reason (that is, there were no extension requests on the file and ROCSID either records the reason for the extension as admin requirement or as per monthly review or does not contain any reasons) (eight files), after the investigation report had been signed off and/or subject officer has been advised of the outcome (four files), because the investigator was on leave (three files). This was also noted in IBACs 2016 audit of how Victoria Police handles complaints at the regional level. Auditors considered that evidence was only partially considered in five complaints. Comment on human rights issues that were or should have been addressed. committing an offence which carries a jail term. This included files that: Examples of human rights issues that should have been addressed but were not, included: These observations were consistent with IBACs 2016 regional audit and 2018 audit of oversight files. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. The VPM complaints and discipline policy requires investigators to be aware of impartiality issues and provides guidance around how to respond to conflicts of interest.26. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. IBAC Insights provides quarterly updates, analysis and commentary, Follow us for the latest on our investigations, research and events, Information for Public interest Disclosure Coordinators, Discipline Advisory Unit (Victoria Police), Independent Broad-based Anti-corruption Commission, Victoria Police investigation, intelligence and registry management system, Law Enforcement Assistance Program (a Victoria Police database), Victoria Police professional development and assessment plan, Professional Standards Command (Victoria Police), An offence referred to in Schedule 4 of the Victoria Police Act, Register of Complaints, Serious Incidents and Discipline (a Victoria Police database), Victorian Equal Opportunity and Human Rights Commission, a matter uncovered during an investigation not forming part of the complaint laid (such as a failure to complete an official document), requiring remedial action, the weight of available evidence does not support the account of events as described by the complainant, but is weighted in favour of the account given by the employee Unable to determine the available evidence does not permit the investigator to establish whether the complaint is true or not, the complaint is not proceeded with, due to the unwillingness of the complainant to supply information but is unwilling to withdraw the complaint, or there is some other reason for being unable to take the complaint further, a complainant having made a formal complaint, of their own volition makes a request that the complaint investigation cease, a query or complaint by a person that is subsequently found to be an action sanctioned by law, or a complaint lodged by a third party which is denied by the alleged victim who has no complaint to make, the available evidence clearly establishes that there are no grounds for the complaint whatsoever, the evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame. spraying a woman with capsicum foam to bring about compliance during an eviction. 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. Five IBAC officers undertook the auditing process. 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. three hundred and thirty-five days after receipt, and, 124 days after the investigators report was marked as completed in ROCSID, seven hundred and thirty days after receipt, at which point the investigators report was marked as completed in ROCSID. Each file was examined against an audit tool to assess the adequacy of PSCs management of the complaint3 covering five broad areas: IBACs Assessment and Review area reviews selected Victoria Police complaints based on similar criteria. Contact was made with all relevant complainants in the majority of files (22 of 26 files, or 85 per cent) where a contactable complainant was identified. Was the choice of investigator appropriate? 2 Victoria Police Professional Standards Command 10 2.1 Introduction 10 2.2 Legislation and policies relating to Victoria Police complaints and investigations 11 2.3 Previous IBAC audits 12 3 Findings from the PSC audit 13 3.1 Pre-investigation process 13 3.1.1 Key findings 13 3.1.2 Characterisation of allegations and classification 14