This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. In response, Victoria Police stated the incident in question arose as a result of a lack of judgement without criminal intent on the part of the subject member. The audit examined how effectively complaints involving more serious allegations of police misconduct or corruption concerning Victoria Police officers warranting investigation by PSC are investigated. The total number of identifiable subject officers was 56. However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. 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. only discussed human rights insofar as they related to the conduct of the complaint investigation process and the rights of the subject officer (three files). Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. As part of Victoria Polices roll out of Interpose more broadly to manage complaint investigation files, it would be prudent to provide all investigators with clear guidance on record keeping requirements to ensure consistency in how Interpose is used. 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. 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. Following an off-duty incident, a subject officer was charged with assault by interstate police (charges were later dropped due to the victims reluctance to attend court and the possibility that the court could accept the subject officers claim of self-defence). Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 files. Police Conduct Unit. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. PSC concluded that this was not indicative of a high-risk driving culture within the division. Four files in the audit suggest that recent initiatives adopted by Victoria Police to address issues of predatory behaviour, sexual harassment and bullying are having a positive effect. 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. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. The 62-year-old Staffieri was interviewed by officers from Professional Standards Command on April 26 over a post he made to senior project officer Bonnie Loft, who works with Gender Equality and . The majority of PSC investigations involve situations where the investigator is attached to another unit and is not, therefore, a current colleague of the officer who is the subject of the complaint. 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. 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. The section on Managing investigations discusses investigation management generally and even notes at one point that managers should assess the probable outcome, namely whether criminal or disciplinary charges are contemplated, however the entire section appears under a heading Criminal investigations, suggesting that these requirements are limited to those investigations. rosters to confirm who was working at the time of the incident. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). 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. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. IBAC will now monitor how Victoria Police implements these recommendations. 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. advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. The investigator could have, but did not review: The complaint was closed with a determination of not proceeded with when the complainant failed to attend a pre-arranged meeting with the PSC investigator and a DHHS representative. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. requiring investigation plans to be completed and attached to complaint files, noting that this is particularly relevant for the serious and complex matters that PSC primarily handles, requiring that the official conflict of interest form is completed for all investigation files, noting that PSCs independence from other Victoria Police work areas does not negate the need to identify and manage an investigators actual, potential and/or perceived conflict of interest in relation to a specific matter, reviewing the system of determinations to reduce and simplify determination categories, to help ensure clarity for investigators, complainants and subject officers. In seven of these files, it was stated that contact was not required in relation to a work file. Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . Comment on final letter or advice to the complainant. 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. ; File a Police Report Online. 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. The audit aimed to assess how the most serious complaints are handled by PSC. ensures policy and procedural improvements identified by investigators are formally recorded as recommended action, and implements measures to share those learnings across the organisation. This was also noted in IBACs 2016 audit of how Victoria Police handles complaints at the regional level. a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. It is therefore important that investigations are conducted in a timely manner. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. If no: Reason for disagreeing with reclassification. 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. An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit. 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. Are outcome letters to subject officers attached to the file? Family violence or sexual offences perpetrated by a Victoria Police employee; About. 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. In these matters it is assumed that the complainant is not personally aggrieved. . 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). Controls were put in place to maximise consistency in the audit process. 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. 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. 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). This audit reiterates the importance of timely and appropriate drug testing. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Tel: 1300 363 101. When the situation escalated, the manager closed the premises for safety reasons. 54 The two files that resulted in workplace guidance without consulting the DAU involved the formal recording of workplace guidance that had occurred four years prior and action that was changed at the request of IBAC. While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). IBAC also undertakes a range of other independent oversight activities. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. Effective communication with relevant parties is an essential part of any investigation. If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. In two of those files, specific officers were mentioned (without noting that they could be witnesses), while the third file noted that the incident occurred at a police function where attendees could have been identified, but were not. Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). Auditors noted that an investigator could then recommend that the matter be filed for intelligence if the content was considered to be of value for intelligence purposes. Comment on action taken in relation to identified policy or procedural issues. Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. Were all relevant subject officers contacted? Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. Auditors also disagreed with determinations made by PSC in 10 files (17 per cent) on the basis that there was either: The following case study provides an example of a matter where PSC reached a conclusion of unable to determine which was disputed by IBAC auditors. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. This included four complaints in which a targeted DAT was proposed by the investigator but not approved. Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. observed that the actual purchaser had already paid a deposit, denied sending someone to test drive the motorbike the day before he picked it up, adding that he would be upset if the subject officer let someone else test drive the motorbike after taking his deposit. 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. 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 particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. The audit identified only one file where the investigators complaint history suggested a pattern of issues relevant to the file they were investigating. The audit identified 34 complaints that involved at least one relevant civilian witness. 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. seven of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected to duty (C2-1, C3-2 and C3-3) (41 per cent) were completed within the 90-day time frame, while 10 (59 per cent) took more than 90 days to complete. . This includes working to deter and investigate employees involved in criminality or misconduct. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. Contact Us. Section 227 of the Victoria Police Act states that a member of Victoria Police must not, without reasonable excuse, access, use or disclose any police information. It goes on to note that recommended action might include management intervention, no action, admonishments, discipline charges, criminal charges, action in accordance with the VPMG, managing underperformance, and/or action on any identified deficiencies in Victoria Police premises, equipment, policies, practices or procedures.48, If a complaint raises allegations involving a criminal offence, criminal proceedings must be pursued before starting disciplinary proceedings. In an email to his manager, the investigator advised that his recommendation was based on verbal advice from the DAU that no further action was required because it would not be abnormal for a serving member to try to persuade the intercepting member to not take action (ie PBT/speed). for other questionable reasons, such as loss of the file (two files). Attempted to int[ercept] solo lost sight of same whilst requesting assist. 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. 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). . Of the 42 files finalised as work files or corruption complaints (C1-0 and C3-4) in the sample, the majority 23 (55 per cent) were completed within the 152-day time frame, while 19 (45 per cent) took more than 152 days to complete. It is understood that this review should address some of the issues identified in this audit. The guidelines also state that unless an investigation is classified as work file or a corruption complaint (C1-0 or C3-4), employees are to be informed in writing about the result of an investigation and the action taken or proposed to be taken unless to do so could jeopardise the investigation or future investigations.63. Then, the PSC can: investigate . Following the arrest of the subject officer for unrelated alleged sex offences four years later, local management provided details of the 2011 matter to PSC. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022. We will verify the details you have sent, and correct the record if necessary. overstated the number of allegations in ROCSID (two files). Do the actions in ROCSID reflect those in the final report and final letters? As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. In the fourth matter, officers involved in the primary allegation of assault were interviewed criminally, which resulted in findings of not substantiated; however, their senior officers were subsequently subject to disciplinary interviews about their roles supervising the incident in question. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. While the final report states that the results were negative for alcohol, drugs of dependence and steroids, the urine test result is reported as Negative Cancelled test, suggesting that the testing did not proceed. In relation to the file types considered in this audit, the VPM states that work file and corruption complaint investigations should be completed within 152 days of being lodged with PSC.64 The remainder of the files have a 90-day time frame.65 Those time frames may be extended in certain circumstances, which are set out in the VPM. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 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. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. Following an investigation in which an officer stopped for erratic driving was found to have attempted to dissuade junior officers from conducting a preliminary breath test (PBT), the investigator recommended no further action. 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. Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. thirteen statements taken from subject officers in relation to 10 files. 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. 53 If a file resulted in a number of different recommended actions, the recommended action for that file was identified according to the following order (which prioritises criminal and discipline proceedings over management action): court hearing, discipline hearing, admonishment, counselled formally, counselled informally, workplace guidance, performance improvement plan, performance monitoring, conciliated, accepted explanation, satisfied with action, no action, and filed as intelligence. A request for extension must be made before the due completion date and must be approved by: The guidelines also specify that extensions should not be granted for the following reasons: While an investigation can be suspended if a delay is caused by an external factor, the guidelines state that managers should first consider reallocating the file to another investigator.70. However, none of those files formally recorded action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPMG complaint management and investigations. the third request was made a week after the second extension expired. 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. 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. However, the audit also identified concerns with how PSC handles complaints, including files that suggest there is room to improve the reporting culture among police officers, a failure to consistently document reasons for decisions about possible disciplinary action, and a range of uses for the C1-0 work file classification which appear to extend well beyond the stated purpose of undertaking preliminary enquiries. one work file that was reclassified as a corruption complaint (C3-4) on closure, but warranted classification as a complaint of criminality not connected to duty (C3-3), for allegations of drug possession and misuse of ammunition, two corruption complaints (C3-4) and one minor misconduct complaint (C2-1) that were reclassified as work files on closure on the basis they contained intel only. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. Two of the complaints considered in IBACs audit proceeded to discipline hearings. The PSC investigator focused on whether the subject officer disclosed that the information came from a registered human source or simply told her partner that a crook had alleged he was dealing drugs. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. https://www.vic.gov.au/privacy.html, Copyright Notice: While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. A file note of the Assistant Commissioner PSCs decision indicates he was satisfied that the subject officer asked not to be breath tested and told junior officers there goes my job. Those associations may not actually cause an investigator to be biased, however there is a risk that a failure to consider any real or perceived conflicts could compromise an investigation and undermine PSCs standing as an independent complaint investigation unit within Victoria Police. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC.