Two files involved allegations that unsworn Victoria Police employees were using drugs. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. In particular, the majority did not attach conflict of interest forms, investigation plans, or a copy of the DAU advice or extension approvals (where sought). Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. In the second matter, PSC investigated an allegation of multiple assaults following a police work Christmas party that had progressed to another venue. 26 VPMP, Complaints and discipline, section 6.2. 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. Until recently, that notification did not include C1-0 files as they are not considered complaints. More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. 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. Comment on reasons for and/or length of extension. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. The audit did not identify any issues with the 12 outcome letters to complainants that were located on files, all of which were considered to adequately explain the results of the investigation and action taken. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Complaint histories were considered relevant if the subject officer had a significant number of complaints, similar allegations in the recent past, or another complaint that was being investigated at the same time. Complaints can help identify organisational issues and opportunities for professional development. 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. 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. Misconduct within Professional Standards Command . This included: Of the 59 files audited, 33 (56 per cent) involved complainants who could not be contacted either because the complaint was lodged anonymously or because the complaint was generated internally by a Victoria Police officer in the course of their work. There are no specific policies that set out time frames for registration, classification or allocation. Issues were identified with the documentation included on all 59 files audited. Were all relevant fields accurate and complete in ROCSID. While this is useful as a means of reviewing actions taken, investigation plans should still be developed at the start of an investigation and amended as the matter proceeds. one file recommended that the complainant be notified in writing but did not attach a copy of correspondence to confirm that this occurred. 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 . 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. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. Effective communication with relevant parties is an essential part of any investigation. Auditors also disagreed with the initial classification of 16 files. Other shorter delays were associated with internal communications, administrative issues (including loss of the file and protected disclosure assessment requirements), and the receipt of further evidence. 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. Does the audit officer agree that this period of extension/suspension was approved? thirteen statements taken from subject officers in relation to 10 files. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. 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. The other file involved a conflict of interest at the point of issuing workplace guidance: the subject officers senior sergeant noted he was present at one incident discussed in the complaint and therefore requested that another officer provide the subject officer with workplace guidance. IBACs 2016 audit of Victoria Polices complaint handling at the regional level found that where action was recommended, it usually took the form of management intervention. Case study 12 is an example of a matter where an investigators request for a DAT was declined for reasons that auditors did not consider appropriate. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. In a matter that involved a total extension period of 255 days: the first extension request was made four months after the initial 152-day time frame expired for a C3-4. The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. 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. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The unit is a part of professional standards command, the Victoria . managing the Discipline Transformation Project which aims to streamline and simplify the complaint and discipline system to improve timeliness, proportionality and transparency whilst maintaining a remediation and victim focus. PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. However, only 20 per cent of the files audited contained a formal investigation plan. Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. This covers sexual harassment, gender and other forms of . 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. Each unit serves specific functions and has unique responsibilities within Tempe PD. Auditors identified two other files that addressed conflicts of interest but not via the formal process. 5 Victoria Police Act 2013, s 169(2) and (3). 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 no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. 34 Percentages may not add to 100 due to rounding. twenty-three of the 42 files finalised work files or corruption complaints (C1-0 and C3-4) (55 per cent) were completed within the 152-day time frame while 19 (45 per cent) took more than 152 days to complete. When the situation escalated, the manager closed the premises for safety reasons. Was a conflict of interest otherwise identified by Victoria Police? 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. 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. 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. 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. 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. If no: Reason for disagreeing with the number of allegations. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. This is highlighted in case studies 17 and 18. 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. formal interim action in relation to eight subject officers (six files). 17 Originally classified as work files, correspondence or management intervention files. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. Of the 12 files that did not contain evidence to indicate that a final outcome letter was sent to the complainant: Of the 46 files that formally identified subject officers, 22 contained documents that indicated a final outcome letter was sent to the subject officers. 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 This represents eight per cent of all files in the audit and 42 per cent of the 12 files that resulted in at least one substantiated finding. The audit identified only one file where the investigators complaint history suggested a pattern of issues relevant to the file they were investigating. Professional Standards Command. 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. While 51 of the complaint investigations audited by IBAC (86 per cent) were managed on Interpose and contained activity log details, auditors were only able to identify a formal investigation plan on 12 files (20 per cent). Workplace guidance was provided in relation to five files (nine allegations). Number of employees at Salt River Pima-Maricopa Police in year 2017 was 103. It is understood Victoria Police is committed to a significant simplification of determinations. Intent is not an element of the offence and IBAC auditors could not identify any discussion of possible reasonable excuse in the investigation file. reviewed the victims medical records to narrow down the time frame for the offence, audited LEAP to identify any Victoria Police officers who had contact with the complainant during the relevant period, analysed rosters and details of officers who worked at the relevant police station. 64 C1-0 work files and C3-4 corruption complaints. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current 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. Mandate. 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). Our focus is on preventing corrupt behaviours involving police employees. 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). Were all relevant subject officers contacted? Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability 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. It takes courage to make a complaint against a fellow officer and every effort should be made to encourage officers to speak up when they see something that is not right and to support them through the process. The audit only identified one file that attached a conflict of interest form. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. Complete and accurate data is essential to proactive identification of emerging patterns or issues, as highlighted in this case study. A complaint alleged that a police officer was involved in two assaults that involved: A review of the subject officers complaint history indicated he received 11 complaints in the previous three and a half years, including the following matters in which: At the time of the audit, the subject officer had recently been promoted to sergeant and accrued a further assault allegation made by a treating counsellor in relation to an allegation made by another child of the subject officer. 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. 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. a driving under the influence incident in which officer B was detected driving erratically and asked the intercepting officers not to conduct a breath test. The IMG states that documents should be attached chronologically from the back of the file, and should include final and interim reports, investigation plans, statements, medical reports and other relevant evidence.74. While this matter indicates that the investigators were aware of the need to involve a more senior officer, the fact that the senior officer was still only of equal rank as the subject officer suggests it may be difficult to engage suitably senior investigators when subject officers are highly ranked. As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. However, the Assistant Commissioner went on to direct that an admonishment notice was the most appropriate action considering the time since the conduct (16 months), the subject officers subsequent promotion, and the fact that the subject officer ultimately submitted to a PBT without resistance. PSC advised IBAC that most of its investigators are now detective sergeants or more senior, to avoid difficulties associated with senior constables investigating more senior officers, and to address concerns raised in a 2012 internal review which identified issues with the quality of investigations conducted by detective senior constables. 69 VPMG, Complaint management and investigations, section 6.6. While a hair sample was taken within a fortnight of notification, the time lapse between detection and testing may have impeded the accuracy of the test. Supporting police professionalisation. for other questionable reasons, such as loss of the file (two files). Start your journey with us and apply today! promote a culture of high ethical and professional standards throughout the organisation, investigate corrupt behaviour, serious criminal behaviours and misconduct where police employees may be involved, identify and proactively address emerging integrity issues and trends. Reasons were recorded for not contacting relevant civilian witnesses in seven files. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. This included two matters in which discipline charges were downgraded to management action and two matters in which Victoria Police did not consult with the Office of Public Prosecutions (OPP) despite establishing a reasonable belief that a reportable offence had been committed. 13 VPMG, Complaint management and investigations, section 1.1. 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 investigators supervisor disagreed, expressing concern with the precedent it would set. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. An altercation then ensued, with Officer B attacking Officer A. Ethical conduct standards which comprise shared values and expectations of the profession. 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. The OPP agreed and the matter proceeded to discipline hearing. PSC also obtained details of the subject officers online advertisement and statements from the two people who responded to the advertisement, including the purchaser, who picked the motorbike up the day after the speeding ticket. 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. Your duties will include: Run reports and prepare briefings. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. 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. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. . Once classified, the PCU creates a file and enters preliminary details in ROCSID. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. 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. 18 Originally classified as minor misconduct, criminality or corruption. 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. It is therefore important that investigations are conducted in a timely manner. Three files in the audit concerned issues arising from a personal relationship breakdown between two officers who had lived and worked in a regional area for more than two decades. 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. service of a show cause notice as to why the officer should remain employed by Victoria Police, drug testing (without any formal interview or statement). Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. ; File a Police Report Online. Comment on action taken in relation to identified policy or procedural issues. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. 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. The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. 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. 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. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. While notes in ROCSID indicate the first extension was due to delays in data analysis and preparation of the briefs of evidence, no reasons were recorded for the last two extensions, both of which were made after the subject officer resigned. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). for intelligence purposes (15 allegations). The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. Directory Home That MOU is only concerned with offences that relate to section 227 of the Act, namely, summary offences involving unauthorised access to, use of or disclosure of police information.56 Victoria Police also advised that based on discussions with the DPP in 2016, the Assistant Commissioner PSC only consults where it is considered there is sufficient admissible evidence to inform a reasonable prospect of conviction. 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. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). failed to notify police or offer assistance to attending officers on becoming aware of the assault. However, the value of the investigators analysis is questionable. Complaint histories can also help identify welfare issues and opportunities for early intervention. 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. 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. Do the determinations in ROCSID reflect those in the final report and final letters? 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. It is not part of the statutory discipline regime and is an alternative to the formal discipline process.
