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To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. In 56 of the 59 files (95 per cent) auditors could not find any evidence that the investigator had considered conflict of interest issues at any time during the investigation. Review Victoria Police policies and procedures relating to employees 34 Percentages may not add to 100 due to rounding. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. Material saved in the document container attached to the investigation was not named consistently. 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PO Box 401. Only a small proportion of complaints those involving allegations of serious misconduct or corruption are investigated by PSC. Issues were identified with the documentation included on all 59 files audited. Auditors considered this appropriate. On the two days of the party, the subject officer was on rest days. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. For instance, one file raised concerns about an officer driving under the influence of alcohol. It is difficult to see how a manager can effectively navigate the information saved to Interpose in this way, much less monitor the progress or quality of the investigation. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. Each unit serves specific functions and has unique responsibilities within Tempe PD. 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. A Victoria police spokesperson declined to comment on the OPP's decision, or whether it would impact on the work of Sofvu. Professional Standards Command is investigating the incident, Victoria Police said. As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. A small proportion of complaints are investigated centrally by PSCs Investigations Division. insufficient evidence to support determinations of exonerated, withdrawn, not substantiated and unfounded (six files) for example, two drug use allegations were determined to be exonerated and unfounded without conducting a drug test or putting the allegation to the subject officer. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. 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. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. However, most if not all PSC investigators have worked in other areas of Victoria Police. If yes: Where were the planning documents found, Comment on planning documents (or lack of). In one matter, the complainant clearly identified the wife of the subject officer as a civillian witness to some of the events described in the complaint. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? Auditors did not consider this appropriate. While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. Professional Standards Command. Given that the criminal investigation had not reached its conclusion, it would have been prudent to conduct a targeted DAT as requested by the investigator, noting that this could have provided Victoria Police with further grounds for dismissal. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. 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. In the second matter, PSC investigated an allegation of multiple assaults following a police work Christmas party that had progressed to another venue. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. While the audit did not identify any matters where delays clearly compromised the investigation, it is important that delays are minimised, given that involvement in a complaint investigation can be very stressful for both complainants and subject officers. 12 Forty-six allegations (39 per cent) were characterised as malfeasance (including drug offences, criminal associations and pervert the course of justice allegations), 31 allegations (26 per cent) were characterised as assault (including serious and minor assaults) and 14 allegations (11 per cent) were characterised as duty failure. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. It is therefore important that investigations are conducted in a timely manner. All of the work files in the audit contained serious allegations. 39 Details on the file indicate the complaint was posted on Facebook in June 2015, however PSC was not notified until 13 October 2015, after which the DAT was conducted on 29 October 2015. Victoria Police say the incident will be investigated by the Professional Standards Command. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. Issues identified in relation to record keeping on files included: All 59 audited files were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. This checklist is completed by the unit manager on closure. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. 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. 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. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. Run reports and prepare briefings. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. When the situation escalated, the manager closed the premises for safety reasons. 29 Victoria Police Act ss 126, 127 and 135. 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. Did the complaint give rise to any risks that warranted immediate action? 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. Australia Covid-19: More than 40 Victoria Police staff could be fired For matters allocated to PSC, the file is sent to the Commander, Investigations Division. This included instances where workplace guidance was recommended, when the auditors assessed that a more serious action was warranted. The file indicates the managers of both the DAU and the Investigations Division agreed that the subject officer had a case to answer at a discipline hearing. Read the Guide to Registration Application and Assessment, Read the Guide to Transfer and Promotion Appeals, Learn about the Community of Practice for Ethics Education, Department of Justice & Regulation Victoria. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. That form contains four key questions that prompt the investigator to consider whether they currently or previously worked, socialised, trained or worked at the same location as any of the identified people in the investigation. a decision not to involve the children of a subject officer (one file). Police Conduct Unit (PCU) - the PCU receives and classifies incoming complaints and incidents, IBAC Liaison Office - the office provides liaison between Victoria Police and our key oversight agency IBAC. 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). Australian police probe video of cop throwing man on floor reportedly It is good practice for police to seek the opinion of the OPP as early as possible where there appears to be substance to an allegation that a police officer has committed a criminal offence.50, PSCs Investigations Division includes a dedicated Discipline Advisory Unit (DAU) which assists investigators with all aspects of the discipline process, including the need to consult the OPP. 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. 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). Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. 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. Victoria Police has accepted these findings. Dear Chief Commissioner, On Wednesday, 17 October 2012 I wrote Victoria's then Chief Commissioner of Police Ken Lay QPM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called "The AWU Workplace Reform Association Inc". 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. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? 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). 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. Matt H. - Police Inspector - Vancouver Police Department | LinkedIn 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. approached people nominated by the complainant as having possible knowledge of the offence, including a former landlord and a friend, who were unable to assist. Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. 7 Victoria Police Act 2013, s 170(1) and (3). People Development Command;Professional Standards Command;and Service Delivery Reform. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. In two files the investigator only contacted some of the relevant complainants. In total, 12 subject officers were criminally interviewed. An admonishment notice was issued in relation to three files (six allegations). This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. 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. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. one file recommended that the complainant be notified in writing but did not attach a copy of correspondence to confirm that this occurred. Was the extension approved in accordance with the VPMG? The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . Of the 14 complaints where investigators did not contact subject officers but recorded reasons, reasons included: The decision not to contact subject officers when a matter is filed as intelligence appears to be supported by the VPM complaint management and investigations guidelines. In comparison, the NSW Police Force Complaint Handling Guidelines state: Regardless of the wishes of the complainant or victim, the determination in relation to the investigative approach to be taken in response to a complaint should be made on the information available. 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. 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. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). 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. However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. Two of the complaints considered in IBACs audit proceeded to discipline hearings. https://www.vic.gov.au/copyright.html, Disclaimer Notice: Investigators are required to complete a conflict of interest form (form 1426) before commencing an investigation. Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. 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. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. This is equally true of PSC investigators. A complaint was initiated when tradesmen working on a police station located two imitation firearms and a can of OC spray in the ceiling cavity. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. 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. Auditors identified four files in which relevant complainants were not contacted. This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. Do the determinations in ROCSID reflect those in the final report and final letters? Complaints provide an important opportunity to identify problems of a systemic nature. Rather, the sample of 59 files includes all available C1-0 and C3-4 files and at least 10 per cent of the available C3-3, C3-2 and C2-1 files closed by PSC between 1 July 2015 and 30 June 2016 (selected on the basis that those files contained an assault allegation). member involved refers to an officer who is the subject of a complaint or a performance issue. This process should ensure IBAC is notified of all work files. twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. Victoria Police | Contacts & Services Directory PSS members respond to public complaints and other concerns about the actions of individual VicPD members. Complaints against Victoria Police: Contacts. 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. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. However, IBACs audit of complaints investigated by PSC also identified eight files that raised concerns about the way Victoria Police views complaints and its treatment of officers who make complaints about their colleagues. Victoria police: Christian officer faces disciplinary action after nine per cent of files had at least one allegation with a determination of substantiated. As a result of a recommendation IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, Victoria Police advised IBAC that a blank conflict of interest document is now attached to all hard-copy files or uploaded onto Interpose for complaint investigations. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). unfounded was the most common determination on an allegation basis (18 per cent of allegations). 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. This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings. a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. Do the subject officers have complaint histories relevant to the current complaint? Does the audit officer agree with the characterisation of the allegations? This matter is discussed in case study 24. 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. Some of these issues, including inadequate management of conflicts of interest and poor identification of human rights issues, have been previously highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and 2018 Audit of Victoria Police oversight of serious incidents. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. overstated the number of allegations in ROCSID (two files). Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. recognise that a victim can and should be protected under the Victoria Police Act if detrimental action results, rather than suggesting it is in the public interest not to pursue a matter to avoid the possibility of detrimental action. Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. work files are reclassified, notified to IBAC and progress to a full investigation in a timely manner, occuring as soon as notifiable complaint allegations are identified (ie not upon closure of the matter). 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. Victoria Police's handling of serious complaints against officers Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. It is not clear from the file whether this recommendation was actioned by Victoria Police. 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. rosters to confirm who was working at the time of the incident. Formal complaint investigation plans are important for transparency, to document what investigators intended to do and explain any changes in the approach to the investigation. Comment on final letter or advice to the complainant. While PSC may be physically removed from other areas of Victoria Police, its officers are not immune from potential conflicts of interest. Victoria Police is obliged to notify IBAC of complaints received about corrupt conduct or police personnel misconduct by a Victoria Police employee or police recruit.22 In practice, an automated email is sent to IBAC by Victoria Police when a file is classified as a notifiable C2-1, C3-2, C3-3 or C3-4 complaint.