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We will verify the details you have sent, and correct the record if necessary. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. The IBAC audit identified that human rights were not adequately dealt with in 20 of the 59 files audited (34 per cent). Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. 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. Victoria Police - Wikipedia 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. 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 . Was the investigation reviewed by a supervisor? . 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. Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. The review is a key recommendation of the Royal Commission into the Management of Police Informants. Of the 10 disputed work files: Two files remained work files even after criminal interviews had been conducted, at which point it is arguable that the allegations had crystallised sufficiently to warrant reclassification. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). However, the earlier matter was not discussed in the file. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. Police professionalisation | Police Registration & Services Board Victoria Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. Are outcome letters to subject officers attached to the file? More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. maintain the ethical health of the workforce and reduce ethical risks and workplace harm. Do the actions in ROCSID reflect those in the final report and final letters? 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. 63 VPMG, Complaint management and investigations, section 6.2. That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. complainant failed to make or return contact with the investigator, ten files that noted reasons for delays which included liaison with police in other jurisdictions, time taken to consider reparations for the complainant, complexity of the file including subsequent counter complaints, geographical distance, pending legal proceedings or advice from the OPP and competing work pressures, three files that did not note the reasons for delays, all of which involved delays of only a few days or weeks. When the situation escalated, the manager closed the premises for safety reasons. 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. Examples of matters identified by IBACs auditors that did not adequately identify allegations from the outset included: The audit also identified 13 matters where there were inconsistencies between the allegations recorded in ROCSID and the details recorded in the file. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. Did timing of reclassification adversely affect notification and/or investigation? Workplace guidance was provided in relation to five files (nine allegations). (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. PSC retains the most serious and complex matters for investigation. A Victoria police spokesperson declined to comment on the OPP's decision, or whether it would impact on the work of Sofvu. The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. Comment on reasons for and/or length of extension. 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. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. Issues were identified with the documentation included on all 59 files audited. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. PSC did not investigate the sergeants alleged false report, or make any enquiries in relation to senior managements knowledge of the incident, ignoring significant issues raised in the complaint. 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. Does the final report address human rights issues? 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. That report made recommendations in relation to Victoria Police complaint handling processes. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. 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. Does the final report identify any policy or procedural issues? As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. 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. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Victoria police: Christian officer faces disciplinary action after 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. 47 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, p 8 in relation to the 1,010 allegations finalised over the three years from 2013 to 2015. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. Victoria Police 'ownership' of professional standards and integrity Professional Standards Command. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. Figure 7 summarises the recommended action in the 59 audited files. Discipline charges were recommended in relation to four files (four allegations). It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. 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. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. 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. Auditors identified two other files that addressed conflicts of interest but not via the formal process. 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. The VPM states that a declarable association includes any association that may reflect adversely on the employees standing and reputation in the eyes of the community as a Victoria Police employee.21 The policy does not state that associations are limited to those that involve close physical proximity. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). PSS members respond to public complaints and other concerns about the actions of individual VicPD members. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? If no: What was the reason for the lack of contact? 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. Officers who are either witnesses to suspected misconduct or corruption, or the victims of such conduct, must be supported to make complaints about their colleagues. A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. Specific allegations are not identified or highlighted by the PCU. 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. A complaint was later made alleging the subject officer relayed that information to her partner. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation. 17 Originally classified as work files, correspondence or management intervention files. Matthew Bui on LinkedIn: After 16 fantastic years as a frontline In the course of preparing criminal charges against a subject officer for obscene exposure, PSC identified a separate sexual harassment issue, created a separate work file and undertook preliminary enquiries to identify relevant victims and complainants. Notes on one file indicated that the public complainant, who was interstate, declined to participate further, while the other file involved a detailed report from the former officer in charge of a police station which did not require further follow up. In the subject officers statutory declaration, he nominated an unnamed person as the driver. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. The draft key findings were provided to Victoria Police, with a full draft of the report provided to the Deputy Commissioner Capability to confirm factual accuracy. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. 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. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. 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). Professional Standards Command - Victoria Police 3y This process should ensure IBAC is notified of all work files. After 16 fantastic years as a frontline operational police member, I am fortunate to move into my new role, at a new rank, as Inspector at Professional Standards Command in Victoria Police. In April 2018 IBAC finalised the recommendations in this report following further consultations. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. 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. However, Victoria Police did not formally recommend action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPM complaint management and investigations guidelines.58 This is a missed opportunity to formally document, improve and address issues. IBAC plays a vital role in providing independent oversight of Victoria Police. In the following matters (previously discussed in case studies 22 and 23) IBAC auditors considered that PSC could have done more to support the police victims and promote a culture of integrity. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. These changes include undertaking a wide-ranging review of its complaint handling and discipline system as part of the response to VEOHRCs 2015 report on sex discrimination and sexual harassment in Victoria Police. Victoria Police - Human Resource and Governance Consultant The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. Comment on policy or procedural issues that were or should have been identified. New team to investigate Victoria Police employees accused of family Sixteen files (27 per cent) were identified as involving risks that required interim action. Of the five complaints in which a targeted DAT was approved, none returned a positive result. 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. 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. 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. Of the 59 files audited, 46 files (78 per cent) formally identified at least one member involved in ROCSID, while 13 files (22 per cent) did not identify any subject officers. The review identified options and recommendations for improvements to Victoria Police practice and policies. Comment on human rights issues that were or should have been addressed. 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. 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). For instance, one file raised concerns about an officer driving under the influence of alcohol. 35 VPMG, Complaint management and investigations, section 6.2. 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. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. Tasmania Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, reported an average substantiation rate of 16 per cent for the 1,010 allegations finalised over 2013-15, p 8. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. Number of employees at Salt River Pima-Maricopa Police in year 2017 was 103. Comment on final letter or advice to the complainant. PSC should be the exemplar for complaint investigation within Victoria Police. 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. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. A couple of years after the first Europeans settled there, in September 1836 the area around Melbourne, known as the District of Port Phillip, became part of the colony of New South Wales . This decision effectively circumvented the requirement to consult with the OPP. Professional Standards Operations Monitoring Centre. 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. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. On this basis, 12 files were considered to contain a formal investigation plan. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. 29 Victoria Police Act ss 126, 127 and 135. 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. Ex-officer's misconduct 'risked undermining confidence' in Victoria Police spraying a woman with capsicum foam to bring about compliance during an eviction. The final report acknowledged the original investigation would not have been considered adequate in the current environment. 48 VPMG, Complaint management and investigations, section 12.3. Of the 59 files in the sample 10 were reclassified. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. Corporate and Regulatory Services. Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. resignation or termination of the subject officers employment before the complaint could be investigated (three files). 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 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. In total, 12 subject officers were criminally interviewed. This includes working to deter and investigate employees involved in criminality or misconduct. There are no specific policies that set out time frames for registration, classification or allocation. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). 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. Two files involved allegations that unsworn Victoria Police employees were using drugs. What reasons were noted for extensions sought? PSC has advised that while there are no guidelines governing the completion of the checklist, the template is being reviewed following IBACs regional audit and PSC considers that there has been constant improvement in relation to quality control. However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. In another matter, the Assistant Commissioner PSC appears to have authorised non-disciplinary action, namely workplace guidance in a matter involving a Schedule 4 offence. This complaint was classified as a work file. 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. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. 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). Accurate records are essential for accountability and data analysis. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. In response to concerns raised by IBAC, Victoria Police has taken a number of steps to improve its management of conflict of interest issues in complaint investigations, including the introduction of a revised conflict of interest form and requiring all Assistant Commissioners and Department Heads to lead a discussion with leadership teams in relation to addressing conflicts of interest in complaint investigations. In that matter, a complaint involving an allegation of off-duty assault was allocated to an investigator who had three allegations of assault recorded in his complaint history (although none were substantiated). In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. 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. IBAC is advised that PSC is currently undertaking a general review of probity. 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. The audit identified 28 complaints that involved at least one relevant police witness. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. 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. 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. Issues identified with classification involved the use of: The C1-0 classification is officially a work file classification,13 which is used for allegations that require preliminary inquiry and assessment before a full investigation can be conducted.14 In the absence of further guidance to indicate what is required before a full investigation can be conducted, auditors took the view that there was no reason for a matter to remain a work file once clear allegations and subject officers could be identified.15.
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