It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. 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. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. Communication of progress and outcome to complainants, Communication of outcome to subject officers, Time taken to register, classify and allocate, Time taken to investigate and consequences of delays, Audit of complaints investigated by Professional Standards Command, Victoria Police, reviews the definition and use of the C1-0 work file classification, and formalises arrangements to notify IBAC of matters classified as work files, considers the checks undertaken and criteria applied when recruiting new PSC investigators as part of its review of probity issues, ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed, consistent with section 127(2) of the Victoria Police Act, ensures advice provided by the PSC Discipline Advisory Unit and reasons for key decisions, including those of the Assistant Commissioner PSC, are clearly documented and attached to the investigation file. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. Small aircraft crash reported on Salt River Pima. 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. one file recommended that the complainant be notified in writing but did not attach a copy of correspondence to confirm that this occurred. If no: What was the primary reason for delay in investigation? The Professional Standards Division was established under the Victoria Police Act 2013: to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for police officers, protective services officers and police reservists. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. Based on the available information, did the delay compromise the integrity of the investigation in any way? hitting a 16 year old in the head during arrest, and. No complaint was recorded in ROCSID. 42 VPMG, Complaint management and investigations, section 12.2. While the investigation was not able to positively identify the offender, auditors considered that the investigation was thorough and exhausted all available avenues of inquiry. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. 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. One involved allegations of sexual harassment. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. Were all relevant subject officers contacted? Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. 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. 26 VPMP, Complaints and discipline, section 6.2. This is illustrated in case studies 27 and 28. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. The audit identified seven complaints (12 per cent) in which a supervisor noted that further consideration was required in relation to: In an additional three complaints, senior officers noted the need to provide advice to relevant parties, including the complainant, other work units or other agencies. The IMG states that PSC investigators must maintain an Interpose log detailing the status and progress of a criminal investigation and use ROCSID for monthly reporting purposes.27 The IMG notes that time spent on planning is never wasted and every aspect of the investigation must be carefully considered in the first instance and states that a detailed investigation plan should be prepared and submitted to the relevant manager for approval of all investigations.28. Following a review of this matter by IBACs Assessment and Review team, IBAC wrote to Victoria Police noting the reasons for providing workplace guidance were not documented. VIC POL STATEMENT 270422. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. This is not the case. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. However, from September 2017 Victoria Police started notifying IBAC of these files. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). Master of Arts (MA) with distinction in criminology and criminal justice from the University of the Fraser Valley focusing on BC municipal police deviance, misconduct, and corruption. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. In the second matter, PSC investigated an allegation of multiple assaults following a police work Christmas party that had progressed to another venue. However, the Tasmanian Integrity Commissions 2016 audit also noted that when substantiation rates were broken down, 44 per cent of the more serious Class 2 allegations (usually handled by PSC) were sustained, while only seven per cent of the less serious Class 1 allegations (which are usually handled at the regional level) were sustained.47. work file (C1-0) or correspondence (C1-6) classifications for matters that raised clear allegations involving an identifiable subject officer from the outset (11 files). 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. 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. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. 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. Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . This issue was also identified in IBACs Operation Ross which investigated incidents involving alleged excessive use of force by some Victoria Police officers at the Ballarat police station.23 In addition, IBAC is advised that PSC is currently undertaking a broader review of probity issues which may provide further clarity in relation to how complaint history information is considered by investigators.24. An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. 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. failed to notify police or offer assistance to attending officers on becoming aware of the assault. Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. . Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. Was the investigation reviewed by a supervisor? This included: If Victoria Police concludes that an allegation cannot be proven based on the available information, but suspects that there may be some substance to the allegation, a valid determination (such as unable to determine) should be made. Auditors also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. A Victoria police spokesperson declined to comment on the OPP's decision, or whether it would impact on the work of Sofvu. It is therefore important that investigations are conducted in a timely manner. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Comment on reasons for and/or length of extension. All of the work files in the audit contained serious allegations. 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 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. behaving disgracefully or improperly whether on or off duty. 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). 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. The IBAC audit identified that human rights were not adequately dealt with in 20 of the 59 files audited (34 per cent). 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. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers complaint histories, including 14 files that discussed those histories in some way. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. In seven of these files, it was stated that contact was not required in relation to a work file. 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. 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). 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. More allegations were substantiated in this audit compared with IBACs 2016 audit. The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. list all identified members involved in ROCSID (seven files), correctly identify members involved in the investigation report or ROCSID (two files). For instance, in one matter a criminal brief of evidence was prepared but not authorised on the basis that the victim of the alleged assault declined to press charges. 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. 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. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. 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. A file that listed one allegation of duty failure but failed to list an allegation of improper conduct. However, auditors also considered that the nature of the allegations (which are recorded in ROCSID) were clarified in a further 14 work files that were not reclassified. 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. Specifically: Most files did not contain notes detailing the strategies employed by PSC to mitigate an investigators lack of seniority. 35 VPMG, Complaint management and investigations, section 6.2. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. 60 IBAC, Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch, December 2016, Recommendation 1, and 30 June 2017 progress report from Victoria Police. The role of the Sexual Offences and Family Violence Unit (SOFVU) is to investigate allegations that involve Victoria Police employees of: SOFVU has an embedded welfare unit dedicated to offering support and guidance to those impacted by these offences. Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. 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 role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. The investigators supervisor disagreed, expressing concern with the precedent it would set. The file was ultimately closed as a work file with a determination of for intelligence purposes in ROCSID in relation to one allegation of malfeasance criminal association. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. 3 A copy of the audit tool is included as an appendix to this report. Reasons for decisions are easier to explain when all the details are maintained on file. The audit identified 28 complaints that involved at least one relevant police witness. similar allegations in the recent past (10 files), similar allegations in recent times and another complaint that was currently open (three files). member involved refers to an officer who is the subject of a complaint or a performance issue. When contacted by the local CIU, the subject officer told detectives he did not know the victim well and had only met him for the second time when he visited the victim at his apartment for a drink (on one of the days that the party took place). 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. These guidelines state that subject officers should generally be advised of the outcome and action taken in relation to an investigation, unless the file is classified as a work file or a corruption complaint (C1-0 or C3-4) or where the provision of that advice could jeopardise the investigation or future investigations.35. recording an invalid determination in ROCSID, even though the investigator made a valid determination in their final report or vice versa (seven files), using exonerated, unfounded and not substantiated interchangeably (four files). IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. 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. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. 62 VPMG, Complaint management and investigations, section 6.1. 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 . The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files considered in the audit was twice the nine per cent substantiation rate (on a file basis) in the 2016 regional complaints audit and comparable to overall police complaint substantiation rates in other jurisdictions (on an allegation basis). All complaints are received, processed and classified by the PCU according to the VPM.11 Classification is important because it plays a role in determining what matters are retained by PSC, what matters are notified to IBAC, what allegations are recorded in a subject officers complaint history in ROCSID, and the time frames that apply to the investigation. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. 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. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. Date in ROCSID when investigation was completed. 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. However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. In addition, 21 of the remaining 24 files did not require advice because the subject officer was identified in relation to a work file or corruption complaint (C1-0 or C3-4). Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. Was the investigation competed within the time frames set out in the VPMG? 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. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. The audit identified only one file where the investigators complaint history suggested a pattern of issues relevant to the file they were investigating. 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. 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). IBACs 2016 audit of complaint handling at the regional level found that: The 2016 report also noted that Victoria Police undertook a review in 2012 which recommended that the system of determinations should be simplified to two possible findings, namely case to answer and no case to answer, noting that the current system of determinations can cause confusion and anxiety among officers. Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. In another, the Assistant Commissioner PSC determined that consultation was not required because the assaults on civilian victims only involved summary assaults while the police victim was unwilling to proceed with criminal charges even though the requirement to consult is predicated on reasonable belief that the offence has been committed, not reasonable belief that the charge will be successful at court. Canberra City ACT 2601. Police misconduct in Victoria is defined in the Victoria Police Act 2013 and the IBACA to include: the failure or refusal to perform duties. 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. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. Attempted to int[ercept] solo lost sight of same whilst requesting assist. Complaints against Victoria Police: Contacts. ; File a Police Report Online. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files).