professional standards command victoria police

Does the final report identify any policy or procedural issues? The goal of the PRSB is to support the journey of policing towards being a full profession. It is therefore important that investigations are conducted in a timely manner. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. In two of those files, specific officers were mentioned (without noting that they could be witnesses), while the third file noted that the incident occurred at a police function where attendees could have been identified, but were not. Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . sufficient evidence to substantiate an allegation in circumstances where determinations of not proceeded with, withdrawn, unable to determine or not substantiated were reached (four files), as discussed in case study 16. highlighted significant doubts that the subject officer would loan his personal riding gear to an unknown person, noted that the officers address was not part of the advertisements, meaning that the rider must have contacted the officer to arrange a test drive. High quality education and training qualifications and programs. Supporting police professionalisation. 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). 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. Directory Home for intelligence purposes was the most common determination on a file basis (22 per cent of files). The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. Was the investigation competed within the time frames set out in the VPMG? Notes on the file suggest that although more than one attempt was made to allocate the file to a PSC employee outside the Investigations Division, other areas of PSC did not have capacity to handle the matter. lessening public confidence in Victoria Police, or. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. 26 VPMP, Complaints and discipline, section 6.2. 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. Tel: 1300 363 101. 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). He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. The Personnel Services Bureau provides initial, ongoing and advanced training while recruiting and hiring the finest citizens in our community to serve as police officers. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. In total, 12 subject officers were criminally interviewed. 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. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. 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. At the conclusion of his investigation, the PSC investigator noted that station managements failure to intervene adversely affected morale at the station as well as the divisions service delivery. In the course of preparing charges against a subject officer for wilful exposure, PSC became aware of other allegations of inappropriate sexual conduct by the same subject officer over a period of time. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. If no: Reason for disagreeing with the characterisation of the allegations, Does the audit officer agree with the complaint classification, If no: Reason for disagreeing with the complaint classification, Does the audit officer agree with the complaint reclassification? A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. 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. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. 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. 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. 35 VPMG, Complaint management and investigations, section 6.2. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. 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 . 3 A copy of the audit tool is included as an appendix to this report. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. The police also urged any witnesses to contact a helpline. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). 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. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. Formal interim action recorded in ROCSID included: Interim action was not taken by Victoria Police in relation to identified risks in one matter involving allegations of sexual harassment because the subject officer was already suspended with pay for a separate complaint. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. unfounded was the most common determination on an allegation basis (18 per cent of allegations). This is illustrated in case studies 27 and 28. 63 VPMG, Complaint management and investigations, section 6.2. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. While none of allegations listed above were substantiated, the officers complaint history should have been considered in its entirety, rather than processing each new complaint in isolation. IBAC continues to liaise with Victoria Police on this issue, emphasising the important role rigorous conflict of interest processes play in demonstrating impartiality in complaint investigations. 46 NSW Police Force 2016, Annual Report 2015/16 reported a 16.67 per cent substantiation rate for the 8,340 allegations made against police officers in the 2015-16 financial year, p 95. In these matters it is assumed that the complainant is not personally aggrieved. The audit identified 34 complaints that involved at least one relevant civilian witness. While not relevant to any particular file investigated, auditors identified three PSC investigators with complaint histories that raised general probity issues, including: Given PSCs role investigating the conduct of Victoria Police officers, its investigators should be of excellent character to ensure that complainants, subject officers and others have confidence in the process. Figure 7 summarises the recommended action in the 59 audited files. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. This matter is discussed in case study 24. That file contained two conflict of interest forms: one completed by the initial investigator who noted that he supervised the subject officer for two years (resulting in the file being reallocated), and one completed by the investigator who completed the matter, and who noted that he did not have any conflicts. In the final report, the investigator noted that unauthorised disclosure of police information is a Schedule 4 offence which would require consultation with the OPP to proceed by way of discipline notice, however if the AC PSC determines that the matter be appropriately dealt with by means of admonishment or workplace guidance, consultation with the OPP is not required. 50 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, pp 11-12 notes that that audit identified two complaints where Tasmania Police did not follow the principal legal officer recommendation to seek advice from the DPP; NSW Ombudsman 2016, Annual Report 2015/16, pp 48-49 notes that the agreement between the NSWPF and the DPP should be revised to provide police officers with better guidance about the types of matters that require consultation with the DPP. 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. 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. 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. thirteen statements taken from subject officers in relation to 10 files. Mr McCann is a decorated officer, a former homicide squad detective and director of the Victorian Police Association. This included: In 15 complaints, auditors found that key evidence relevant to the allegation was not considered, including LEAP records, CCTV footage, email or internet audits, and targeted drug tests. 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. failure to take action in relation to intervention order breaches which should have given rise to consideration of the right to equality before the law (section 8). The Victoria Police intranet notes that while these interim action options are available, suspension should only be considered if the workplace risk cannot be mitigated. 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. 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. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. there is sufficient evidence to charge the complainant with making a false report to police. This included six complaints that were upgraded to a corruption or criminality classification17 and four files that were downgraded to a work file.18, The PSC Conduct and Professional Standards Division Standard Operating Procedures (SOPs) state a complaint should not be reclassified unless an investigation reveals a different allegation or the allegation has been changed by the complainant.19. 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. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). Five IBAC officers undertook the auditing process. Auditors identified two other files that addressed conflicts of interest but not via the formal process. Canberra City ACT 2601. In those letters the subject officer was: Of the 24 files that did not contain evidence to indicate that a final outcome letter was sent to the subject officer: Timely complaint investigation and resolution is a key element of a fair and responsive complaint handling system. For example, in one matter where a criminal association was alleged, the investigator only considered seven days of call charge records before concluding that there was no contact between the subject officer and the alleged associate. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. 64 C1-0 work files and C3-4 corruption complaints. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. This covers sexual harassment, gender and other forms of . three hundred and thirty-five days after receipt, and, 124 days after the investigators report was marked as completed in ROCSID, seven hundred and thirty days after receipt, at which point the investigators report was marked as completed in ROCSID. 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. While there is no record of the DAUs assessment of the brief, a file note from the Assistant Commissioners staff officer to the DAU indicates that the Assistant Commissioner reviewed the investigation file[and] after considering the facts and actions of [the subject officer] he has deemed that an admonishment is appropriate in the circumstances. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). Two of the complaints considered in IBACs audit proceeded to discipline hearings. 13 VPMG, Complaint management and investigations, section 1.1. 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. In that matter the complainant raised concerns that a police officer was associating with outlaw motor cycle gang (OMCG) members, and made a public comment in relation to a police project on social media. The audit aimed to assess how the most serious complaints are handled by PSC. 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. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. The PRSB explored this theme in its paper, Towards a Shared Vision of Police Professionalisation in Victoria (2016/17). A small proportion of complaints are investigated centrally by PSCs Investigations Division. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. 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. Misconduct within Professional Standards Command . leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. 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. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. While requests and approvals were not attached to 14 files (61 per cent), auditors noted that based on the information available on the file and in ROCSID: When approved extension periods were taken into consideration (regardless of whether auditors agreed with the reasons or the process followed), the audit identified 15 files (25 per cent) that were delayed beyond agreed time frames. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. If Victoria Police reasonably believes that an officer has committed a reportable offence (of the kind listed in Schedule 4 of the Victoria Police Act) Victoria Police must consult with the OPP before charging the officer with a breach of discipline. As a result, PSC also failed to notify IBAC of the complaint. Complaints can help to highlight issues the organisation is not aware of and point to opportunities for early intervention before a matter escalates. Following the arrest of the subject officer for unrelated alleged sex offences four years later, local management provided details of the 2011 matter to PSC. Read the stories of successful career mobility, All categories of decisions that can be reviewed, Information about Enterprise Agreement Disputes, Community of Practice for Ethics Education, Find out what we do and how to get involved. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. If yes: Where were the planning documents found, Comment on planning documents (or lack of). A complaints form can be completed online. 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. Is the final letter to complainants attached to the file? The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. This is outlined in the case study on the following page. 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. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. IBAC acknowledges that Victoria Police is undertaking a comprehensive review of its current drug testing regime in response to IBACs 2016 Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch. There are no specific policies that set out time frames for registration, classification or allocation. 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. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. Ph: (02) 5127 2020. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. https://www.vic.gov.au/privacy.html, Copyright Notice: 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. detailed plans that identified possible lines of inquiry, investigation strategies, resource requirements, persons of interest and risks (five files), very basic information entered into the Interpose planning tab for instance, one file did not identify any strategies or lines of inquiry beyond stating that it was an intelligence probe; another only identified one objective and one strategy (five files). The audit scope included all files classified as work files (C1-0) or corruption complaints (C3-4) as well as any other files that included an allegation of assault investigated and closed by PSC during the 2015/16 financial year. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability 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. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. 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. Reasons for decisions are easier to explain when all the details are maintained on file. The file does not contain any notes to indicate why the subject officers wife was not contacted. 69 VPMG, Complaint management and investigations, section 6.6. Comment on human rights issues that were or should have been addressed. failed to notify police or offer assistance to attending officers on becoming aware of the assault. These types of allegations warrant notification to IBAC. nine per cent of files had at least one allegation with a determination of substantiated. Were all relevant fields accurate and complete in ROCSID. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. Back to top . 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 doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. a prior complaint mentioned in a discipline hearing was not included on the subject officers complaint history, even though it resulted in an admonishment notice. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). 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. It notes that compliance by investigators is three-fold: As a result of recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised a new program is being developed to replace the Integrity Management Program and that associated resources would include a more detailed component on human rights in the context of complaint investigations. 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. 53 If a file resulted in a number of different recommended actions, the recommended action for that file was identified according to the following order (which prioritises criminal and discipline proceedings over management action): court hearing, discipline hearing, admonishment, counselled formally, counselled informally, workplace guidance, performance improvement plan, performance monitoring, conciliated, accepted explanation, satisfied with action, no action, and filed as intelligence. five complaints with minor shortcomings in the evidence considered. minor misconduct, misconduct connected to duty or corruption (C2-1, C3-2 or C3-4) classifications in circumstances where the chosen classification did not reflect the main allegation in the file (five files). On this basis, 12 files were considered to contain a formal investigation plan. The sample drawn for this audit represents 27 per cent of the 221 files closed by PSC in 2015/16. The matter was thoroughly investigated by PSC and ultimately identified six instances of sexual harassment which resulted in the approval of a DCN by the Assistant Commissioner PSC. In the first matter, the acting Assistant Commissioner PSC followed the investigators recommendation and consulted the OPP, noting he believed the matter should proceed by way of discipline hearing given the victims reluctance to give evidence at any criminal hearing in relation to the matter, which would reduce the likelihood of a conviction. The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. PSC retains the most serious and complex matters for investigation. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. Overall: The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files audited was comparable to the overall substantiation rate of 16 per cent for Tasmania Police and 17 per cent for NSW Police (on an allegation basis),46 and double the nine per cent substantiation rate (on a file basis) in the 2016 regional audit. Officers who undertake investigations should be of excellent character and not have a history of complaints that would raise concerns about their impartiality or ability to investigate a complaint.

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