The PRSB explored this theme in its paper, Towards a Shared Vision of Police Professionalisation in Victoria (2016/17). 10 Victoria Police 2015, Integrity Management Guide, paragraph 1. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. 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. It also stated that with the creation of Taskforce Salus, the publishing of the VEOHRC Review [into sex discrimination and sexual harassment in Victoria Police] and the establishment of the VEOHRC Review Engagement Team, Victoria Police has made significant advances in its approach to preventing and responding to issues of sexually inappropriate behaviour. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. 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. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. Complaints provide an important opportunity to identify problems of a systemic nature. 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. 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. History Background. In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. Were disciplinary and/or criminal charges laid? 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. Was there any delay in classification and/or allocation? 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. What reasons were noted for extensions sought? The audit only identified one file that attached a conflict of interest form. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. Despite confirming that the sergeant did not lose sight of the vehicle as recorded in his running sheet, but stopped and spoke to the rider, only the officer riding the motorbike was recorded as a subject officer. Two files involved allegations that unsworn Victoria Police employees were using drugs. 15 The lack of an identifiable subject officer should not preclude an investigation; however, for the purpose of the audit these two criteria were used to identify matters that should have been classified as C2-1, C3-2, C3-3 or C3-4 complaints from the outset. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. The VPM complaints and discipline policy requires investigators to be aware of impartiality issues and provides guidance around how to respond to conflicts of interest.26. 16 Allegations identified in those files included criminal associations, assault off duty, and drug use or possession involving identifiable police officers. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. Reasons were recorded for not contacting relevant civilian witnesses in seven 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. 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. If no: What was the reason for the lack of contact? Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. 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. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). 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. 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. Recognising that PSC investigates the more serious complaints including allegations of serious misconduct and corruption, IBACs audit of a sample of investigations conducted by PSC in 2015/16 was undertaken to examine how Victoria Police handles these more serious complaint allegations. The VPMG allow extensions in certain circumstances. This is outlined in the case study on the following page. No complaint was recorded in ROCSID. Does the audit officer agree that this period of extension/suspension was approved? This is not the case. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. As such, they will come across matters involving officers with whom they have trained, worked and socialised. Only a small proportion of complaints those involving allegations of serious misconduct or corruption are investigated by PSC. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation. 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). Then, the PSC can: investigate . While Interpose includes an investigation plan tab, only five files used that tab (to prepare basic plans), while a further six had uploaded some other planning documents in Interpose. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. 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 other times, a link might contain a large number of documents under a general description, such as G drive documents. The investigator could have, but did not review: The complaint was closed with a determination of not proceeded with when the complainant failed to attend a pre-arranged meeting with the PSC investigator and a DHHS representative. It is therefore important that investigations are conducted in a timely manner. If no: Reason for disagreeing with the number of allegations. As a result, PSC also failed to notify IBAC of the complaint. 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. 7 Victoria Police Act 2013, s 170(1) and (3). As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. While in custody at a New South Wales police station, a complainant alleged that a named Victoria Police officer made threats to kill, used drugs and attempted to pervert the course of justice. The investigators supervisor disagreed, expressing concern with the precedent it would set. providing a range of strategic and tactical intelligence products, educating our employees in appropriate ethical behaviours and the management of integrity hazards, the provision of the Integrity Management Program, policy coordination, risk planning and risk management/mitigation, responding to IBAC and other oversight body recommendations. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. 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). The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. 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. Were the relevant complaint histories discussed on the file in any way? liaison with the Department of Health and Human Services (DHHS) about possible immediate risks concerning young people. For instance, one file raised concerns about an officer driving under the influence of alcohol. The Division employs 54 investigators (FTE). failed to notify police or offer assistance to attending officers on becoming aware of the assault. High quality education and training qualifications and programs. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). mentioned human rights in some way but failed to identify human rights issues relevant to the file (14 files), failed to address human rights issues at all, including human rights issues relevant to the file (three files). There are no specific policies that set out time frames for registration, classification or allocation. Back to top . leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. 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. That MOU is only concerned with offences that relate to section 227 of the Act, namely, summary offences involving unauthorised access to, use of or disclosure of police information.56 Victoria Police also advised that based on discussions with the DPP in 2016, the Assistant Commissioner PSC only consults where it is considered there is sufficient admissible evidence to inform a reasonable prospect of conviction. 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. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. IBACs audit therefore considered whether more general risk assessments were conducted in PSC investigations to identify issues that warranted immediate action (before completion of the investigation). Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 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). fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. 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). 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. Workplace guidance was provided in relation to five files (nine allegations). 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. Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. 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. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. 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. Conduct and Professional Standards Division, Intelligence, Innovation and Risk Division, receiving complaints and notifications about corrupt conduct and police personnel conduct (including complaints received by Victoria Police and mandatorily reported to IBAC), assessing those complaints and notifications to determine which will be referred to Victoria Police for action, which will be dismissed, and which will be investigated by IBAC, providing or disclosing information to the Chief Commissioner relevant to the performance of the duties and functions of Victoria Police, reviewing investigations of selected matters referred to Victoria Police by IBAC to ensure those matters were handled appropriately and fairly, oversighting deaths and serious injuries associated with police contact pursuant to a standing own motion, conducting own motion investigations about police personnel conduct or corrupt conduct, conducting private and public examinations to assist investigations into police personnel conduct and, in the case of public examinations, exposing systemic issues, encouraging people with relevant information to come forward and to serve as a deterrent to others, ensuring police officers have regard to the Charter of Human Rights, including through reviews and audits of Victoria Police complaint investigations, undertaking research and other strategic initiatives, including auditing how Victoria Police handles its complaints. 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 role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. An altercation then ensued, with Officer B attacking Officer A. ensures policy and procedural improvements identified by investigators are formally recorded as recommended action, and implements measures to share those learnings across the organisation. In October 2017 Victoria Police accepted these recommendations in principle. 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). a decision not to involve the children of a subject officer (one file). 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. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . People Development Command: PSC: Professional Standards Command: VPS: Victorian Public Service: WoVG: Whole of Victorian Government: The next step. Does the final report address human rights issues? Comment on action taken in relation to identified policy or procedural issues. Corporate and Regulatory Services. Does the audit officer agree with the characterisation of the allegations? However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. 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. This included extensions sought and granted: Based on the available information, auditors considered that 22 files involving extensions were not approved by a sufficiently ranked officer as required in the VPMG: Auditors also noted that 17 files involved extension applications that were not made before the original due date or preceding extension expired as discussed in case studies 31 and 32. Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. Ph: (02) 5127 2020. The review identified options and recommendations for improvements to Victoria Police practice and policies. To address this, the investigator suggested that: At the earliest opportunity when the personal relationship breakdown was identified by management, a plan should have been implemented and conveyed to both parties outlining: Relationship breakdowns between married colleagues are not uncommon and Victoria Police is likely to encounter similar issues in future. This included eight files which were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations characterised as drug use, assault and criminal association. 45 Percentages may not add to 100 due to rounding. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. 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. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. Some of these changes were appropriate, while others were not. Each file was examined against an audit tool to assess the adequacy of PSCs management of the complaint3 covering five broad areas: IBACs Assessment and Review area reviews selected Victoria Police complaints based on similar criteria. At present, when a determination of substantiated is reached, the investigator will recommend action which could range from criminal charges to workplace guidance. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. This process should ensure IBAC is notified of all work files. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. 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. 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. 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. Was the choice of investigator appropriate? In recommending discipline charges, the DAU officer noted that CCTV showed the intoxicated subject officer: The DAU concluded that the CCTV footage shows the amount of force used by [the subject officer] was disproportionate to any threat posed by [the other party] and [the subject officers] actions could have resulted in [the other party] sustaining serious head injuries. IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. twenty-two files involved extensions that were not approved by an officer of sufficient rank contrary to the VPMG requirements, seventeen files involved extensions that were made after the original due date or expiry of the preceding extension contrary to the VPMG requirements. No further explanation could be identified on the file. This represents three per cent of all files in the audit and 33 per cent of the 12 files that resulted in at least one substantiated determination. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. When the PSC receives a complaint, the complaint is triaged (i.e. 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. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. rosters to confirm who was working at the time of the incident. A file note of the Assistant Commissioner PSCs decision indicates he was satisfied that the subject officer asked not to be breath tested and told junior officers there goes my job. 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. 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. 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.

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