13 VPMG, Complaint management and investigations, section 1.1. Comment on final determinations that are not considered appropriate. The review identified options and recommendations for improvements to Victoria Police practice and policies. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. While notes in ROCSID indicate the first extension was due to delays in data analysis and preparation of the briefs of evidence, no reasons were recorded for the last two extensions, both of which were made after the subject officer resigned. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. 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. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). . VIC POL STATEMENT 270422. Some of these issues, including inadequate management of conflicts of interest and poor identification of human rights issues, have been previously highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and 2018 Audit of Victoria Police oversight of serious incidents. The subject officer was ultimately provided with workplace guidance in relation to the consumption of alcohol and situational awareness as a police officer. 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. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. While the final report states that the results were negative for alcohol, drugs of dependence and steroids, the urine test result is reported as Negative Cancelled test, suggesting that the testing did not proceed. Of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected (C2-1, C3-2 and C3-3 files) in the sample, seven (41 per cent) were completed within the 90-day time frame while 10 (59 per cent) took more than 90 days to complete. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. 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. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. Were all relevant subject officers contacted? police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. 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). The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. 22 Victoria Police Act 2013, s 169(2) and (3) in relation to misconduct and the Independent Broad-based Anti-corruption Commission Act 2011, s 57(2) and (3) in relation to corrupt conduct or police personnel misconduct. 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). 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. This included files that contained: Interpose also has the capacity to log avenues of enquiry pursued by an investigator (such as contact made with subject officers, complainants and witnesses). There are no specific policies that set out time frames for registration, classification or allocation. 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. This checklist is completed by the unit manager on closure. Auditors did not consider this appropriate. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. a decision not to involve the children of a subject officer (one file). This is equally true of PSC investigators. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them 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. Professional Standards Command | Contacts & Services Directory 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. Victoria police officer appears to stomp on man's head during arrest IBAC acknowledges that Victoria Police is reviewing its complaint handling and discipline system as part of its response to the Victorian Equal Opportunity and Human Rights Commission Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. The review is a key recommendation of the Royal Commission into the Management of Police Informants. As the central area responsible for overseeing, coordinating and investigating complaints within Victoria Police, PSC plays a critical role in identifying broader issues arising out of complaints that could be addressed through policy or other initiatives at the organisational level. 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. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. Misconduct within Professional Standards Command . Of the 46 files that formally identified at least one subject officer, 11 files (24 per cent) were investigated by an officer who was not of an appropriately higher rank than at least some of the subject officers. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. 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). IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. thirteen statements taken from subject officers in relation to 10 files. 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. unfounded was the most common determination on an allegation basis (18 per cent of allegations). Of the 46 files that formally identified subject officers, 22 had attached a copy of a final outcome letter to the subject officers (48 per cent), however three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. Number of employees at Salt River Pima-Maricopa Police in year 2017 was 103. The governance will impact the Professional Standards Command which will have force wide impact. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. 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. Specific allegations are not identified or highlighted by the PCU. Workplace guidance was provided in relation to five files (nine allegations). Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. IBAC acknowledges that Victoria Police has initiated changes to improve its complaint handling processes. Comment on reasons for and/or length of extension. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. In total, 12 subject officers were criminally interviewed. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. It is difficult to see how a manager can effectively navigate the information saved to Interpose in this way, much less monitor the progress or quality of the investigation. one work file that was reclassified as a corruption complaint (C3-4) on closure, but warranted classification as a complaint of criminality not connected to duty (C3-3), for allegations of drug possession and misuse of ammunition, two corruption complaints (C3-4) and one minor misconduct complaint (C2-1) that were reclassified as work files on closure on the basis they contained intel only. Victoria Police has accepted these findings. Start your journey with us and apply today! The audit identified 34 complaints that involved at least one relevant civilian witness. 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. The following case study provides an example of a matter in which extensive efforts were made by the investigator to identify relevant subject officers. A small proportion of complaints are investigated centrally by PSCs Investigations Division. hitting a 16 year old in the head during arrest, and. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. PO Box 401. If yes: Did the supervisor identify the need for further work? Matthew Bui on LinkedIn: Proud of the efforts of those who work at my A Victoria police spokesperson declined to comment on the OPP's decision, or whether it would impact on the work of Sofvu. seven of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected to duty (C2-1, C3-2 and C3-3) (41 per cent) were completed within the 90-day time frame, while 10 (59 per cent) took more than 90 days to complete. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. Complaint histories can also help identify welfare issues and opportunities for early intervention. 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. 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. When the situation escalated, the manager closed the premises for safety reasons. 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. there is sufficient evidence to charge the complainant with making a false report to police. Review Victoria Police policies and procedures relating to employees 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. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. PSC concluded that this was not indicative of a high-risk driving culture within the division. Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 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. Issues were identified with the documentation included on all 59 files audited. other matters by direction of the Assistant Commissioner PSC. However, the final investigation report concluded that no witnesses have been identified that could afford direct evidence. Reasons for decisions are easier to explain when all the details are maintained on file. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. 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. Once allegations have been identified that warrant classifying the matter as a notifiable complaint, it is not clear why it would ever be appropriate to later reclassify the complaint as a work file. Go to the police website (www.police.vic.gov.au) and follow the ' Compliments and complaints ' link. In comparison, the NSW Police Force Complaint Handling Guidelines state: Regardless of the wishes of the complainant or victim, the determination in relation to the investigative approach to be taken in response to a complaint should be made on the information available. 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. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. Victoria Police officers suspended after CBD pursuit However, the value of the investigators analysis is questionable. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. It is understood Victoria Police is committed to a significant simplification of determinations. Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). Comment on differences between determinations in the final report, the final letters and ROCSID. A complaint was initiated when tradesmen working on a police station located two imitation firearms and a can of OC spray in the ceiling cavity. An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. 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. No attempt was made to test the veracity of the allegation based on the information available to police. Do the actions in ROCSID reflect those in the final report and final letters? 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). Professional Standards Command - Capability | Victorian Government The department 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. In addition to auditing how Victoria Police handles complaints, IBAC's independent oversight of Victoria Police also includes reviews of selected matters investigated by Victoria Police, to highlight any concerns at the individual as well as the system-wide level. The investigation report contained details of the intercepting sergeants: In a statement, the sergeant stated the rider observed the police vehicle and immediately indicated I then cancelled the [request for assistance] as I identified the rider to be [the subject officer]. The investigators supervisor disagreed, expressing concern with the precedent it would set. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. Reasons for disagreeing fell into three main categories, namely failure to: Failure to list identifiable subject officers can result in allegations not being properly investigated, as highlighted in case study 7. committing an offence which carries a jail term. The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. 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. 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. to support and promote the continuing education and professional development of police officers, protective services officers and police reservists. 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. Auditors noted that a number of files audited suggested that Victoria Police has strengthened its approach in investigations of allegations of sexual harassment and sexual assault. This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). Australia Covid-19: More than 40 Victoria Police staff could be fired subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). This included instances where workplace guidance was recommended, when the auditors assessed that a more serious action was warranted. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. However, the man's family are disgusted with the way that he was taken into custody. 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. 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. Auditors considered this appropriate. an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22).