74 Victoria Police 2015, Integrity Management Guide, paragraph 155. Section 127(2) of the Victoria Police Act states that the obligation to consult with the OPP applies if the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4. Victoria Police command welcomed the introduction of the Victorian Human Rights and Responsibilities Act in 2006 and have been driving a substantial part of this positive cultural change with new training emphasising human rights, new command structures, and new ethical, human rights and anti-discrimination guidelines and policies. Figure 6 summarises the determinations reached in the 59 files audited. Only a small proportion of complaints those involving allegations of serious misconduct or corruption are investigated by PSC. In the following matter, a work file was not reclassified as a criminality complaint (C3-3) until after the PSC investigation was completed, despite identifying possible criminal charges. If yes: Did the supervisor identify the need for further work? However some investigators had complaint histories that raised general probity concerns which PSC may wish to consider, to ensure its staff and practices are beyond reproach and have the confidence of complainants, subject officers and the general public. A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. Of the 59 files in the sample 10 were reclassified. 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 . Victoria Police has accepted these findings. Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. Ideally, Victoria Police should consult with the OPP early in the process. 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. a sergeant who had two proven discipline charges (albeit from 1998 and 2007), a sergeant who was the subject of a rape allegation in 2009 (which was withdrawn) and two substantiated determinations, including one for indecent sexual behaviour with a junior officer in a public place, which resulted in a proven discipline charge. IBAC will now monitor how Victoria Police implements these recommendations. 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. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. However, the value of the investigators analysis is questionable. The determination was ultimately changed from exonerated to not substantiated. As a result of a recommendation IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, Victoria Police advised IBAC that a blank conflict of interest document is now attached to all hard-copy files or uploaded onto Interpose for complaint investigations. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. At the conclusion of the matter, the investigator also searched for traffic offences in ROCSID, and identified eight traffic offence allegations that were relevant to the division over the previous three years. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. suspension with and without pay in relation to four subject officers, revocation of an officers ROCSID access in response to an allegation of inappropriately accessing and releasing information about complaints, liaison with mental health services about a complainants welfare before seeking a formal statement to progress a complaint. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. This issue is discussed further in section 3.3.3.3. 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. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. 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. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. 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. When the situation escalated, the manager closed the premises for safety reasons. 26 VPMP, Complaints and discipline, section 6.2. This included one file that involved five extension requests totalling 425 days. Complaints can help identify organisational issues and opportunities for professional development. Effective communication with relevant parties is an essential part of any investigation. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. All complaints involving Victoria Police officers are assessed by PSC and classified according to the type and seriousness of allegations made. This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. 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). The investigators supervisor disagreed, expressing concern with the precedent it would set. behaving disgracefully or improperly whether on or off duty. Unfortunately, PSCs handling of the matters outlined above suggests that Victoria Police does not sufficiently value employees who identify issues or make complaints about colleagues by failing to sufficiently: Indeed, in both matters investigators were at pains to note that the police victim declined to make a complaint and only provided investigators with details when directed to do so, perhaps perpetuating the idea that a good police officer only reports the poor conduct of others when required to do so. twenty-three of the 42 files finalised work files or corruption complaints (C1-0 and C3-4) (55 per cent) were completed within the 152-day time frame while 19 (45 per cent) took more than 152 days to complete. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. If no: What was the reason for the lack of contact? More allegations were substantiated in this audit compared with IBACs 2016 audit. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. 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. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. 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. 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 audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. 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. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. nine per cent of files had at least one allegation with a determination of substantiated. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. Based on the items in those two lists, the audit assessed whether the following types of evidence were relevant to the complaint and if so, whether it had been considered by the investigator, namely: Auditors also noted any other information considered and assessed, and whether all relevant evidence was considered. In April 2018 IBAC finalised the recommendations in this report following further consultations. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. A number of officers were intoxicated and got into an argument with civilians on the dance floor. approached people nominated by the complainant as having possible knowledge of the offence, including a former landlord and a friend, who were unable to assist. the second request was made two months after the first extension expired and four days after the subject officer was served with an admonishment notice. All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. 58 VPMG, Complaint management and investigations, section 12.3. As part of that review, it would be prudent for PSC to consider its own recruitment processes including the checks undertaken and criteria applied when recruiting new investigators to PSC to ensure that PSC employs staff of the highest integrity. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. Comment on consideration of subject officers relevant complaint histories. Almost half of the sample were work files, a quarter were classified as corruption complaints files and the remainder (all involving assault allegations) were classified as complaints involving criminality not connected to duty, misconduct connected to duty or minor misconduct. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. 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. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. Were all relevant fields accurate and complete in ROCSID. PRSB.Enquiries@prsb.vic.gov.au (External link), Mondayto Friday 8am to4pm (excluding public holidays). 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. Despite allegations that the police officer attempted to pervert the course of justice and was associating with criminals, no allegations were listed in the investigation report, which stated that the work file involved an intelligence probe only. 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. IBAC recommends that Victoria Police: 75 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. The decision to allocate a matter to PSCs Investigations Division is guided by the Professional Standards Command Accountability and Resource Model (PSC ARM).9 Under the PSC ARM the Category 1 matters for which PSC has primacy are identified as: Relevant Victoria Police policies and procedures are outlined in this report in relation to specific issues considered as part of IBACs audit.
