informal interim action in relation to 10 subject officers (10 files). Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. In 32 files (54 per cent), the primary complainant was external to Victoria Police. For example, in one matter it appeared a relevant witness was overseas, and in another the witness had already been interviewed by other police. This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. 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. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. Overall, 56 per cent of files (72 per cent of allegations) resulted in no action,52 while a further 24 per cent of files (12 per cent of allegations) resulted in the matter being filed as intelligence.53. The Central Military Commission ( CMC) is the highest national defense organization in the People's Republic of China. Examples of matters identified by IBACs auditors that did not adequately identify allegations from the outset included: The audit also identified 13 matters where there were inconsistencies between the allegations recorded in ROCSID and the details recorded in the file. Does the audit officer agree with the count and identification of members complained against? The determination was ultimately changed from exonerated to not substantiated. However, from September 2017 Victoria Police started notifying IBAC of these files. This included a number of administrative issues involving matters that: In a further three matters, it was apparent that the difference in the recommended action recorded in ROCSID and on the file was due to the recommendation being changed upon review. However, on review, the Assistant Commissioner PSC downgraded the recommended discipline charge to workplace guidance on the basis that this is an arguable case of self-defence and I give the benefit of the doubt to [the subject officer]. 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. The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. failed to notify police or offer assistance to attending officers on becoming aware of the assault. This includes working to deter and investigate employees involved in criminality or misconduct. While it is possible that investigation plans were prepared but saved elsewhere by the investigator, plans should be saved in Interpose or placed on the file and reviewed regularly. 69 VPMG, Complaint management and investigations, section 6.6. 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. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. 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. 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. Does the audit officer agree with the characterisation of the allegations? . An admonishment notice was issued in relation to three files (six allegations). A small proportion of complaints are investigated centrally by PSCs Investigations Division. Complaints can help identify organisational issues and opportunities for professional development. 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. Date in ROCSID when investigation was completed. 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. ; File a Police Report Online. 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). As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. 54 The two files that resulted in workplace guidance without consulting the DAU involved the formal recording of workplace guidance that had occurred four years prior and action that was changed at the request of IBAC. 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. Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. Twenty-two were classified as work files or corruption complaints (C1-0 or C3-4) on closure which according to the VPMG means outcome advice to the subject officer is not required. For instance, one file raised concerns about an officer driving under the influence of alcohol. 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. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. Go to the police website (www.police.vic.gov.au) and follow the ' Compliments and complaints ' link. In terms of ongoing supervision, the IMG states that a progress report must be submitted to the investigation manager on a monthly basis along with a summary of the action required to complete the file.40. 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. Figure 1 outlines the audited files by classification upon closure. A targeted DAT form indicated that the subject officer was directed to provide hair and urine samples, however the results indicate that breath and urine tests were conducted, both of which are inferior to hair testing. This complaint was classified as a work file. In another, the Assistant Commissioner PSC determined that consultation was not required because the assaults on civilian victims only involved summary assaults while the police victim was unwilling to proceed with criminal charges even though the requirement to consult is predicated on reasonable belief that the offence has been committed, not reasonable belief that the charge will be successful at court. A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. twelve files involved extensions for reasons that were questionable. To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Contact Details . As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. Your Duties Will Include. 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. 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. 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). Are extension requests and approvals attached to the file? Professional Standards Operations Monitoring Centre. The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. Did timing of reclassification adversely affect notification and/or investigation? Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. 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. Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. There are no specific policies that set out time frames for registration, classification or allocation. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. Of these 64 files, 59 were audited.2 Hard copy files were audited and, where relevant, IBAC examined information stored on Victoria Police's Register of Complaints, Serious Incidents and Discipline (ROCSID) and Interpose, Victoria Police's investigation, intelligence and registry management system. This included: If Victoria Police concludes that an allegation cannot be proven based on the available information, but suspects that there may be some substance to the allegation, a valid determination (such as unable to determine) should be made. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. 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. This recommendation was supported by the DAU and a discipline charge notice was prepared in relation to conduct likely to bring Victoria Police into disrepute. 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. The issue was first raised by Victoria Police employees and was promptly referred to . Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. When the PSC receives a complaint, the complaint is triaged (i.e. 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. member involved refers to an officer who is the subject of a complaint or a performance issue. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. This is illustrated in case studies 27 and 28. 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). PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. Auditors noted that an investigator could then recommend that the matter be filed for intelligence if the content was considered to be of value for intelligence purposes. Start your journey with us and apply today! The sample drawn for this audit represents 27 per cent of the 221 files closed by PSC in 2015/16. The review is a key recommendation of the Royal Commission into the Management of Police Informants. This checklist is completed by the unit manager on closure. 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. call to police communications in which he reports that he lost sight of the vehicle. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. Following an investigation in which an officer stopped for erratic driving was found to have attempted to dissuade junior officers from conducting a preliminary breath test (PBT), the investigator recommended no further action. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. While not formally documented using form 1426, various emails and other notes on the file suggest that the file was allocated to an officer in the PCU who was considered to be sufficiently removed from Investigations Division. 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. Evidence was recorded as being partially considered if material (such as LEAP records, CCTV footage or call charge records) was attached to the file but involved a cursory review or had an inexplicably narrow scope. GPO Box 913 Melbourne VIC 3001. However, it is considered the decision not to consult in case study 23 on the basis that the then Assistant Commissioner considered there was insufficient evidence to support a conviction, defeats the purpose of section 127(2). 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 Professional Standards Bureau contains a variety specialized units. The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. 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. Auditors disagreed with the decision to reclassify the C3-3 file as a C1-0, noting that this conflicts directly with the instructions in PSCs SOPs which state that if a matter was originally a C3-2 matter but was unfounded or untrue, the matter still remains a C3-2 and should be finalised accordingly.20. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. thirteen statements taken from subject officers in relation to 10 files. IBACs auditors disagreed with the reclassification of five complaints. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. 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. It would have been prudent for Victoria Police to circulate the organisational learnings identified by this investigator to assist other commands to identify and manage similar situations. The six files that took more than 20 days to allocate included one file that took 211 days to allocate to an investigator, due in part to the fact that the subject officer was attached to PSC Investigations Division. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). 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. 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. Were disciplinary and/or criminal charges laid? It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. 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. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. While these requirements only appear to apply to criminal investigations, it would be prudent to prepare a plan for all of the serious and complex matters that make up most of PSCs investigations.