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. Comment on action taken in relation to identified human rights breaches. That report made recommendations in relation to Victoria Police complaint handling processes. This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. 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. 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 is equally true of PSC investigators. Sixteen files (27 per cent) were identified as involving risks that required interim action. State Government of Victoria information that clearly guided the investigation, such as contact lists, avenues of inquiry and results, but were not characterised or signed off by a manager as a formal investigation plan (two files). Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. 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. 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. However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. A file that listed one allegation of duty failure but failed to list an allegation of improper conduct. Four files in the audit suggest that recent initiatives adopted by Victoria Police to address issues of predatory behaviour, sexual harassment and bullying are having a positive effect. PSC should be the exemplar for complaint investigation within Victoria Police. 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. This included: The audit did not identify any matters in which there were concerns that delays compromised the investigation. A small proportion of complaints are investigated centrally by PSCs Investigations Division. The review identified options and recommendations for improvements to Victoria Police practice and policies. one complaint of criminality not connected to duty (C3-3) that was reclassified as a work file on closure on the basis that PSC wished to retain the allegation for intelligence without alerting the subject officer to the complaint. 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. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. 64 C1-0 work files and C3-4 corruption complaints. 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. 70 VPMG, Complaint management and investigations, section 6.7. twenty-seven files that identified at least one subject officer but failed to attach the subject officers complaint histories, fifty-six files that did not attach a conflict of interest form or contain any other documents to indicate that conflicts of interest were otherwise considered, forty-seven files that did not contain a formal investigation plan, including two matters that involved the preparation of criminal or disciplinary briefs, nine of 11 files where advice was sought from the DAU but that advice was not attached, twelve files that identified a contactable complainant but did not attach a copy of the outcome letter sent to the complainant as required by section 172 of the Victoria Police Act. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. 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). not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. 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. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. 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. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. 35 VPMG, Complaint management and investigations, section 6.2. 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. Auditors also disagreed with the initial classification of 16 files. The following is an example of a complaint that was closed prematurely without investigating the identified allegation, namely, whether the police officer had a declarable association. Does the audit officer agree with the characterisation of the allegations? This is illustrated in case studies 27 and 28. 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). Has any action been taken in relation to identified human rights breaches? A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . 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. Comment on final letter or advice to the complainant. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. If workplace guidance or admon this arguably jumps the need for consult. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. 65 C 2-1 minor misconduct, C3-2 misconduct connected to duty and C3-3 criminality not connected to duty complaints. The Charter of Human Rights and Responsibilities Act 2006 (the Charter) requires Victoria Police to act in a way that is compatible with human rights and to ensure decision making gives proper consideration to relevant human rights. providing investigators with guidance and training on the Victorian Charter of Human Rights to assist in identifying human rights that have been engaged by a complaint or incident. Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. 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. member involved refers to an officer who is the subject of a complaint or a performance issue. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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? Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. 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. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling 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. Reasons for decisions are easier to explain when all the details are maintained on file. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. The review is a key recommendation of the Royal Commission into the Management of Police Informants. PSC has advised that while there are no guidelines governing the completion of the checklist, the template is being reviewed following IBACs regional audit and PSC considers that there has been constant improvement in relation to quality control. Our focus is on preventing corrupt behaviours involving police employees. 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. 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. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. A total of seven allegations were listed on the file including assault (serious) striking fist, malfeasance threats to kill and multiple allegations of malfeasance pervert justice interference in investigation. 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. 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. list all identified members involved in ROCSID (seven files), correctly identify members involved in the investigation report or ROCSID (two files). 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. This included two matters in which discipline charges were downgraded to management action and two matters in which Victoria Police did not consult with the Office of Public Prosecutions (OPP) despite establishing a reasonable belief that a reportable offence had been committed. However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. 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). Risks arising out of complaints were generally well identified and the audit considered that investigators took reasonable steps to apply formal or informal interim action where appropriate. Were all relevant fields accurate and complete in ROCSID. IBACs auditors disagreed with the reclassification of five complaints. 47 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, p 8 in relation to the 1,010 allegations finalised over the three years from 2013 to 2015. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. 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. However, the man's family are disgusted with the way that he was taken into custody. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. formal interim action in relation to eight subject officers (six files). All complaints are received, processed and classified by the PCU according to the VPM.11 Classification is important because it plays a role in determining what matters are retained by PSC, what matters are notified to IBAC, what allegations are recorded in a subject officers complaint history in ROCSID, and the time frames that apply to the investigation. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . No attempt was made to test the veracity of the allegation based on the information available to police. In the first matter, PSC investigated an allegation of assault involving two off-duty officers. 73 Note that the 451-day extension was approved by the then acting Assistant Commissioner PSC, noting that the file had been allocated to an investigator after the due date. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. Three files in the audit concerned issues arising from a personal relationship breakdown between two officers who had lived and worked in a regional area for more than two decades. Can . 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. pursue available lines of inquiry to identify relevant subject officers in matters where no subject officers were listed in the investigation or ROCSID (five files).
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