All of which . Victoria Police say the incident will be investigated by the Professional Standards Command. In total, 12 subject officers were criminally interviewed. The unit is a part of professional standards command, the Victoria . During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. Following an off-duty incident, a subject officer was charged with assault by interstate police (charges were later dropped due to the victims reluctance to attend court and the possibility that the court could accept the subject officers claim of self-defence). Auditors disagreed with the action recommended in nine files (15 per cent). . On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. 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 . Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. Misconduct within Professional Standards Command . However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. As such, they will come across matters involving officers with whom they have trained, worked and socialised. This audit reiterates the importance of timely and appropriate drug testing. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. The audit aimed to assess how the most serious complaints are handled by PSC. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. 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. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. 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. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. 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]. The VPMG allow extensions in certain circumstances. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. This included one matter where the DAUs initial advice that no action was necessary was queried by the investigators supervisor, then changed to a recommendation for discipline action which was not authorised by the Assistant Commissioner PSC, as discussed in case study 21. Auditors also disagreed with the initial classification of 16 files. Discipline charges were recommended in relation to four files (four allegations). By changing the allegation from one of concealment to one of failing to account, the supervisor effectively shifted the focus from the location of the items, which could be substantiated (given that the items were in fact hidden in the ceiling cavity), to one of responsibility for property, which could not be substantiated (given that the investigation was not able to determine who was responsible for those items). In 32 files (54 per cent), the primary complainant was external to Victoria Police. The audit examined how effectively complaints involving more serious allegations of police misconduct or corruption concerning Victoria Police officers warranting investigation by PSC are investigated. While 51 of the complaint investigations audited by IBAC (86 per cent) were managed on Interpose and contained activity log details, auditors were only able to identify a formal investigation plan on 12 files (20 per cent). 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. All of the work files in the audit contained serious allegations. 42 VPMG, Complaint management and investigations, section 12.2. At other times, a link might contain a large number of documents under a general description, such as G drive documents. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. 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. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. 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). Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. IBAC acknowledges that Victoria Police is undertaking a comprehensive review of the current drug testing regime and has identified the need to review high risk areas within designated workplaces.60. It is understood Victoria Police is committed to a significant simplification of determinations. Were the relevant complaint histories discussed on the file in any way? 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. 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. eight files did not contain any notes to indicate why the complainant was not advised of the outcome, two files contained notes that suggested the complainant did not want any further involvement in the matter, one file noted that the complainant was kept up to date and advised of the outcome through regular meetings. When the provision was first introduced into legislation, parliamentary debate noted that the provision was intended to make the public confident that when a police officer is under investigation for a criminal offence a reference will be given, firstly, to the DPP to see if charges will be laid before the matter progresses any further, and secondly, to assure the public that the police will not be treated differently from the public at large.57. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. 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. The Victoria Police Act states that an unsworn employee can only be directed to undergo a DAT if the person works in a designated work unit or carries out a designated work function.59 RSD was not a designated area for testing. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. A complaints form can be completed online. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. 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. complainants in 22 of the 26 files (85 per cent) that identified a contactable complainant, civilian witnesses in 18 of the 34 files (53 per cent) that identified a contactable civilian witness. formal interim action in relation to eight subject officers (six files). 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. A request for extension must be made before the due completion date and must be approved by: The guidelines also specify that extensions should not be granted for the following reasons: While an investigation can be suspended if a delay is caused by an external factor, the guidelines state that managers should first consider reallocating the file to another investigator.70. The VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. An anonymous Facebook post, which alleged drug use by a named officer, took more than four months to be notified to PSC. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. For information on reporting options and support available for victim survivors, visit our Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. Victoria Police provides policing services to the Victorian community across 54 Police Service Areas (PSAs), within 21 divisions and four regions - North West Metro, Southern Metro, Eastern and Western. maintain the ethical health of the workforce and reduce ethical risks and workplace harm. . 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. The mandate of the Professional Standards Section is to preserve the integrity of the Victoria Police Department and the Chief Constable's Office by ensuring that the conduct of VicPD members is beyond reproach. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. However, the earlier matter was not discussed in the file. 2 Victoria Police Professional Standards Command 10 2.1 Introduction 10 2.2 Legislation and policies relating to Victoria Police complaints and investigations 11 2.3 Previous IBAC audits 12 3 Findings from the PSC audit 13 3.1 Pre-investigation process 13 3.1.1 Key findings 13 3.1.2 Characterisation of allegations and classification 14 The governance will impact the Professional Standards Command which will have force wide impact. Comment on progress updates to complainant. 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. 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 . The Division employs 54 investigators (FTE). 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. 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. 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. twelve files involved extensions for reasons that were questionable. Supporting police professionalisation. only discussed human rights insofar as they related to the conduct of the complaint investigation process and the rights of the subject officer (three files). 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Comment on reasons for and/or length of extension. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. These types of allegations warrant notification to IBAC. Auditors did not consider this appropriate. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. While the audit did not identify any matters where delays clearly compromised the investigation, it is important that delays are minimised, given that involvement in a complaint investigation can be very stressful for both complainants and subject officers. The IBAC audit identified that human rights were not adequately dealt with in 20 of the 59 files audited (34 per cent). 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. rosters to confirm who was working at the time of the incident. 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. Was the complainant updated on the progress of the investigation? 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. 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. 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. 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. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. minor misconduct, misconduct connected to duty or corruption (C2-1, C3-2 or C3-4) classifications in circumstances where the chosen classification did not reflect the main allegation in the file (five files). leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? The Central Military Commission ( CMC) is the highest national defense organization in the People's Republic of China. It is not clear why PSC closed the file without investigating the extent of the association. An altercation then ensued, with Officer B attacking Officer A. 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. resignation or termination of the subject officers employment before the complaint could be investigated (three files). Comment on number and/or identification of members complained against, Subject officers complaint histories attached. 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. 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. 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. Potential precedent setting decision with medium risk'. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. Two of these matters resulted in proven findings at discipline hearing while the remaining two were not heard because the subject officer resigned or was dismissed (in relation to another matter) prior to hearing. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. reviewed the victims medical records to narrow down the time frame for the offence, audited LEAP to identify any Victoria Police officers who had contact with the complainant during the relevant period, analysed rosters and details of officers who worked at the relevant police station. 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). 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. document.write("Date last reviewed: " + dateFormat("2019-03-15 04:25:22.727+0000")), Date last reviewed: 2019-03-15 04:25:22.727+0000, https://www.vic.gov.au/contactsandservices/directory?ea0_lfz149_120.&organizationalUnit&e2b6f24a-0c8e-448c-a847-7b59d5838895, Privacy Statement: fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). As such, in all but the most exceptional circumstances (which should be documented), subject officers should be afforded an opportunity to respond to allegations, as a matter of procedural fairness. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings.

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