Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. Identify and report on risk across multiple data sets. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. Auditors identified four files in which relevant complainants were not contacted. 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. running sheet which states he obs[erved] MC on rear wheel exiting [street]. 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. PSC also obtained details of the subject officers online advertisement and statements from the two people who responded to the advertisement, including the purchaser, who picked the motorbike up the day after the speeding ticket. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. PSC is comprised of the following five divisions: Conduct and Professional Standards Division is the 'front door' for PSC and consists of three units: For further information about making a complaint, visit our complaints page. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. Professional Standards Command is investigating the incident, Victoria Police said. In a matter that involved a total extension period of 534 days: the first extension request was made two months after the initial 152-day time frame expired for a C3-4, the second request was made six months after the first extension expired. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. . While the majority of the DAUs work involves providing advice in relation to discipline briefs and assisting in the discipline charge process, the DAU also provides investigators with advice in relation to any disciplinary issues. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. If no: Reason for disagreeing with the number of allegations. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. Ph: (02) 5127 2020. discrediting Victoria Police. While requests and approvals were not attached to 14 files (61 per cent), auditors noted that based on the information available on the file and in ROCSID: When approved extension periods were taken into consideration (regardless of whether auditors agreed with the reasons or the process followed), the audit identified 15 files (25 per cent) that were delayed beyond agreed time frames. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. However, the only indication of that review is a handwritten note by the investigation manager which states it has been confirmed with DAU that no discipline action was required. insufficient evidence to support determinations of exonerated, withdrawn, not substantiated and unfounded (six files) for example, two drug use allegations were determined to be exonerated and unfounded without conducting a drug test or putting the allegation to the subject officer. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. In terms of oversight, documentation is the primary way IBAC can assess the extent to which Victoria Police appropriately identifies and manages conflicts of interest. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. 17 Originally classified as work files, correspondence or management intervention files. These matters suggest Victoria Police is adopting a serious approach to dealing with allegations of sexual harassment and sexual assault, and is sending a clear message to both victims and offenders that Victoria Police will not tolerate such conduct. 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. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). . While this is useful as a means of reviewing actions taken, investigation plans should still be developed at the start of an investigation and amended as the matter proceeds. Professional standards The principle of policing by consent relies on the trust and confidence that the public has in the police service and the wider law enforcement community. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. Comment on action taken in relation to identified human rights breaches. Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). Identify and report on risk across multiple data sets. 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. 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. 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. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. 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. a prior complaint mentioned in a discipline hearing was not included on the subject officers complaint history, even though it resulted in an admonishment notice. Section 227 of the Victoria Police Act states that a member of Victoria Police must not, without reasonable excuse, access, use or disclose any police information. two files that were not technically delayed because they were reclassified as work files extending the final time frame by 62 days, however that reclassification did not occur until after the original 90-day time frame (for a C2-1 and a C3-3) expired. IBACs 2016 audit of complaint handling at the regional level noted the importance of ensuring that investigators are of a more senior rank to subject officers. Auditors also disagreed with the initial classification of 16 files. In one complaint the subject officer was a PSC investigator. Until recently, that notification did not include C1-0 files as they are not considered complaints. Some of these files were managed locally. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. ensures policy and procedural improvements identified by investigators are formally recorded as recommended action, and implements measures to share those learnings across the organisation. Auditors did not consider this appropriate. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. It operates within the Chinese Communist Party (CCP) under the name "Central Military Commission of the Communist Party of China", and as the military branch of the central government under the name "Central Military Commission . 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. While this matter indicates that the investigators were aware of the need to involve a more senior officer, the fact that the senior officer was still only of equal rank as the subject officer suggests it may be difficult to engage suitably senior investigators when subject officers are highly ranked. For example, in one matter it appeared a relevant witness was overseas, and in another the witness had already been interviewed by other police. Given that the criminal investigation had not reached its conclusion, it would have been prudent to conduct a targeted DAT as requested by the investigator, noting that this could have provided Victoria Police with further grounds for dismissal. list all identified members involved in ROCSID (seven files), correctly identify members involved in the investigation report or ROCSID (two files). In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. Was all relevant documentation included in the file? failed to notify police or offer assistance to attending officers on becoming aware of the assault. 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. call to police communications in which he reports that he lost sight of the vehicle. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. This represents three per cent of all files in the audit and 33 per cent of the 12 files that resulted in at least one substantiated determination. 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. to support and promote the continuing education . It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. Our focus is on preventing corrupt behaviours involving police employees. All of which . This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. 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. 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. There are no specific policies that set out time frames for registration, classification or allocation. there is sufficient evidence to charge the complainant with making a false report to police. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). He requested consultation with the Assistant Commissioner PSC. 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. IBAC will now monitor how Victoria Police implements these recommendations. "Police may also deploy spray where a person is involved in violent or other physical conduct and likely to seriously injure themselves or result in suicide." The Age also obtained and compared the two letters sent to Ascui and Currie by the Professional Standards Command, Victoria Police's integrity unit, in response to their complaints . Contact. Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. 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). 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. 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 took the view that these two matters should have been reclassified as corruption (C3-4) and criminality not connected to duty (C3-3) complaints respectively. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Corporate and Regulatory Services. IBACs audits also identify good practice that could be considered more broadly by Victoria Police. 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 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 . 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. The IMG notes that where investigations reveal and recommend discipline action investigators should consult the DAU to establish the requirements in proving the alleged breach [noting that] consultation at the earliest opportunity is essential for expedient resolution.51. 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). See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. Was the investigation competed within the time frames set out in the VPMG? 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. This covers sexual harassment, gender and other forms of . Each file was examined against an audit tool to assess the adequacy of PSCs management of the complaint3 covering five broad areas: IBACs Assessment and Review area reviews selected Victoria Police complaints based on similar criteria. 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). 5 Victoria Police Act 2013, s 169(2) and (3). The fact that clear allegations of traffic offences raised in this complaint namely, reckless driving, speeding and drink driving were not recorded in ROCSID raises questions about the accuracy of the data more generally. Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. IBAC plays a vital role in providing independent oversight of Victoria Police. 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. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. However, the audit also identified concerns with how PSC handles complaints, including files that suggest there is room to improve the reporting culture among police officers, a failure to consistently document reasons for decisions about possible disciplinary action, and a range of uses for the C1-0 work file classification which appear to extend well beyond the stated purpose of undertaking preliminary enquiries. While there is no record of the DAUs assessment of the brief, a file note from the Assistant Commissioners staff officer to the DAU indicates that the Assistant Commissioner reviewed the investigation file[and] after considering the facts and actions of [the subject officer] he has deemed that an admonishment is appropriate in the circumstances. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. This included six complaints that were upgraded to a corruption or criminality classification17 and four files that were downgraded to a work file.18, The PSC Conduct and Professional Standards Division Standard Operating Procedures (SOPs) state a complaint should not be reclassified unless an investigation reveals a different allegation or the allegation has been changed by the complainant.19. 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 . An altercation then ensued, with Officer B attacking Officer A. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. Auditors identified two other files that addressed conflicts of interest but not via the formal process. became involved in a verbal altercation with a passer-by, escalated the incident by taking hold of the passer-bys arm, advancing towards him and punching him in the face with a closed fist causing him to fall with considerable force. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. 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. 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. In one of the four complaints in which a police witness was not contacted, notes logged in Interpose suggest the investigator intended to contact a named police witness, however there is no record of any actual contact or notes to indicate why that officer was not contacted. 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. twelve files involved extensions for reasons that were questionable. Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). Comment on final determinations that are not considered appropriate. A couple of years after the first Europeans settled there, in September 1836 the area around Melbourne, known as the District of Port Phillip, became part of the colony of New South Wales . While in custody at a New South Wales police station, a complainant alleged that a named Victoria Police officer made threats to kill, used drugs and attempted to pervert the course of justice. If yes: Where were the planning documents found, Comment on planning documents (or lack of). The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. Taking into account approved extensions, the audit identified 15 files that were delayed. Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. Were all relevant subject officers contacted? maintain the ethical health of the workforce and reduce ethical risks and workplace harm. When contacted by the local CIU, the subject officer told detectives he did not know the victim well and had only met him for the second time when he visited the victim at his apartment for a drink (on one of the days that the party took place). 63 VPMG, Complaint management and investigations, section 6.2. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. This is outlined in the case study on the following page. 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. 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. 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.