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Was advice sought from the DAU or the OPP? Analysis of trends and patterns relies on complete and correct data. Did timing of reclassification adversely affect notification and/or investigation? Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers complaint histories, including 14 files that discussed those histories in some way. What evidence was or should have been considered? Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. Some of these files were managed locally. The victim admitted the burglary occurred the day after he hosted a two-day party at which cocaine and speed had been used, suggesting the offenders may have been looking for drugs. 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. 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. 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). In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. 66 This matter was ultimately classified as a work file. Victoria Police's handling of serious complaints against officers The IMG lists a range of actions to be considered when a complaint is received, concluding that initial action should involve completing all reasonable avenues of initial enquiry.36 The IMG also lists material that should be considered in terms of compiling the file.37. rosters to confirm who was working at the time of the incident. The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files considered in the audit was twice the nine per cent substantiation rate (on a file basis) in the 2016 regional complaints audit and comparable to overall police complaint substantiation rates in other jurisdictions (on an allegation basis). 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. While not relevant to any particular file investigated, auditors identified three PSC investigators with complaint histories that raised general probity issues, including: Given PSCs role investigating the conduct of Victoria Police officers, its investigators should be of excellent character to ensure that complainants, subject officers and others have confidence in the process. . 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. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. Of the 46 files that formally identified subject officers, 22 had attached a copy of a final outcome letter to the subject officers (48 per cent), however three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. An anonymous Facebook post, which alleged drug use by a named officer, took more than four months to be notified to PSC. 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. https://www.vic.gov.au/copyright.html, Disclaimer Notice: The other involved allegations of declarable association, secondary employment without approval and reckless purchase and handling stolen goods in circumstances where the investigation could not establish reasonable belief. Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). Contact Us. However, the Assistant Commissioner went on to direct that an admonishment notice was the most appropriate action considering the time since the conduct (16 months), the subject officers subsequent promotion, and the fact that the subject officer ultimately submitted to a PBT without resistance. 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. 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. Articulated standards, including entry capabilities for each rank and for education and training. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. The final report acknowledged the original investigation would not have been considered adequate in the current environment. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. 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. 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. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. recognise that a victim can and should be protected under the Victoria Police Act if detrimental action results, rather than suggesting it is in the public interest not to pursue a matter to avoid the possibility of detrimental action. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . 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. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. Officers who are either witnesses to suspected misconduct or corruption, or the victims of such conduct, must be supported to make complaints about their colleagues. 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 human rights issues that were or should have been addressed. A complaint alleged that an officer was detected riding his motorbike recklessly, noting that senior management were aware of the incident but did not take any action because they do not want the intercepting sergeant to be charged for failing to charge [the rider] and giving false information to communications. 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. detailed plans that identified possible lines of inquiry, investigation strategies, resource requirements, persons of interest and risks (five files), very basic information entered into the Interpose planning tab for instance, one file did not identify any strategies or lines of inquiry beyond stating that it was an intelligence probe; another only identified one objective and one strategy (five files). For matters allocated to PSC, the file is sent to the Commander, Investigations Division. . One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. Matthew Bui on LinkedIn: Proud of the efforts of those who work at my 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). Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 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. 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. One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. Professional Standards Command. . 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. Based on the available information, did the delay compromise the integrity of the investigation in any way? Once classified, the PCU creates a file and enters preliminary details in ROCSID. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. This represents eight per cent of all files in the audit and 42 per cent of the 12 files that resulted in at least one substantiated finding. 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. Professional Standards Command - Victoria Police 3y members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. Review Victoria Police policies and procedures relating to employees 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. The file indicates the managers of both the DAU and the Investigations Division agreed that the subject officer had a case to answer at a discipline hearing. Were interviews with subject officers conducted at the end of the investigation? If no: Reason for disagreeing with the number of allegations. 60 IBAC, Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch, December 2016, Recommendation 1, and 30 June 2017 progress report from Victoria Police. 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. We will verify the details you have sent, and correct the record if necessary. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. 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. As shown in Figure 2, of these 22 files, a member of the public was the primary complainant in 14 matters. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. Our focus is on preventing corrupt behaviours involving police employees. Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . No further explanation could be identified on the file. In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. IBACs audits also identify good practice that could be considered more broadly by Victoria Police. While a hair sample was taken within a fortnight of notification, the time lapse between detection and testing may have impeded the accuracy of the test. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 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 . The governance will impact the Professional Standards Command which will have force wide impact. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. Auditors identified a further four files in which there was no discussion or attachments to indicate that complaint histories had been considered, even though at least one subject officer had a complaint history relevant to the current complaint. 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. The determination was ultimately changed from exonerated to not substantiated. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. Was the investigation reviewed by a supervisor? In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). 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. VIC POL STATEMENT 270422 - DocumentCloud Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? Comment on consideration of subject officers relevant complaint histories. Potential precedent setting decision with medium risk'. Professional Standards Command is investigating the incident, Victoria Police said. 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 . An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. Auditors considered it reasonable to finalise one matter as a C1-0 file on the basis that preliminary enquires confirmed the complaint involved a case of mistaken identity. However, it is noted that allegations recorded on a work file appear on a subject officers complaint history report. Identify and report on risk across multiple data sets. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. That report made recommendations in relation to Victoria Police complaint handling processes. The elements of professionalisation which underpin PRSB strategic direction and projects are: A body of policing knowledge which members contribute to and engage with through continuing professional development, sharing knowledge, techniques and research. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. 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. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. IBACs audit of PSC investigations found that allegations were not adequately characterised in 30 of the 59 files audited (51 per cent) including 21 files that understated the number of allegations. The audit aimed to assess how the most serious complaints are handled by PSC. At the conclusion of his investigation, the PSC investigator noted that station managements failure to intervene adversely affected morale at the station as well as the divisions service delivery. This included eight files which were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations characterised as drug use, assault and criminal association. This includes working to deter and investigate employees involved in criminality or misconduct. The police also urged any witnesses to contact a helpline. At other times, a link might contain a large number of documents under a general description, such as G drive documents. Figure 6 summarises the determinations reached in the 59 files audited. 7 Victoria Police Act 2013, s 170(1) and (3). 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. The governance will impact the Professional Standards Command which will have force wide impact. In each of those files auditors found that a determination of unable to determine or not proceeded with would more accurately reflect the investigation findings.