The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. If yes: Did the supervisor identify the need for further work? As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. This included files where a subject officers complaint history included: In four of these 17 files, auditors were not able to identify notes or other evidence on the file to indicate that complaint histories had been considered. The review identified options and recommendations for improvements to Victoria Police practice and policies. Start your journey with us and apply today! Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. The majority of complaints received by Victoria Police are then referred to the Victoria Police regions, departments or commands for investigation. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. Comment on investigators relevant complaint history. IBAC audited 59 PSC investigations into a range of complaints about Victoria Police officers, including allegations of improper criminal associations, drug use or possession offences, sexual offences, handling stolen goods, threats to kill, interference in investigation, and misuse of information. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. Do the determinations in ROCSID reflect those in the final report and final letters? The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. Was the investigation competed within the time frames set out in the VPMG? the third request was made a week after the second extension expired. 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. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. For instance, the NSW Police Force Complaint Handling Guidelines state that each finding will need to be determined on the balance of probabilities (civil standard of proof). Two files involved allegations that unsworn Victoria Police employees were using drugs. Has VP Form 1426 (Oversight/Investigation Conflict of Interest Questionnaire and Approval) been completed? discrediting Victoria Police. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. 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. This includes working to deter and investigate employees involved in criminality or misconduct. 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. Ethical conduct standards which comprise shared values and expectations of the profession. The majority of PSC investigations involve situations where the investigator is attached to another unit and is not, therefore, a current colleague of the officer who is the subject of the complaint. What evidence was or should have been considered? 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. The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. for intelligence purposes (15 allegations). Was the complainant updated on the progress of the investigation? All of which . 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). an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22). Intent is not an element of the offence and IBAC auditors could not identify any discussion of possible reasonable excuse in the investigation file. behaving disgracefully or improperly whether on or off duty. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. 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. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. Of the 14 complaints where investigators did not contact subject officers but recorded reasons, reasons included: The decision not to contact subject officers when a matter is filed as intelligence appears to be supported by the VPM complaint management and investigations guidelines. Professional Standards Operations Monitoring Centre. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. 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. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. running sheet which states he obs[erved] MC on rear wheel exiting [street]. In these matters it is assumed that the complainant is not personally aggrieved. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. 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. Comment on policy or procedural issues that were or should have been identified. a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. 26 VPMP, Complaints and discipline, section 6.2. 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. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). History Background. 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]. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. While the final report states that the results were negative for alcohol, drugs of dependence and steroids, the urine test result is reported as Negative Cancelled test, suggesting that the testing did not proceed. PO Box 401. Comment on reasons for and/or length of extension. 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. Sixteen files (27 per cent) were identified as involving risks that required interim action. 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 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. 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. The PSC investigator focused on whether the subject officer disclosed that the information came from a registered human source or simply told her partner that a crook had alleged he was dealing drugs. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). In the first matter, the acting Assistant Commissioner PSC followed the investigators recommendation and consulted the OPP, noting he believed the matter should proceed by way of discipline hearing given the victims reluctance to give evidence at any criminal hearing in relation to the matter, which would reduce the likelihood of a conviction. 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. Complainants and members of the public who are directly involved in an incident must be informed of the progress and key stages in an investigation. Mr McCann is a decorated officer, a former homicide squad detective and director of the Victorian Police Association. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. . Despite confirming that the sergeant did not lose sight of the vehicle as recorded in his running sheet, but stopped and spoke to the rider, only the officer riding the motorbike was recorded as a subject officer. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). It is not clear why PSC closed the file without investigating the extent of the association. a sergeant who had two proven discipline charges (albeit from 1998 and 2007), a sergeant who was the subject of a rape allegation in 2009 (which was withdrawn) and two substantiated determinations, including one for indecent sexual behaviour with a junior officer in a public place, which resulted in a proven discipline charge. An altercation then ensued, with Officer B attacking Officer A. Can . fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. It is understood that this review should address some of the issues identified in this audit. One involved allegations of sexual harassment. complaints and disclosures about police misconduct and . did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). Was the choice of investigator appropriate? During 2015/16, 243 files (11 per cent of all matters received by Victoria Police in the period) were retained by PSC for investigation and 211 files were closed by PSC. Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. 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. 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? Investigations Division investigates corruption and criminality committed by our employees and high level discipline matters involving police officers and Protective Services Officers (PSOs). However, auditors also considered that the nature of the allegations (which are recorded in ROCSID) were clarified in a further 14 work files that were not reclassified. The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. unfounded was the most common determination on an allegation basis (18 per cent of allegations). The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. 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. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. This included: Of the 59 files audited, 33 (56 per cent) involved complainants who could not be contacted either because the complaint was lodged anonymously or because the complaint was generated internally by a Victoria Police officer in the course of their work. IBACs audit examined how PSC conducts investigations by considering five aspects of the complaint investigation process, namely: The following sections outline relevant Victoria Police policies applying to each area, the data collected through the audit and, where appropriate, suggestions for improvements. 49 Section 127(2) of the Victoria Police Act states If the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4, the Chief Commissioner or authorised person must not charge the officer with the commission of a breach of discipline until the Chief Commissioner or authorised person has consulted the Director of Public Prosecutions. 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. Officers who undertake investigations should be of excellent character and not have a history of complaints that would raise concerns about their impartiality or ability to investigate a complaint. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. 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. While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. This included files that: Examples of human rights issues that should have been addressed but were not, included: These observations were consistent with IBACs 2016 regional audit and 2018 audit of oversight files. On the two days of the party, the subject officer was on rest days. 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). 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. Comment on action taken in relation to identified human rights breaches. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. Professional Standards Command. Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. 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. 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. Two of the complaints considered in IBACs audit proceeded to discipline hearings. Victoria Police has accepted all of the recommendations made in both these reports. If not notified: Should IBAC have been notified? Prior association with a subject officer does not necessarily preclude an investigator from handling a matter, however it is important to identify and declare possible conflicts of interest so that appropriate strategies can be put in place to manage the conflict and ensure impartiality and fairness. Professional Standards Command - Contacts and Services Directory (Victoria Online), The fastest way to find local, state and federal government information and services, You are here: