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. Does the investigator have a relevant complaint history in ROCSID which could affect their ability to investigate this matter? person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. Specifically: Most files did not contain notes detailing the strategies employed by PSC to mitigate an investigators lack of seniority. 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. The Professional Standards Bureau contains a variety specialized units. While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. IBAC will now monitor how Victoria Police implements these recommendations. Comment on policy or procedural issues that were or should have been identified. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. We will verify the details you have sent, and correct the record if necessary. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. 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. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. IBAC also undertakes a range of other independent oversight activities. 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. 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. He requested consultation with the Assistant Commissioner PSC. 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. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. 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. 35 VPMG, Complaint management and investigations, section 6.2. The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. 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]. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. 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. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. This process should ensure IBAC is notified of all work files. twelve files involved extensions for reasons that were questionable. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. If no: Reason for disagreeing with reclassification. Has any action been taken in relation to identified human rights breaches? It is not part of the statutory discipline regime and is an alternative to the formal discipline process. One involved allegations of sexual harassment. 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. 66 This matter was ultimately classified as a work file. 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. On this basis, 12 files were considered to contain a formal investigation plan. ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed consistent with section 127(2) of the Victoria Police Act. 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). In comparison, the NSW Police Force Complaint Handling Guidelines state: Regardless of the wishes of the complainant or victim, the determination in relation to the investigative approach to be taken in response to a complaint should be made on the information available. The file does not contain any notes to indicate why the subject officers wife was not contacted. Other shorter delays were associated with internal communications, administrative issues (including loss of the file and protected disclosure assessment requirements), and the receipt of further evidence. Articulated standards, including entry capabilities for each rank and for education and training. 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. 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. One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. Comment on consideration of subject officers relevant complaint histories. 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 none of allegations listed above were substantiated, the officers complaint history should have been considered in its entirety, rather than processing each new complaint in isolation. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. It goes on to note that recommended action might include management intervention, no action, admonishments, discipline charges, criminal charges, action in accordance with the VPMG, managing underperformance, and/or action on any identified deficiencies in Victoria Police premises, equipment, policies, practices or procedures.48, If a complaint raises allegations involving a criminal offence, criminal proceedings must be pursued before starting disciplinary proceedings. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. 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. Misconduct within Professional Standards Command . 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. Then, the PSC can: investigate . promote a culture of high ethical and professional standards throughout the organisation, investigate corrupt behaviour, serious criminal behaviours and misconduct where police employees may be involved, identify and proactively address emerging integrity issues and trends. 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). Comment on differences between determinations in the final report, the final letters and ROCSID. Does the final report identify any policy or procedural issues? 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. This includes working to deter and investigate employees involved in criminality or misconduct. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. In total, 12 subject officers were criminally interviewed. 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. As the central area responsible for overseeing, coordinating and investigating complaints within Victoria Police, PSC plays a critical role in identifying broader issues arising out of complaints that could be addressed through policy or other initiatives at the organisational level. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. spraying a woman with capsicum foam to bring about compliance during an eviction. 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. The review is a key recommendation of the Royal Commission into the Management of Police Informants. The audit identified 28 complaints that involved at least one relevant police witness. 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. PSCs enquiries included interviews with two complainants and three civilian witnesses, execution of a search warrant on the subject officers home, seizure of mobile phones and analysis of call charge records, a targeted drug test and a criminal interview of the subject officer. lessening public confidence in Victoria Police, or. Auditors considered this appropriate. Of the 59 files in the sample 10 were reclassified. All of which . As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. 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. call to police communications in which he reports that he lost sight of the vehicle. 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 file was ultimately closed as a work file with a determination of for intelligence purposes in ROCSID in relation to one allegation of malfeasance criminal association. formal interim action in relation to eight subject officers (six files). The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. resignation or termination of the subject officers employment before the complaint could be investigated (three files). IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. However, in response to recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised that complaint histories for members involved are now attached to all complaint files forwarded to investigators. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. However, IBAC only became aware of this complaint as a result of the audit. This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC. An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit.