The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. 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. Do the subject officers have complaint histories relevant to the current complaint? 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. The investigators supervisor disagreed, expressing concern with the precedent it would set. 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: Of the five complaints in which a targeted DAT was approved, none returned a positive result. While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. A complaint alleged that a police officer was involved in two assaults that involved: A review of the subject officers complaint history indicated he received 11 complaints in the previous three and a half years, including the following matters in which: At the time of the audit, the subject officer had recently been promoted to sergeant and accrued a further assault allegation made by a treating counsellor in relation to an allegation made by another child of the subject officer. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. 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). The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. In addition, 21 of the remaining 24 files did not require advice because the subject officer was identified in relation to a work file or corruption complaint (C1-0 or C3-4). 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). 26 VPMP, Complaints and discipline, section 6.2. New team to investigate Victoria Police employees accused of family observed that the actual purchaser had already paid a deposit, denied sending someone to test drive the motorbike the day before he picked it up, adding that he would be upset if the subject officer let someone else test drive the motorbike after taking his deposit. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. Matthew Bui on LinkedIn: After 16 fantastic years as a frontline For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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. . Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. 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. This is not the case. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. VIC POL STATEMENT 270422. IBAC also undertakes a range of other independent oversight activities. This process should ensure IBAC is notified of all work files. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. Are extension requests and approvals attached to the file? In three of those matters, criminal proceedings were not authorised (due to lack of evidence, or unwillingness of victims to pursue the matter); however, disciplinary action was later considered. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. 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. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. The office is also the Victoria Police Public Interest Disclosure Co-ordinator. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. Complaints - Victoria Police Of the files that did discuss human rights, some failed to identify relevant human rights issues, while others only considered human rights insofar as they concerned the subject officer. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. Victoria Police Accused of Crime and Corruption The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. 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. 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). As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. One complaint of criminality not connected to duty (C3-3) contained notes to indicate it was not necessary to formally advise the subject officer of the outcome because he received workplace guidance in 2011 after admitting to the allegations. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. 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. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. Identify and report on risk across multiple data sets. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). 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. Was a conflict of interest otherwise identified by Victoria Police? Does the audit officer agree with the count and identification of members complained against? 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. Of the 12 files that did not contain evidence to indicate that a final outcome letter was sent to the complainant: Of the 46 files that formally identified subject officers, 22 contained documents that indicated a final outcome letter was sent to the subject officers. Contact. Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. Does the audit officer agree with the characterisation of the allegations? 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. However, the man's family are disgusted with the way that he was taken into custody. PSC advised IBAC that most of its investigators are now detective sergeants or more senior, to avoid difficulties associated with senior constables investigating more senior officers, and to address concerns raised in a 2012 internal review which identified issues with the quality of investigations conducted by detective senior constables. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. 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. Were the relevant complaint histories discussed on the file in any way? 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). It is difficult to see how a manager can effectively navigate the information saved to Interpose in this way, much less monitor the progress or quality of the investigation. Auditors also disagreed with the initial classification of 16 files. In one matter, the complainant clearly identified the wife of the subject officer as a civillian witness to some of the events described in the complaint. 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). Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. In relation to the file types considered in this audit, the VPM states that work file and corruption complaint investigations should be completed within 152 days of being lodged with PSC.64 The remainder of the files have a 90-day time frame.65 Those time frames may be extended in certain circumstances, which are set out in the VPM. Audit of complaints investigated by Professional Standards Command 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. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. 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. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. The 59 files audited were investigated by 33 different investigators attached to PSC. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. Does the audit officer agree with the number of allegations? 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. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. 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. One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. Complaint histories were considered relevant if the subject officer had a significant number of complaints, similar allegations in the recent past, or another complaint that was being investigated at the same time. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. The audit only identified one file that attached a conflict of interest form. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). This includes working to deter and investigate employees involved in criminality or misconduct. As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. 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. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. It takes courage to make a complaint against a fellow officer and every effort should be made to encourage officers to speak up when they see something that is not right and to support them through the process. Were interviews with subject officers conducted at the end of the investigation? This included instances where workplace guidance was recommended, when the auditors assessed that a more serious action was warranted. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. 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. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. 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. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. The audit aimed to assess how the most serious complaints are handled by PSC. 22 Victoria Police Act 2013, s 169(2) and (3) in relation to misconduct and the Independent Broad-based Anti-corruption Commission Act 2011, s 57(2) and (3) in relation to corrupt conduct or police personnel misconduct. The issue was first raised by Victoria Police employees and was promptly referred to . 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. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. Five IBAC officers undertook the auditing process. 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. allegations of serious criminality involving Victoria Police employees, allegations of serious corruption involving Victoria Police employees, issues posing a significant reputational risk to Victoria Police, oversight of deaths and serious injury to persons directly resulting from police-related incidents; including police custody, police operations, pursuits and critical incidents, allegations relating to serious breaches of Victoria Police discipline. 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. information that clearly guided the investigation, such as contact lists, avenues of inquiry and results, but were not characterised or signed off by a manager as a formal investigation plan (two files). other matters by direction of the Assistant Commissioner PSC. Was the investigation competed within the time frames set out in the VPMG? 46 NSW Police Force 2016, Annual Report 2015/16 reported a 16.67 per cent substantiation rate for the 8,340 allegations made against police officers in the 2015-16 financial year, p 95. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. 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. 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. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. 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. Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. 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. An altercation then ensued, with Officer B attacking Officer A. It is understood that this review should address some of the issues identified in this audit. 'Held to justice': Father of man at centre of dramatic arrest wants