Ethical conduct standards which comprise shared values and expectations of the profession. This recommendation was supported by the DAU and a discipline charge notice was prepared in relation to conduct likely to bring Victoria Police into disrepute. Intent is not an element of the offence and IBAC auditors could not identify any discussion of possible reasonable excuse in the investigation file. What reasons were noted for extensions sought? For information about related policies, download the free Family Violence involving Victoria Police employees section of the Victoria Police Manual: For full access to the manual, visit our Procedures and legislation page. A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. 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 appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. In April 2018 IBAC finalised the recommendations in this report following further consultations. If not notified: Should IBAC have been notified? However, Victoria Police did not formally recommend action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPM complaint management and investigations guidelines.58 This is a missed opportunity to formally document, improve and address issues. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. 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 admonishment notice was issued in relation to three files (six allegations). 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. Do the subject officers have complaint histories relevant to the current complaint? 18 Originally classified as minor misconduct, criminality or corruption. It is understood that this review should address some of the issues identified in this audit. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. These matters suggest that clearer guidance may be required to ensure that, in accordance with section 127(2), Victoria Police consults with the OPP where there is sufficient information for the Chief Commissioner to form a reasonable belief that the subject officer has committed a reportable offence before taking any discipline or lower level managerial action. However, because the majority of allegations considered in the audit were not substantiated, the actions recommended most often were no action (75 allegations) followed by filed as intelligence (14 allegations) which together accounted for 76 per cent of all recommendations. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. Auditors considered this appropriate. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. Following an investigation in which an officer stopped for erratic driving was found to have attempted to dissuade junior officers from conducting a preliminary breath test (PBT), the investigator recommended no further action. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. 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. 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. 73 Note that the 451-day extension was approved by the then acting Assistant Commissioner PSC, noting that the file had been allocated to an investigator after the due date. The draft key findings were provided to Victoria Police, with a full draft of the report provided to the Deputy Commissioner Capability to confirm factual accuracy. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. The Victorian Government 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. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. failed to notify police or offer assistance to attending officers on becoming aware of the assault. Police misconduct in Victoria is defined in the Victoria Police Act 2013 and the IBACA to include: the failure or refusal to perform duties. discrediting Victoria Police. Auditors identified two other files that addressed conflicts of interest but not via the formal process. Auditors did not consider this appropriate. a decision not to involve the children of a subject officer (one file). 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. This issue was also identified in IBACs Operation Ross which investigated incidents involving alleged excessive use of force by some Victoria Police officers at the Ballarat police station.23 In addition, IBAC is advised that PSC is currently undertaking a broader review of probity issues which may provide further clarity in relation to how complaint history information is considered by investigators.24. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. 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. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. This matter is discussed in case study 24. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. If workplace guidance or admon this arguably jumps the need for consult. 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). Seventeen warranted preliminary inquiries. The audit identified 28 complaints that involved at least one relevant police witness. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. Two files involved allegations that unsworn Victoria Police employees were using drugs. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. Then, the PSC can: investigate . A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. 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. In 56 of the 59 files (95 per cent) auditors could not find any evidence that the investigator had considered conflict of interest issues at any time during the investigation. 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. Corporate and Regulatory Services. Following a review of this matter by IBACs Assessment and Review team, IBAC wrote to Victoria Police noting the reasons for providing workplace guidance were not documented. 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? In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. Was the complainant updated on the progress of the investigation? 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. In a statement, Victoria Police said the "exact circumstances" around the incident were "yet to be determined" and added that it was being investigated by the Transit Safety Division and Professional Standards Command. 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. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. 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. Back to top . The various ways in which determinations have been applied in the audited PSC files adds further weight to the recommendation that the system of determinations should be simplified to ensure greater consistency and fairness, and to reduce the potential for ambiguity. 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. running sheet which states he obs[erved] MC on rear wheel exiting [street]. Auditors also disagreed with determinations made by PSC in 10 files (17 per cent) on the basis that there was either: The following case study provides an example of a matter where PSC reached a conclusion of unable to determine which was disputed by IBAC auditors. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . In March 2018 IBAC published an Audit of Victoria Polices oversight of serious incidents. document.write("Date last reviewed: " + dateFormat("2019-03-15 04:25:22.727+0000")), Date last reviewed: 2019-03-15 04:25:22.727+0000, https://www.vic.gov.au/contactsandservices/directory?ea0_lfz149_120.&organizationalUnit&e2b6f24a-0c8e-448c-a847-7b59d5838895, Privacy Statement: Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. 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. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 files. twenty-three of the 42 files finalised work files or corruption complaints (C1-0 and C3-4) (55 per cent) were completed within the 152-day time frame while 19 (45 per cent) took more than 152 days to complete. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. Were all relevant fields accurate and complete in ROCSID. History Background. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. any human rights breach must be recorded on both ROCSID and discussed in the final report. The Professional Standards Bureau contains a variety specialized units. The role of the Sexual Offences and Family Violence Unit (SOFVU) is to investigate allegations that involve Victoria Police employees of: SOFVU has an embedded welfare unit dedicated to offering support and guidance to those impacted by these offences. This audit reiterates the importance of timely and appropriate drug testing. 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. The Charter of Human Rights and Responsibilities Act 2006 (the Charter) requires Victoria Police to act in a way that is compatible with human rights and to ensure decision making gives proper consideration to relevant human rights. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. 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. However, the man's family are disgusted with the way that he was taken into custody. This is illustrated in case studies 27 and 28. Was the extension approved in accordance with the VPMG? Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. for intelligence purposes (15 allegations). 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. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. As part of Victoria Polices roll out of Interpose more broadly to manage complaint investigation files, it would be prudent to provide all investigators with clear guidance on record keeping requirements to ensure consistency in how Interpose is used. Does the audit officer agree with the number of allegations? 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. 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. five complaints with minor shortcomings in the evidence considered. Attempted to int[ercept] solo lost sight of same whilst requesting assist. 16 Allegations identified in those files included criminal associations, assault off duty, and drug use or possession involving identifiable police officers. Did the complaint give rise to any risks that warranted immediate action? This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. The investigation report contained details of the intercepting sergeants: In a statement, the sergeant stated the rider observed the police vehicle and immediately indicated I then cancelled the [request for assistance] as I identified the rider to be [the subject officer]. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. Two of these matters resulted in proven findings at discipline hearing while the remaining two were not heard because the subject officer resigned or was dismissed (in relation to another matter) prior to hearing. 45 Percentages may not add to 100 due to rounding. Are extension requests and approvals attached to the file? 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. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. 7 Victoria Police Act 2013, s 170(1) and (3). This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. No attempt was made to test the veracity of the allegation based on the information available to police. Complete and accurate data is essential to proactive identification of emerging patterns or issues, as highlighted in this case study. minor misconduct, misconduct connected to duty or corruption (C2-1, C3-2 or C3-4) classifications in circumstances where the chosen classification did not reflect the main allegation in the file (five files). 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. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. Four files in the audit suggest that recent initiatives adopted by Victoria Police to address issues of predatory behaviour, sexual harassment and bullying are having a positive effect. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. results and any actions taken or proposed to be taken on completion of a complaint investigation. In response, Victoria Police stated the incident in question arose as a result of a lack of judgement without criminal intent on the part of the subject member. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. In 32 files (54 per cent), the primary complainant was external to Victoria Police. Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). Comment on action taken in relation to identified policy or procedural issues. 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.