The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. IBAC also acknowledges that Victoria Police has recently taken steps to improve the identification and management of conflicts of interest in complaint investigations, including through the introduction of a new form. IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. 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. Sixteen files (27 per cent) were identified as involving risks that required interim action. Auditors noted that an investigator could then recommend that the matter be filed for intelligence if the content was considered to be of value for intelligence purposes. Your Duties Will Include. We will verify the details you have sent, and correct the record if necessary. advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. This process should ensure IBAC is notified of all work files. 50 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, pp 11-12 notes that that audit identified two complaints where Tasmania Police did not follow the principal legal officer recommendation to seek advice from the DPP; NSW Ombudsman 2016, Annual Report 2015/16, pp 48-49 notes that the agreement between the NSWPF and the DPP should be revised to provide police officers with better guidance about the types of matters that require consultation with the DPP. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. That MOU is only concerned with offences that relate to section 227 of the Act, namely, summary offences involving unauthorised access to, use of or disclosure of police information.56 Victoria Police also advised that based on discussions with the DPP in 2016, the Assistant Commissioner PSC only consults where it is considered there is sufficient admissible evidence to inform a reasonable prospect of conviction. 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. In an email to his manager, the investigator advised that his recommendation was based on verbal advice from the DAU that no further action was required because it would not be abnormal for a serving member to try to persuade the intercepting member to not take action (ie PBT/speed). One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. Were disciplinary and/or criminal charges laid? 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. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. 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. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. This included one matter where the DAUs initial advice that no action was necessary was queried by the investigators supervisor, then changed to a recommendation for discipline action which was not authorised by the Assistant Commissioner PSC, as discussed in case study 21. Potential precedent setting decision with medium risk'. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. The investigator could have, but did not review: The complaint was closed with a determination of not proceeded with when the complainant failed to attend a pre-arranged meeting with the PSC investigator and a DHHS representative. An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. 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. The majority of complaints received by Victoria Police are then referred to the Victoria Police regions, departments or commands for investigation. That report made recommendations in relation to Victoria Police complaint handling processes. member involved refers to an officer who is the subject of a complaint or a performance issue. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. PSC concluded that this was not indicative of a high-risk driving culture within the division. seven of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected to duty (C2-1, C3-2 and C3-3) (41 per cent) were completed within the 90-day time frame, while 10 (59 per cent) took more than 90 days to complete. In that matter the complainant raised concerns that a police officer was associating with outlaw motor cycle gang (OMCG) members, and made a public comment in relation to a police project on social media. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. 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. Given that the criminal investigation had not reached its conclusion, it would have been prudent to conduct a targeted DAT as requested by the investigator, noting that this could have provided Victoria Police with further grounds for dismissal. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. Identify and report on risk across multiple data sets. Figure 7 summarises the recommended action in the 59 audited files. To ensure that a criminal prosecution is not compromised by disciplinary proceedings, section 127(2) of the Victoria Police Act provides that Victoria Police must consult with the OPP before charging an officer with a breach of discipline if Victoria Police reasonably believes that the officer has committed a reportable offence (as described in Schedule 4 of the Victoria Police Act).49, Reviews of police complaint handling in Tasmania and NSW note that the more serious an allegation is, the more important it is to ensure that the investigation is handled independently and that independent advice is sought. After 16 fantastic years as a frontline operational police member, I am fortunate to move into my new role, at a new rank, as Inspector at Professional Standards Command in Victoria Police. service of a show cause notice as to why the officer should remain employed by Victoria Police, drug testing (without any formal interview or statement). 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. Ethics and Professional Standards Officers - EPSOs are a network of inspectors that provides direct support to regions, commands and departments for the management of integrity files and professional ethical standards across the organisation. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. 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. 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. 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. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. . In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. Of the 10 disputed work files: Two files remained work files even after criminal interviews had been conducted, at which point it is arguable that the allegations had crystallised sufficiently to warrant reclassification. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The audit identified 34 complaints that involved at least one relevant civilian witness. Two files involved allegations that unsworn Victoria Police employees were using drugs. Admonishment notices are intended to be used when there is a minor breach of discipline and may be issued by a supervisor or a PSC investigator. If not notified: Should IBAC have been notified? 15 The lack of an identifiable subject officer should not preclude an investigation; however, for the purpose of the audit these two criteria were used to identify matters that should have been classified as C2-1, C3-2, C3-3 or C3-4 complaints from the outset. Reasons for decisions are easier to explain when all the details are maintained on file. Tasmania Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, reported an average substantiation rate of 16 per cent for the 1,010 allegations finalised over 2013-15, p 8. Conflicts of interest were generally poorly addressed. However, from September 2017 Victoria Police started notifying IBAC of these files. Master of Arts (MA) with distinction in criminology and criminal justice from the University of the Fraser Valley focusing on BC municipal police deviance, misconduct, and corruption. Does the audit officer agree with the characterisation of the allegations? 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. Of the 59 files in the sample 10 were reclassified. This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. 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 . However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. to support and promote the continuing education . 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. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. The audit aimed to assess how the most serious complaints are handled by PSC. Comment on consideration of subject officers relevant complaint histories. PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. 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. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. Go to the police website (www.police.vic.gov.au) and follow the ' Compliments and complaints ' link. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. . That officer had been admonished for improper behaviour while intoxicated 18 months earlier. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). In one complaint the subject officer was a PSC investigator. Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. In another, the Assistant Commissioner PSC determined that consultation was not required because the assaults on civilian victims only involved summary assaults while the police victim was unwilling to proceed with criminal charges even though the requirement to consult is predicated on reasonable belief that the offence has been committed, not reasonable belief that the charge will be successful at court. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. 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. Based on the available information, did the delay compromise the integrity of the investigation in any way? However, IBAC only became aware of this complaint as a result of the audit. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. 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. 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. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. In March 2018 IBAC published an Audit of Victoria Polices oversight of serious incidents. This covers sexual harassment, gender and other forms of . However, most if not all PSC investigators have worked in other areas of Victoria Police. The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. In five matters, it was apparent that the difference in the determinations recorded in ROCSID and the file was due to the determination (and on occasions the allegation) being changed on review. Professional Standards Command. https://www.vic.gov.au/copyright.html, Disclaimer Notice: insufficient evidence to support determinations of exonerated, withdrawn, not substantiated and unfounded (six files) for example, two drug use allegations were determined to be exonerated and unfounded without conducting a drug test or putting the allegation to the subject officer. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. Once allegations have been identified that warrant classifying the matter as a notifiable complaint, it is not clear why it would ever be appropriate to later reclassify the complaint as a work file. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation. 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. While the investigation was not able to positively identify the offender, auditors considered that the investigation was thorough and exhausted all available avenues of inquiry. 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 identified issues with the information recorded in ROCSID in relation to 19 files. Were all relevant civilian witnesses contacted? 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. As a result of a recommendation IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, Victoria Police advised IBAC that a blank conflict of interest document is now attached to all hard-copy files or uploaded onto Interpose for complaint investigations.