professional standards command victoria police
Based on the available information, did the delay compromise the integrity of the investigation in any way? However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. Overall: The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files audited was comparable to the overall substantiation rate of 16 per cent for Tasmania Police and 17 per cent for NSW Police (on an allegation basis),46 and double the nine per cent substantiation rate (on a file basis) in the 2016 regional audit. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. All of which . complainant failed to make or return contact with the investigator, ten files that noted reasons for delays which included liaison with police in other jurisdictions, time taken to consider reparations for the complainant, complexity of the file including subsequent counter complaints, geographical distance, pending legal proceedings or advice from the OPP and competing work pressures, three files that did not note the reasons for delays, all of which involved delays of only a few days or weeks. Unfortunately, PSCs handling of the matters outlined above suggests that Victoria Police does not sufficiently value employees who identify issues or make complaints about colleagues by failing to sufficiently: Indeed, in both matters investigators were at pains to note that the police victim declined to make a complaint and only provided investigators with details when directed to do so, perhaps perpetuating the idea that a good police officer only reports the poor conduct of others when required to do so. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). 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. Auditors disagreed with the recommended action in nine files (15 per cent) on the basis that: In the following case study, an admonishment notice was issued for conduct that IBAC auditors considered to warrant a discipline charge. If no: Reason for disagreeing with the number of allegations. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. 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. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. Professional Standards Operations Monitoring Centre. Once classified, the PCU creates a file and enters preliminary details in ROCSID. If Victoria Police reasonably believes that an officer has committed a reportable offence (of the kind listed in Schedule 4 of the Victoria Police Act) Victoria Police must consult with the OPP before charging the officer with a breach of discipline. If no contact but reasons given: What reason was given? In the course of preparing charges against a subject officer for wilful exposure, PSC became aware of other allegations of inappropriate sexual conduct by the same subject officer over a period of time. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. 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]. 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. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. 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. Victoria Police is obliged to notify IBAC of complaints received about corrupt conduct or police personnel misconduct by a Victoria Police employee or police recruit.22 In practice, an automated email is sent to IBAC by Victoria Police when a file is classified as a notifiable C2-1, C3-2, C3-3 or C3-4 complaint. 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. In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. 62 VPMG, Complaint management and investigations, section 6.1. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. 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). fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. 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. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. Overall, 56 per cent of files (72 per cent of allegations) resulted in no action,52 while a further 24 per cent of files (12 per cent of allegations) resulted in the matter being filed as intelligence.53. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. IBAC Insights provides quarterly updates, analysis and commentary, Follow us for the latest on our investigations, research and events, Information for Public interest Disclosure Coordinators, Discipline Advisory Unit (Victoria Police), Independent Broad-based Anti-corruption Commission, Victoria Police investigation, intelligence and registry management system, Law Enforcement Assistance Program (a Victoria Police database), Victoria Police professional development and assessment plan, Professional Standards Command (Victoria Police), An offence referred to in Schedule 4 of the Victoria Police Act, Register of Complaints, Serious Incidents and Discipline (a Victoria Police database), Victorian Equal Opportunity and Human Rights Commission, a matter uncovered during an investigation not forming part of the complaint laid (such as a failure to complete an official document), requiring remedial action, the weight of available evidence does not support the account of events as described by the complainant, but is weighted in favour of the account given by the employee Unable to determine the available evidence does not permit the investigator to establish whether the complaint is true or not, the complaint is not proceeded with, due to the unwillingness of the complainant to supply information but is unwilling to withdraw the complaint, or there is some other reason for being unable to take the complaint further, a complainant having made a formal complaint, of their own volition makes a request that the complaint investigation cease, a query or complaint by a person that is subsequently found to be an action sanctioned by law, or a complaint lodged by a third party which is denied by the alleged victim who has no complaint to make, the available evidence clearly establishes that there are no grounds for the complaint whatsoever, the evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame. However, from September 2017 Victoria Police started notifying IBAC of these files. Describe the charges laid (or recommended by the investigator, DAU or OPP if not pursued), Outcome of disciplinary and/or criminal proceedings (or details of how decision was reached if charges were not pursued). Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. While notes in ROCSID indicate the first extension was due to delays in data analysis and preparation of the briefs of evidence, no reasons were recorded for the last two extensions, both of which were made after the subject officer resigned. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. Two of the five complaints that did not record reasons for the lack of contact contained notes suggesting the investigator intended to contact the subject officer, but there was no indication in the final report that such contact had been made or an explanation why the proposed action was not pursued. IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. . Communication of progress and outcome to complainants, Communication of outcome to subject officers, Time taken to register, classify and allocate, Time taken to investigate and consequences of delays, Audit of complaints investigated by Professional Standards Command, Victoria Police, reviews the definition and use of the C1-0 work file classification, and formalises arrangements to notify IBAC of matters classified as work files, considers the checks undertaken and criteria applied when recruiting new PSC investigators as part of its review of probity issues, 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, ensures advice provided by the PSC Discipline Advisory Unit and reasons for key decisions, including those of the Assistant Commissioner PSC, are clearly documented and attached to the investigation file. Two files involved allegations that unsworn Victoria Police employees were using drugs. However, none of those files formally recorded action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPMG complaint management and investigations. 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). As well as being contrary to procedure, this lack of documentation made it difficult for auditors to assess whether extensions were justified, whether they had been approved by the appropriate officer and the length of extension that was granted. As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. Local management made enquiries with the victims (who all confirmed the inappropriate behaviour but declined to make a formal complaint or provide statements) and the subject officer (who made admissions). No attempt was made to test the veracity of the allegation based on the information available to police. The review is a key recommendation of the Royal Commission into the Management of Police Informants. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. Victoria Police say the incident will be investigated by the Professional Standards Command. 63 VPMG, Complaint management and investigations, section 6.2. 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. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. On the two days of the party, the subject officer was on rest days. 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 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. Your Duties Will Include. other matters by direction of the Assistant Commissioner PSC. one complaint of criminality not connected to duty (C3-3) that was reclassified as a work file on closure on the basis that PSC wished to retain the allegation for intelligence without alerting the subject officer to the complaint. ROCSID categorises an officers involvement in a complaint in two ways: At present Victoria Police does not have a formal policy to determine when complaint histories should be considered. results and any actions taken or proposed to be taken on completion of a complaint investigation. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. On this basis, 12 files were considered to contain a formal investigation plan. 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. Those associations may not actually cause an investigator to be biased, however there is a risk that a failure to consider any real or perceived conflicts could compromise an investigation and undermine PSCs standing as an independent complaint investigation unit within Victoria Police. Does the final report address human rights issues? a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. If not notified: Should IBAC have been notified? person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. 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.
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