deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. 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. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. Were all relevant fields accurate and complete in ROCSID. 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. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. 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. On this basis, 12 files were considered to contain a formal investigation plan. 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. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. 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). (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . 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). The elements of professionalisation which underpin PRSB strategic direction and projects are: A body of policing knowledge which members contribute to and engage with through continuing professional development, sharing knowledge, techniques and research. Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. 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. 13 VPMG, Complaint management and investigations, section 1.1. 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. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. In one complaint the subject officer was a PSC investigator. IBACs 2016 audit of complaint handling at the regional level noted the importance of ensuring that investigators are of a more senior rank to subject officers. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. 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. 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. All of the work files in the audit contained serious allegations. Read the Guide to Registration Application and Assessment, Read the Guide to Transfer and Promotion Appeals, Learn about the Community of Practice for Ethics Education, Department of Justice & Regulation Victoria. If no: Reason for disagreeing with reclassification. Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. 42 VPMG, Complaint management and investigations, section 12.2. This is illustrated in case studies 27 and 28. 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 disagreed with the decision to reclassify the C3-3 file as a C1-0, noting that this conflicts directly with the instructions in PSCs SOPs which state that if a matter was originally a C3-2 matter but was unfounded or untrue, the matter still remains a C3-2 and should be finalised accordingly.20. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers complaint histories, including 14 files that discussed those histories in some way. IBAC acknowledges that Victoria Police is undertaking a comprehensive review of the current drug testing regime and has identified the need to review high risk areas within designated workplaces.60. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. These changes include undertaking a wide-ranging review of its complaint handling and discipline system as part of the response to VEOHRCs 2015 report on sex discrimination and sexual harassment in Victoria Police. maintain the ethical health of the workforce and reduce ethical risks and workplace harm. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. 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. 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: He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. While the audit did not identify any matters where delays clearly compromised the investigation, it is important that delays are minimised, given that involvement in a complaint investigation can be very stressful for both complainants and subject officers. IBACs 2016 audit of complaint handling at the regional level found that: The 2016 report also noted that Victoria Police undertook a review in 2012 which recommended that the system of determinations should be simplified to two possible findings, namely case to answer and no case to answer, noting that the current system of determinations can cause confusion and anxiety among officers. IBACs audit was undertaken to identify how PSC investigates serious complaints about Victoria Police officers, including allegations of serious misconduct and corruption. The PSC investigator verified that the three incidents involved: As a result, one allegation of pervert the course of justice was recorded in ROCSID against each police officer in relation to their attempts to avoid the speeding fine and the breath test. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. During 2015/16, 243 files (11 per cent of all matters received by Victoria Police in the period) were retained by PSC for investigation and 211 files were closed by PSC. 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. 53 If a file resulted in a number of different recommended actions, the recommended action for that file was identified according to the following order (which prioritises criminal and discipline proceedings over management action): court hearing, discipline hearing, admonishment, counselled formally, counselled informally, workplace guidance, performance improvement plan, performance monitoring, conciliated, accepted explanation, satisfied with action, no action, and filed as intelligence. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. 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. The VPM complaints and discipline policy requires investigators to be aware of impartiality issues and provides guidance around how to respond to conflicts of interest.26. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. However, targeted drug and alcohol tests could not be conducted because the employees worked in Record Services Division (RSD). In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. 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. . twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. In these circumstances, it may have been prudent to reallocate the file. The majority of complaints received by Victoria Police are then referred to the Victoria Police regions, departments or commands for investigation. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. Notes on one file indicated that the public complainant, who was interstate, declined to participate further, while the other file involved a detailed report from the former officer in charge of a police station which did not require further follow up. If no: Reason for disagreeing with the number of allegations. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? While not formally documented using form 1426, various emails and other notes on the file suggest that the file was allocated to an officer in the PCU who was considered to be sufficiently removed from Investigations Division. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. If no: What was the primary reason for delay in 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. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. 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. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. 39 Details on the file indicate the complaint was posted on Facebook in June 2015, however PSC was not notified until 13 October 2015, after which the DAT was conducted on 29 October 2015. requiring investigation plans to be completed and attached to complaint files, noting that this is particularly relevant for the serious and complex matters that PSC primarily handles, requiring that the official conflict of interest form is completed for all investigation files, noting that PSCs independence from other Victoria Police work areas does not negate the need to identify and manage an investigators actual, potential and/or perceived conflict of interest in relation to a specific matter, reviewing the system of determinations to reduce and simplify determination categories, to help ensure clarity for investigators, complainants and subject officers. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. 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. In the absence of clear directions and effective process, a complaint management system such as Interpose is of limited use to managers and reviewers to actively monitor the progress and audit complaint files. 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. However, from September 2017 Victoria Police started notifying IBAC of these files. Only a small proportion of complaints those involving allegations of serious misconduct or corruption are investigated by PSC. Auditors took the view that these two matters should have been reclassified as corruption (C3-4) and criminality not connected to duty (C3-3) complaints respectively. 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 Intelligence, Innovation and Risk Division supports PSC in promoting a culture of high ethical standards throughout the organisation by: Support Services Division provides a range of tactical support to PSC Investigations Division. 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. 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. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Victoria Police has accepted all of the recommendations made in both these reports. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. 29 Victoria Police Act ss 126, 127 and 135. Of the 59 files in the sample 10 were reclassified. The Victoria Police intranet notes that while these interim action options are available, suspension should only be considered if the workplace risk cannot be mitigated. Of the 14 complaints where investigators did not contact subject officers but recorded reasons, reasons included: The decision not to contact subject officers when a matter is filed as intelligence appears to be supported by the VPM complaint management and investigations guidelines. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. This matter is discussed in case study 24. 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. Are extension requests and approvals attached to the file? 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. Comment on human rights issues that were or should have been addressed. the second request was made two months after the first extension expired and four days after the subject officer was served with an admonishment notice. 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. This complaint was classified as a work file. However, auditors also considered that the nature of the allegations (which are recorded in ROCSID) were clarified in a further 14 work files that were not reclassified. PSC concluded that this was not indicative of a high-risk driving culture within the division. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. Each unit serves specific functions and has unique responsibilities within Tempe PD. Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers full employee history report complaints and compliments (complaint history report), including 14 files that also discussed those histories in some way.25 A further 12 files discussed subject officers complaint histories but did not attach a copy. Complaint investigations are not an additional responsibility for officers attached to this unit (as they are for those investigating complaints in regions, departments and commands); rather, such work represents their core business. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. 60 IBAC, Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch, December 2016, Recommendation 1, and 30 June 2017 progress report from Victoria Police. As such, in all but the most exceptional circumstances (which should be documented), subject officers should be afforded an opportunity to respond to allegations, as a matter of procedural fairness. 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. In October 2017 Victoria Police accepted these recommendations in principle. results and any actions taken or proposed to be taken on completion of a complaint investigation. reviewed the victims medical records to narrow down the time frame for the offence, audited LEAP to identify any Victoria Police officers who had contact with the complainant during the relevant period, analysed rosters and details of officers who worked at the relevant police station. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. Seventeen warranted preliminary inquiries. list all identified members involved in ROCSID (seven files), correctly identify members involved in the investigation report or ROCSID (two files). The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. 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. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. how tall is abomination compared to hulk, ilang inches ang isang metro,