Auditors considered this appropriate. 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. Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. In an attempt to identify the subject officer the PSC investigator: Based on the available information, the investigator compiled photo boards of possible suspects as they would have appeared at the time of the incident. Reasons were recorded for not contacting relevant civilian witnesses in seven files. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. Notes on the file suggest that although more than one attempt was made to allocate the file to a PSC employee outside the Investigations Division, other areas of PSC did not have capacity to handle the matter. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. The issue was first raised by Victoria Police employees and was promptly referred to . All of the 59 files audited failed to include some relevant material in the file or in ROCSID. a decision to file the matter as intelligence using the work file classification (seven files), interviews having already been conducted by other (non-PSC) police (four files). Comment on differences between determinations in the final report, the final letters and ROCSID. 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. 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. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). The majority of complaints are referred to the regions, departments or commands for investigation. However, it is considered the decision not to consult in case study 23 on the basis that the then Assistant Commissioner considered there was insufficient evidence to support a conviction, defeats the purpose of section 127(2). The extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. discipline charges recommended by the DAU and/or investigators were downgraded by the Assistant Commissioner PSC in circumstances where there was a prima facie case to answer (two files). Issues identified in relation to record keeping on files included: All 59 audited files were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. providing a range of strategic and tactical intelligence products, educating our employees in appropriate ethical behaviours and the management of integrity hazards, the provision of the Integrity Management Program, policy coordination, risk planning and risk management/mitigation, responding to IBAC and other oversight body recommendations. spraying a woman with capsicum foam to bring about compliance during an eviction. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). People Development Command;Professional Standards Command;and Service Delivery Reform. It goes on to note that recommended action might include management intervention, no action, admonishments, discipline charges, criminal charges, action in accordance with the VPMG, managing underperformance, and/or action on any identified deficiencies in Victoria Police premises, equipment, policies, practices or procedures.48, If a complaint raises allegations involving a criminal offence, criminal proceedings must be pursued before starting disciplinary proceedings. 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. committing an offence which carries a jail term. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. 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. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. 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 was reflected in ROCSID as one allegation of Behaviour Improper Not specified. The review is a key recommendation of the Royal Commission into the Management of Police Informants. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. 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? If no contact but reasons given: What reason was given? 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. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. 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. In April 2018 IBAC finalised the recommendations in this report following further consultations. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. Of the 26 files in which a contactable complainant was identified, 14 had attached a copy of a final outcome letter to the complainants (54 per cent). However, in response to recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised that complaint histories for members involved are now attached to all complaint files forwarded to investigators. In total, 12 subject officers were criminally interviewed. 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. 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. 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. A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. The Division employs 54 investigators (FTE). Does the final report identify any policy or procedural issues? Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. resignation or termination of the subject officers employment before the complaint could be investigated (three files). While these requirements only appear to apply to criminal investigations, it would be prudent to prepare a plan for all of the serious and complex matters that make up most of PSCs investigations. After conducting preliminary enquiries, PSC concluded the matter did not require investigation and could be filed as intelligence on the basis that the former officer normally resided interstate. 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. Analysis of trends and patterns relies on complete and correct data. 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. Auditors considered that evidence was only partially considered in five complaints. Of the 42 files finalised as work files or corruption complaints (C1-0 and C3-4) in the sample, the majority 23 (55 per cent) were completed within the 152-day time frame, while 19 (45 per cent) took more than 152 days to complete. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). While this is useful as a means of reviewing actions taken, investigation plans should still be developed at the start of an investigation and amended as the matter proceeds. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. He requested consultation with the Assistant Commissioner PSC. While requests and approvals were not attached to 14 files (61 per cent), auditors noted that based on the information available on the file and in ROCSID: When approved extension periods were taken into consideration (regardless of whether auditors agreed with the reasons or the process followed), the audit identified 15 files (25 per cent) that were delayed beyond agreed time frames. 58 VPMG, Complaint management and investigations, section 12.3. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. What reasons were noted for extensions sought? (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. twenty-seven files that identified at least one subject officer but failed to attach the subject officers complaint histories, fifty-six files that did not attach a conflict of interest form or contain any other documents to indicate that conflicts of interest were otherwise considered, forty-seven files that did not contain a formal investigation plan, including two matters that involved the preparation of criminal or disciplinary briefs, nine of 11 files where advice was sought from the DAU but that advice was not attached, twelve files that identified a contactable complainant but did not attach a copy of the outcome letter sent to the complainant as required by section 172 of the Victoria Police Act. 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. Based on the available information, did the delay compromise the integrity of the investigation in any way? 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. 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. PSC retains the most serious and complex matters for investigation. In these matters it is assumed that the complainant is not personally aggrieved. Comment on progress updates to complainant. A complaint was later made alleging the subject officer relayed that information to her partner. 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. . The following is an example of a complaint that was closed prematurely without investigating the identified allegation, namely, whether the police officer had a declarable association. PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. The audit scope included all files classified as work files (C1-0) or corruption complaints (C3-4) as well as any other files that included an allegation of assault investigated and closed by PSC during the 2015/16 financial year. However, the value of the investigators analysis is questionable. Evidence was recorded as being partially considered if material (such as LEAP records, CCTV footage or call charge records) was attached to the file but involved a cursory review or had an inexplicably narrow scope. Case study 12 is an example of a matter where an investigators request for a DAT was declined for reasons that auditors did not consider appropriate. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. In March 2018 IBAC published an Audit of Victoria Polices oversight of serious incidents. All of which . Twenty-two were classified as work files or corruption complaints (C1-0 or C3-4) on closure which according to the VPMG means outcome advice to the subject officer is not required. 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. 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 review identified options and recommendations for improvements to Victoria Police practice and policies. 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. 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. The 62-year-old Staffieri was interviewed by officers from Professional Standards Command on April 26 over a post he made to senior project officer Bonnie Loft, who works with Gender Equality and . a qualified independent investigator in the member's Region or Command; an Investigator at Professional Standards Command; a team or work unit responsible for any policies or procedures you identify as a problem. Supporting police professionalisation. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. Your duties will include: Run reports and prepare briefings. Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . 45 Percentages may not add to 100 due to rounding. 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. While one file may have recorded a determination of not finalised in error, 13 work files recorded a determination of for intelligence purposes, suggesting this is not a one-off administrative error. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. What evidence was or should have been considered? 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. other matters by direction of the Assistant Commissioner PSC. Was the investigation reviewed by a supervisor? Corporate and Regulatory Services. Sixteen files (27 per cent) were identified as involving risks that required interim action. A file that listed one allegation of duty failure but failed to list an allegation of improper conduct. While none of allegations listed above were substantiated, the officers complaint history should have been considered in its entirety, rather than processing each new complaint in isolation. Controls were put in place to maximise consistency in the audit process. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). Are extension requests and approvals attached to the file? 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. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. All complaints involving Victoria Police officers are assessed by PSC and classified according to the type and seriousness of allegations made. If workplace guidance or admon this arguably jumps the need for consult. for no documented reason (that is, there were no extension requests on the file and ROCSID either records the reason for the extension as admin requirement or as per monthly review or does not contain any reasons) (eight files), after the investigation report had been signed off and/or subject officer has been advised of the outcome (four files), because the investigator was on leave (three files). In recommending discipline charges, the DAU officer noted that CCTV showed the intoxicated subject officer: The DAU concluded that the CCTV footage shows the amount of force used by [the subject officer] was disproportionate to any threat posed by [the other party] and [the subject officers] actions could have resulted in [the other party] sustaining serious head injuries. Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. 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. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. 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. This includes working to deter and investigate employees involved in criminality or misconduct. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. In the first matter, the acting Assistant Commissioner PSC followed the investigators recommendation and consulted the OPP, noting he believed the matter should proceed by way of discipline hearing given the victims reluctance to give evidence at any criminal hearing in relation to the matter, which would reduce the likelihood of a conviction. In two files the investigator only contacted some of the relevant complainants. Material saved in the document container attached to the investigation was not named consistently. However, most if not all PSC investigators have worked in other areas of Victoria Police. Did the complaint give rise to any risks that warranted immediate action? a decision not to involve the children of a subject officer (one file). The mandate of the Professional Standards Section is to preserve the integrity of the Victoria Police Department and the Chief Constable's Office by ensuring that the conduct of VicPD members is beyond reproach. 35 VPMG, Complaint management and investigations, section 6.2. Your Duties Will Include. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. If no: Reason for disagreeing with the number of allegations. Victoria Police say the incident will be investigated by the Professional Standards Command. 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. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. IBACs audit therefore considered whether more general risk assessments were conducted in PSC investigations to identify issues that warranted immediate action (before completion of the investigation). This covers sexual harassment, gender and other forms of . Of these 64 files, 59 were audited.2 Hard copy files were audited and, where relevant, IBAC examined information stored on Victoria Police's Register of Complaints, Serious Incidents and Discipline (ROCSID) and Interpose, Victoria Police's investigation, intelligence and registry management system. Date in ROCSID when investigation was completed.
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