If no: Reason for disagreeing with reclassification. He requested consultation with the Assistant Commissioner PSC. This issue is discussed further in section 3.3.3.3. Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. Five IBAC officers undertook the auditing process. 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. a driving under the influence incident in which officer B was detected driving erratically and asked the intercepting officers not to conduct a breath test. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. became involved in a verbal altercation with a passer-by, escalated the incident by taking hold of the passer-bys arm, advancing towards him and punching him in the face with a closed fist causing him to fall with considerable force. Professional standards The principle of policing by consent relies on the trust and confidence that the public has in the police service and the wider law enforcement community. . Police misconduct in Victoria is defined in the Victoria Police Act 2013 and the IBACA to include: the failure or refusal to perform duties. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Contact Details . Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. Ph: (02) 5127 2020. It follows the Royal Commission into Family Violence, which recommended the Professional Standards Command review Victoria Police's policies and procedures relating to police employees and family . The audit identified 34 complaints that involved at least one relevant civilian witness. The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). The majority of complaints are referred to the regions, departments or commands for investigation. 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. The Central Military Commission ( CMC) is the highest national defense organization in the People's Republic of China. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. 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. The IMG notes that the circumstances of the investigation and the type of complaint will frequently control the order of interviews (however) as a general rule, interviews should be conducted in the following order: Of the 59 files audited, 43 (73 per cent) were recorded as automatically generated complaints.32 In instances where ROCSID recorded that the complaint was automatically generated, but also identified some other person as a complainant in any way, the other person has been counted as the primary complainant for the purpose of seeking clarification or providing outcome advice pursuant to section 172 of the Victoria Police Act. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. Were all relevant subject officers contacted? https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. The IMG states that PSC investigators must maintain an Interpose log detailing the status and progress of a criminal investigation and use ROCSID for monthly reporting purposes.27 The IMG notes that time spent on planning is never wasted and every aspect of the investigation must be carefully considered in the first instance and states that a detailed investigation plan should be prepared and submitted to the relevant manager for approval of all investigations.28. Do the actions in ROCSID reflect those in the final report and final letters? 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. Of the five complaints in which a targeted DAT was approved, none returned a positive result. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. This covers sexual harassment, gender and other forms of . not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. 69 VPMG, Complaint management and investigations, section 6.6. In one complaint the subject officer was a PSC investigator. 58 VPMG, Complaint management and investigations, section 12.3. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. 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. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. 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. The Division employs 54 investigators (FTE). Directory Home discrediting Victoria Police. Although these should have been included, they were not likely to alter the determination. Specifically: Most files did not contain notes detailing the strategies employed by PSC to mitigate an investigators lack of seniority. In 32 files (54 per cent), the primary complainant was external to Victoria Police. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. 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). A file note of the Assistant Commissioner PSCs decision indicates he was satisfied that the subject officer asked not to be breath tested and told junior officers there goes my job. fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. PSC investigators have been required to manage their complaint investigations on Interpose since 2006. 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. "Police may also deploy spray where a person is involved in violent or other physical conduct and likely to seriously injure themselves or result in suicide." The Age also obtained and compared the two letters sent to Ascui and Currie by the Professional Standards Command, Victoria Police's integrity unit, in response to their complaints . the third request was made a week after the second extension expired. Our focus is on preventing corrupt behaviours involving police employees. The review is a key recommendation of the Royal Commission into the Management of Police Informants. It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. This included: In 15 complaints, auditors found that key evidence relevant to the allegation was not considered, including LEAP records, CCTV footage, email or internet audits, and targeted drug tests. Contact was made with all relevant complainants in the majority of files (22 of 26 files, or 85 per cent) where a contactable complainant was identified. liaison with the Department of Health and Human Services (DHHS) about possible immediate risks concerning young people. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. Professional Standards Command. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. providing investigators with guidance and training on the Victorian Charter of Human Rights to assist in identifying human rights that have been engaged by a complaint or incident. Does the final report address human rights issues? . 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Of the 46 files that formally identified subject officers, 22 had attached a copy of a final outcome letter to the subject officers (48 per cent), however three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. Victoria Police will ensure policies are aligned to the outcomes of the review. 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). Was advice sought from the DAU or the OPP? One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. committing an offence which carries a jail term. Are extension requests and approvals attached to the file? This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. To address this, the investigator suggested that: At the earliest opportunity when the personal relationship breakdown was identified by management, a plan should have been implemented and conveyed to both parties outlining: Relationship breakdowns between married colleagues are not uncommon and Victoria Police is likely to encounter similar issues in future. 67 VPMG, Complaint management and investigations, section 6.6. One involved allegations of sexual harassment. Back to top . State Government of Victoria 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. 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. IBAC acknowledges that Victoria Police is undertaking a comprehensive review of its current drug testing regime in response to IBACs 2016 Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch. Comment on human rights issues that were or should have been addressed. 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. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. 18 Originally classified as minor misconduct, criminality or corruption. nine per cent of files had at least one allegation with a determination of substantiated. The guidelines also state that unless an investigation is classified as work file or a corruption complaint (C1-0 or C3-4), employees are to be informed in writing about the result of an investigation and the action taken or proposed to be taken unless to do so could jeopardise the investigation or future investigations.63. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. For the purpose of this audit, a formal investigation plan was considered to include any documents or information on the file that could be interpreted as formal pre-planning for the investigation. The IMG notes that where investigations reveal and recommend discipline action investigators should consult the DAU to establish the requirements in proving the alleged breach [noting that] consultation at the earliest opportunity is essential for expedient resolution.51. It is not clear from the file whether this recommendation was actioned by Victoria Police. to support and promote the continuing education . Victoria Police command welcomed the introduction of the Victorian Human Rights and Responsibilities Act in 2006 and have been driving a substantial part of this positive cultural change with new training emphasising human rights, new command structures, and new ethical, human rights and anti-discrimination guidelines and policies. 7 Victoria Police Act 2013, s 170(1) and (3). That officer had been admonished for improper behaviour while intoxicated 18 months earlier. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. 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. These types of allegations warrant notification to IBAC. No further explanation could be identified on the file. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. 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. Corporate and Regulatory Services. Auditors considered that evidence was only partially considered in five complaints. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. All of which . CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. More allegations were substantiated in this audit compared with IBACs 2016 audit. 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). For instance, in one matter a criminal brief of evidence was prepared but not authorised on the basis that the victim of the alleged assault declined to press charges. Your duties will include: Run reports and prepare briefings. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. a department head (generally an Assistant Commissioner) for subsequent extensions. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. work file (C1-0) or correspondence (C1-6) classifications for matters that raised clear allegations involving an identifiable subject officer from the outset (11 files). complaints and disclosures about police misconduct and . Potential precedent setting decision with medium risk'. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. 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. At other times, a link might contain a large number of documents under a general description, such as G drive documents. The subject officer was ultimately provided with workplace guidance in relation to the consumption of alcohol and situational awareness as a police officer. . If yes: Note any issues identified in IBAC review and how they were addressed by Victoria Police, Most substantial determination recorded in ROCSID. If no: Reason for disagreeing with the number of allegations. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. The final report acknowledged the original investigation would not have been considered adequate in the current environment. Were disciplinary and/or criminal charges laid? 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. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. Auditors noted that a number of files audited suggested that Victoria Police has strengthened its approach in investigations of allegations of sexual harassment and sexual assault. a decision not to involve the children of a subject officer (one file). An admonishment notice was issued in relation to three files (six allegations). An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. In a matter that involved a total extension period of 255 days: the first extension request was made four months after the initial 152-day time frame expired for a C3-4. 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. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. Were the final determinations appropriate? for intelligence purposes was the most common determination on a file basis (22 per cent of files). The issue was first raised by Victoria Police employees and was promptly referred to . 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. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. 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). a significant number of total complaints (four files). If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. In these matters it is assumed that the complainant is not personally aggrieved. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . 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). This included files that contained: Interpose also has the capacity to log avenues of enquiry pursued by an investigator (such as contact made with subject officers, complainants and witnesses). Issues were identified with the documentation included on all 59 files audited. failed to notify police or offer assistance to attending officers on becoming aware of the assault. This decision effectively circumvented the requirement to consult with the OPP. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? Comment on consideration of subject officers relevant complaint histories. 62 VPMG, Complaint management and investigations, section 6.1. Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. 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. 65 C 2-1 minor misconduct, C3-2 misconduct connected to duty and C3-3 criminality not connected to duty complaints. In April 2018 IBAC finalised the recommendations in this report following further consultations. This included: IBAC auditors also identified two matters where the subject officer was advised that an allegation was either not proceeded with or not substantiated, while ROCSID records those allegations as substantiated. At the end of the interview the corroborator advised the subject officer that the outcome of the investigation is not a decision I can make [and that] any investigations that deal with inspectors [go to the] superintendent and/or the assistant commissioner [because] it wouldnt be right for me to be sitting here judging or deciding what should happen to a fellow inspector. However, the only indication of that review is a handwritten note by the investigation manager which states it has been confirmed with DAU that no discipline action was required. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). Are outcome letters to subject officers attached to the file? It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. 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 determination was ultimately changed from exonerated to not substantiated.