The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. a decision not to involve the children of a subject officer (one file). This includes working to deter and investigate employees involved in criminality or misconduct. The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. Victoria Police say the incident will be investigated by the Professional Standards Command. In the first matter, PSC investigated an allegation of assault involving two off-duty officers. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. only discussed human rights insofar as they related to the conduct of the complaint investigation process and the rights of the subject officer (three files). 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. Count of subject officers contacted by investigators, Count of subject officers who resigned during investigation. The majority of complaints received by Victoria Police are then referred to the Victoria Police regions, departments or commands for investigation. These types of allegations warrant notification to IBAC. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. Misconduct within Professional Standards Command . This is not the case. In terms of ongoing supervision, the IMG states that a progress report must be submitted to the investigation manager on a monthly basis along with a summary of the action required to complete the file.40. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. 35 VPMG, Complaint management and investigations, section 6.2. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . An entry was made in the subject officers PDA and he was directed to undertake additional equity and diversity training, and submit a 500-word essay on standards of behaviour. 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. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. If not notified: Should IBAC have been notified? Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. 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. However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. informal interim action in relation to 10 subject officers (10 files). The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Sixteen files (27 per cent) were identified as involving risks that required interim action. Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. The draft key findings were provided to Victoria Police, with a full draft of the report provided to the Deputy Commissioner Capability to confirm factual accuracy. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. overstated the number of allegations in ROCSID (two files). In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. IBAC plays a vital role in providing independent oversight of Victoria Police. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). Identify and report on risk across multiple data sets. Officer A told Officer B to do as requested and pre-pay the driver. 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. Your duties will include: Run reports and prepare briefings. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . When the provision was first introduced into legislation, parliamentary debate noted that the provision was intended to make the public confident that when a police officer is under investigation for a criminal offence a reference will be given, firstly, to the DPP to see if charges will be laid before the matter progresses any further, and secondly, to assure the public that the police will not be treated differently from the public at large.57. running sheet which states he obs[erved] MC on rear wheel exiting [street]. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. The investigators supervisor disagreed, expressing concern with the precedent it would set. Rather, the sample of 59 files includes all available C1-0 and C3-4 files and at least 10 per cent of the available C3-3, C3-2 and C2-1 files closed by PSC between 1 July 2015 and 30 June 2016 (selected on the basis that those files contained an assault allegation). 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). Canberra City ACT 2601. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). PSC concluded that this was not indicative of a high-risk driving culture within the division. A request for extension must be made before the due completion date and must be approved by: The guidelines also specify that extensions should not be granted for the following reasons: While an investigation can be suspended if a delay is caused by an external factor, the guidelines state that managers should first consider reallocating the file to another investigator.70. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . liaison with the Department of Health and Human Services (DHHS) about possible immediate risks concerning young people. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. Does the final report address human rights issues? In those letters the subject officer was: Of the 24 files that did not contain evidence to indicate that a final outcome letter was sent to the subject officer: Timely complaint investigation and resolution is a key element of a fair and responsive complaint handling system. The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. Our focus is on preventing corrupt behaviours involving police employees. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. Were interviews with subject officers conducted at the end of the investigation? This issue was also identified in IBACs Operation Ross which investigated incidents involving alleged excessive use of force by some Victoria Police officers at the Ballarat police station.23 In addition, IBAC is advised that PSC is currently undertaking a broader review of probity issues which may provide further clarity in relation to how complaint history information is considered by investigators.24. Start your journey with us and apply today! Contact. 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. This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. Run reports and prepare briefings. 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 six files that took more than 20 days to allocate included one file that took 211 days to allocate to an investigator, due in part to the fact that the subject officer was attached to PSC Investigations Division. 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. 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. In the subject officers statutory declaration, he nominated an unnamed person as the driver. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. Professional Standards Command - Victoria Police 3y behaving disgracefully or improperly whether on or off duty. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. Based on the items in those two lists, the audit assessed whether the following types of evidence were relevant to the complaint and if so, whether it had been considered by the investigator, namely: Auditors also noted any other information considered and assessed, and whether all relevant evidence was considered. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). IBACs role includes: The Victoria Police Act 2013 provides a legislative regime in relation to complaints about police.4 Under the Victoria Police Act, Victoria Police is required to: After IBAC receives a complaint investigation report from Victoria Police, IBAC may also request that the Chief Commissioner take action that IBAC considers appropriate. PSC retains the most serious and complex matters for investigation. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. 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. He requested consultation with the Assistant Commissioner PSC. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. Of the 59 files audited, 46 files (78 per cent) formally identified at least one member involved in ROCSID, while 13 files (22 per cent) did not identify any subject officers. However, the higher substantiation rate for allegations investigated by PSC may be due in part to the fact that matters retained by PSC for investigation are more likely to result in charges or other discipline action if substantiated. Comment on final determinations that are not considered appropriate. It is understood that this review should address some of the issues identified in this audit. 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. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Figure 6 summarises the determinations reached in the 59 files audited. The police also urged any witnesses to contact a helpline. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. 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). It is not part of the statutory discipline regime and is an alternative to the formal discipline process. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. Was there any delay in classification and/or allocation? 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. 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. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. This decision effectively circumvented the requirement to consult with the OPP. . In the following matters (previously discussed in case studies 22 and 23) IBAC auditors considered that PSC could have done more to support the police victims and promote a culture of integrity. While it is not always possible to identify the relevant police officers, investigators should take reasonable steps to pursue available lines of inquiry. That file contained two conflict of interest forms: one completed by the initial investigator who noted that he supervised the subject officer for two years (resulting in the file being reallocated), and one completed by the investigator who completed the matter, and who noted that he did not have any conflicts. 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. In a further two files the investigator did not contact any of the relevant complainants. 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. In seven of these files, it was stated that contact was not required in relation to a work file. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . classified and sorted) by the Police Conduct Unit ( PCU ), which is a unit of the PSC. Date in ROCSID when investigation was completed. complaints and disclosures about police misconduct and . The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . nine files that did not correctly identify or list all identified subject officers, seven files that recorded an invalid determination, three files that recorded invalid actions or failed to record all the actions recommended in the file. The matter was thoroughly investigated by PSC and ultimately identified six instances of sexual harassment which resulted in the approval of a DCN by the Assistant Commissioner PSC. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. The Division employs 54 investigators (FTE). According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. 2 Victoria Police Professional Standards Command, 2.2 Legislation and policies relating to Victoria Police complaints and investigations, 3.1.2 Characterisation of allegations and classification, 3.1.4 Identification of police officers who are the subject of the complaint, 3.3.5 Outcome advice to complainants and subject officers, 3.4.2 Registration, classification and allocation. Formal interim action recorded in ROCSID included: Interim action was not taken by Victoria Police in relation to identified risks in one matter involving allegations of sexual harassment because the subject officer was already suspended with pay for a separate complaint. hitting a 16 year old in the head during arrest, and. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. This included: If Victoria Police concludes that an allegation cannot be proven based on the available information, but suspects that there may be some substance to the allegation, a valid determination (such as unable to determine) should be made. . 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. for intelligence purposes was the most common determination on a file basis (22 per cent of files). 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. given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings.

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