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. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. A complaint alleged that an officer was detected riding his motorbike recklessly, noting that senior management were aware of the incident but did not take any action because they do not want the intercepting sergeant to be charged for failing to charge [the rider] and giving false information to communications. An altercation then ensued, with Officer B attacking Officer A. He requested consultation with the Assistant Commissioner PSC. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 files. While 51 of the complaint investigations audited by IBAC (86 per cent) were managed on Interpose and contained activity log details, auditors were only able to identify a formal investigation plan on 12 files (20 per cent). See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. Of the 59 files in the sample 10 were reclassified. lessening public confidence in Victoria Police, or. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). Our focus is on preventing corrupt behaviours involving police employees. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. 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. Victoria Police say the incident will be investigated by the Professional Standards Command. It takes courage to make a complaint against a fellow officer and every effort should be made to encourage officers to speak up when they see something that is not right and to support them through the process. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. The PRSB explored this theme in its paper, Towards a Shared Vision of Police Professionalisation in Victoria (2016/17). 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. 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. 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. In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. The guidelines state the request for extension and the approval must be attached to the file.67 PSCs standard operating procedures state that extension requests, approvals and rejections must be recorded in ROCSID.68. This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. 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. 66 This matter was ultimately classified as a work file. 45 Percentages may not add to 100 due to rounding. a significant number of total complaints (four files). Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). Was there any delay in classification and/or allocation? While not relevant to any particular file investigated, auditors identified three PSC investigators with complaint histories that raised general probity issues, including: Given PSCs role investigating the conduct of Victoria Police officers, its investigators should be of excellent character to ensure that complainants, subject officers and others have confidence in the process. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. While PSC may be physically removed from other areas of Victoria Police, its officers are not immune from potential conflicts of interest. This complaint was classified as a work file. All complaints are received, processed and classified by the PCU according to the VPM.11 Classification is important because it plays a role in determining what matters are retained by PSC, what matters are notified to IBAC, what allegations are recorded in a subject officers complaint history in ROCSID, and the time frames that apply to the investigation. 64 C1-0 work files and C3-4 corruption complaints. 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). 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. PSC also obtained details of the subject officers online advertisement and statements from the two people who responded to the advertisement, including the purchaser, who picked the motorbike up the day after the speeding ticket. Of the 18 allegations that were effectively substantiated, workplace guidance was the most common action recommended (nine allegations) followed by admonishment (six allegations) and discipline hearing (four allegations). High quality education and training qualifications and programs. 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. PSC should be the exemplar for complaint investigation within Victoria Police. The audit identified 28 complaints that involved at least one relevant police witness. It is therefore important that investigations are conducted in a timely manner. a department head (generally an Assistant Commissioner) for subsequent extensions. In the course of preparing criminal charges against a subject officer for obscene exposure, PSC identified a separate sexual harassment issue, created a separate work file and undertook preliminary enquiries to identify relevant victims and complainants. The body notified IBAC about the allegations against Rosenblum . However, the Tasmanian Integrity Commissions 2016 audit also noted that when substantiation rates were broken down, 44 per cent of the more serious Class 2 allegations (usually handled by PSC) were sustained, while only seven per cent of the less serious Class 1 allegations (which are usually handled at the regional level) were sustained.47. 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. An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit. 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. IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. If yes: Where were the planning documents found, Comment on planning documents (or lack of). 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. 34 Percentages may not add to 100 due to rounding. In response to concerns raised by IBAC, Victoria Police has taken a number of steps to improve its management of conflict of interest issues in complaint investigations, including the introduction of a revised conflict of interest form and requiring all Assistant Commissioners and Department Heads to lead a discussion with leadership teams in relation to addressing conflicts of interest in complaint investigations. recognise that a victim can and should be protected under the Victoria Police Act if detrimental action results, rather than suggesting it is in the public interest not to pursue a matter to avoid the possibility of detrimental action. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. . The file was treated as a protected disclosure to protect and manage the complainants and witnesses. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. This includes working to deter and investigate employees involved in criminality or misconduct. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. Sixteen files (27 per cent) were identified as involving risks that required interim action. 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. The other involved allegations of declarable association, secondary employment without approval and reckless purchase and handling stolen goods in circumstances where the investigation could not establish reasonable belief. Family violence or sexual offences perpetrated by a Victoria Police employee; About. A couple of years after the first Europeans settled there, in September 1836 the area around Melbourne, known as the District of Port Phillip, became part of the colony of New South Wales . While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. 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 . hitting a 16 year old in the head during arrest, and. That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. 35 VPMG, Complaint management and investigations, section 6.2. 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). 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. When contacted by the local CIU, the subject officer told detectives he did not know the victim well and had only met him for the second time when he visited the victim at his apartment for a drink (on one of the days that the party took place). This matter is discussed in case study 24. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. The Professional Standards Bureau contains a variety specialized units. https://www.vic.gov.au/copyright.html, Disclaimer Notice: This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC. Two of the five complaints that did not record reasons for the lack of contact contained notes suggesting the investigator intended to contact the subject officer, but there was no indication in the final report that such contact had been made or an explanation why the proposed action was not pursued. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. IBAC will now monitor how Victoria Police implements these recommendations. One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. 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. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. 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. Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. 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. Supporting police professionalisation. It is not clear why PSC closed the file without investigating the extent of the association. In 32 files (54 per cent), the primary complainant was external to Victoria Police. Was the complainant updated on the progress of the investigation? 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. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. This is illustrated in case studies 27 and 28. IBAC continues to liaise with Victoria Police on this issue, emphasising the important role rigorous conflict of interest processes play in demonstrating impartiality in complaint investigations. 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. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. In terms of oversight, documentation is the primary way IBAC can assess the extent to which Victoria Police appropriately identifies and manages conflicts of interest. Was a formal investigation plan prepared from the outset? That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. No further explanation could be identified on the file. 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. Run reports and prepare briefings. 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). 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). One complaint of criminality not connected to duty (C3-3) contained notes to indicate it was not necessary to formally advise the subject officer of the outcome because he received workplace guidance in 2011 after admitting to the allegations. Comment on reasons for and/or length of extension. Has any action been taken to progress recommendations in relation to issues identified? These types of allegations warrant notification to IBAC. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. As shown in Figure 2, of these 22 files, a member of the public was the primary complainant in 14 matters. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022.
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