professional standards command victoria police professional standards command victoria police

mentioned human rights in some way but failed to identify human rights issues relevant to the file (14 files), failed to address human rights issues at all, including human rights issues relevant to the file (three files). Three files in the audit concerned issues arising from a personal relationship breakdown between two officers who had lived and worked in a regional area for more than two decades. Does the audit officer agree with the count and identification of members complained against? Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. No attempt was made to test the veracity of the allegation based on the information available to police. For information on reporting options and support available for victim survivors, visit our Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. Effective communication with relevant parties is an essential part of any investigation. However, auditors also considered that the nature of the allegations (which are recorded in ROCSID) were clarified in a further 14 work files that were not reclassified. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. Comment on reasons for and/or length of extension. While not formally documented using form 1426, various emails and other notes on the file suggest that the file was allocated to an officer in the PCU who was considered to be sufficiently removed from Investigations Division. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. 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. Complaints can help identify organisational issues and opportunities for professional development. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. 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. In two of those files, specific officers were mentioned (without noting that they could be witnesses), while the third file noted that the incident occurred at a police function where attendees could have been identified, but were not. Issues identified with classification involved the use of: The C1-0 classification is officially a work file classification,13 which is used for allegations that require preliminary inquiry and assessment before a full investigation can be conducted.14 In the absence of further guidance to indicate what is required before a full investigation can be conducted, auditors took the view that there was no reason for a matter to remain a work file once clear allegations and subject officers could be identified.15. This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. 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 . The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. History Background. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. Comment on action taken in relation to identified policy or procedural issues. Following IBACs audit of complaints investigated by PSC, IBAC recommends that Victoria Police: IBAC also reiterates recommendations made in IBACs Audit of Victoria Police complaints handling systems at regional level (2016) and Audit of Victoria Police oversight files (2018) in relation to: Victoria Police has accepted IBACs recommendations and IBAC will monitor their implementation. Does the audit officer agree that this period of extension/suspension was approved? Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. 5 Victoria Police Act 2013, s 169(2) and (3). 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). 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. PSC has advised that while there are no guidelines governing the completion of the checklist, the template is being reviewed following IBACs regional audit and PSC considers that there has been constant improvement in relation to quality control. Family violence or sexual offences perpetrated by a Victoria Police employee; About. As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. other matters by direction of the Assistant Commissioner PSC. complainants in 22 of the 26 files (85 per cent) that identified a contactable complainant, civilian witnesses in 18 of the 34 files (53 per cent) that identified a contactable civilian witness. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. Conflicts of interest were generally poorly addressed. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. It operates within the Chinese Communist Party (CCP) under the name "Central Military Commission of the Communist Party of China", and as the military branch of the central government under the name "Central Military Commission . Conduct and Professional Standards Division, Sexual Offences and Family Violence Unit (SOFVU), Intelligence, Innovation and Risk Division, Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage, VPM - Family violence involving Victoria Police Employees, Contractors, service providers and security clearances, Decriminalisation of Sex Work in Victoria, Publications, strategies and corporate information, Access and Inclusion Action Plan 2023-2024, Code of Practice for the Investigation of Family Violence, Family Violence, Sexual Offences and Child Abuse Strategy, Workforce Diversity and Inclusion Framework 2023-2030, Aboriginal Youth Cautioning Program (AYCP), National Police Remembrance Day and Memorial, Past and Present Women Police Association, Work experience, traineeships and employment schemes, Staying safe at school leaver celebrations, National police checks and fingerprinting, Unwanted sexual and anti-social behaviour on public transport, Change or suppression (conversion) practice, Family violence or sexual offences perpetrated by a Victoria Police employee, Police Assistance Line and Online Reporting, maintain community trust and confidence to ensure that we can continue to serve the community and uphold the law. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). 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). Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. The subject officer was ultimately provided with workplace guidance in relation to the consumption of alcohol and situational awareness as a police officer. Following a review of this matter by IBACs Assessment and Review team, IBAC wrote to Victoria Police noting the reasons for providing workplace guidance were not documented. Comment on policy or procedural issues that were or should have been identified. Was a conflict of interest otherwise identified by Victoria Police? https://www.vic.gov.au/copyright.html, Disclaimer Notice: In total, 12 subject officers were criminally interviewed. 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. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. Comment on final letter or advice to the complainant. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. Section 127(2) of the Victoria Police Act states that the obligation to consult with the OPP applies if the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. overstated the number of allegations in ROCSID (two files). However, Victoria Police did not formally recommend action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPM complaint management and investigations guidelines.58 This is a missed opportunity to formally document, improve and address issues. sufficient evidence to substantiate an allegation in circumstances where determinations of not proceeded with, withdrawn, unable to determine or not substantiated were reached (four files), as discussed in case study 16. highlighted significant doubts that the subject officer would loan his personal riding gear to an unknown person, noted that the officers address was not part of the advertisements, meaning that the rider must have contacted the officer to arrange a test drive. 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. Until recently, that notification did not include C1-0 files as they are not considered complaints. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). 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. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. By changing the allegation from one of concealment to one of failing to account, the supervisor effectively shifted the focus from the location of the items, which could be substantiated (given that the items were in fact hidden in the ceiling cavity), to one of responsibility for property, which could not be substantiated (given that the investigation was not able to determine who was responsible for those items). The governance will impact the Professional Standards Command which will have force wide impact. The final report acknowledged the original investigation would not have been considered adequate in the current environment. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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). a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. IBAC auditors were not able to locate formal written advice on four of the 11 files that contained some indication that advice had been sought from the Discipline Advisory Unit (DAU). Of the 10 disputed work files: Two files remained work files even after criminal interviews had been conducted, at which point it is arguable that the allegations had crystallised sufficiently to warrant reclassification. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. Our focus is on preventing corrupt behaviours involving police employees. Were interviews with subject officers conducted at the end of the investigation? In another matter, the Assistant Commissioner PSC appears to have authorised non-disciplinary action, namely workplace guidance in a matter involving a Schedule 4 offence. PSC is comprised of the following five divisions: Conduct and Professional Standards Division is the 'front door' for PSC and consists of three units: For further information about making a complaint, visit our complaints page. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). Auditors identified issues with the information recorded in ROCSID in relation to 19 files. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. The file does not contain any notes to indicate why the subject officers wife was not contacted. 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. 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. 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. complaints and disclosures about police misconduct and . While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. ROCSID categorises an officers involvement in a complaint in two ways: At present Victoria Police does not have a formal policy to determine when complaint histories should be considered. This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. 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. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. 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. Does the final report identify any policy or procedural issues? This is not the case. Auditors considered that evidence was only partially considered in five complaints. To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. 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. 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. Date in ROCSID when investigation was completed. For example, in one matter it appeared a relevant witness was overseas, and in another the witness had already been interviewed by other police. 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. The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. The OPP agreed and the matter proceeded to discipline hearing. This includes working to deter and investigate employees involved in criminality or misconduct. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. 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). . These matters suggest Victoria Police is adopting a serious approach to dealing with allegations of sexual harassment and sexual assault, and is sending a clear message to both victims and offenders that Victoria Police will not tolerate such conduct. IBACs 2016 audit of Victoria Polices complaint handling at the regional level found that where action was recommended, it usually took the form of management intervention. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. Issues were identified with the documentation included on all 59 files audited. the second request was made two months after the first extension expired and four days after the subject officer was served with an admonishment notice. A report was made to police about an aggravated burglary. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. Specific allegations are not identified or highlighted by the PCU. This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. The goal of the PRSB is to support the journey of policing towards being a full profession. This included two matters in which discipline charges were downgraded to management action and two matters in which Victoria Police did not consult with the Office of Public Prosecutions (OPP) despite establishing a reasonable belief that a reportable offence had been committed. In that matter, a complaint involving an allegation of off-duty assault was allocated to an investigator who had three allegations of assault recorded in his complaint history (although none were substantiated). 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. Figure 6 summarises the determinations reached in the 59 files audited. The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. Potential precedent setting decision with medium risk'. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. 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. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. Officers who are either witnesses to suspected misconduct or corruption, or the victims of such conduct, must be supported to make complaints about their colleagues. 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. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. Do the actions in ROCSID reflect those in the final report and final letters? The audit did not identify any issues with the 12 outcome letters to complainants that were located on files, all of which were considered to adequately explain the results of the investigation and action taken.