One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. The audit identified 34 complaints that involved at least one relevant civilian witness. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. 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). Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. 5 Victoria Police Act 2013, s 169(2) and (3). At the conclusion of his investigation, the PSC investigator noted that station managements failure to intervene adversely affected morale at the station as well as the divisions service delivery. failed to notify police or offer assistance to attending officers on becoming aware of the assault. 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. 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). 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. Our focus is on preventing corrupt behaviours involving police employees. The investigation report contained details of the intercepting sergeants: In a statement, the sergeant stated the rider observed the police vehicle and immediately indicated I then cancelled the [request for assistance] as I identified the rider to be [the subject officer]. 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. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. PSC should be the exemplar for complaint investigation within Victoria Police. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. These types of allegations warrant notification to IBAC. 35 VPMG, Complaint management and investigations, section 6.2. 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. the minimum level of professionalism required by both members, the impact of their personal lives upon other members working at the station, consequences of any identified breaches of discipline or legislation (ie workplace bullying), welfare and counselling services available, negotiation by consent for a short-term transfer to neighbouring stations to mitigate any ongoing workplace tension, relevant PDA entries for both parties outlining the minimum professional standards required from sworn members both on and off duty without reference to their personal circumstance linked to a performance discussion. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. Reasons for decisions are easier to explain when all the details are maintained on file. Examples of matters identified by IBACs auditors that did not adequately identify allegations from the outset included: The audit also identified 13 matters where there were inconsistencies between the allegations recorded in ROCSID and the details recorded in the file. 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. As a result, PSC also failed to notify IBAC of the complaint. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. 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). A good complaint handling process must be transparent. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. In the subject officers statutory declaration, he nominated an unnamed person as the driver. Of the 27 files classified as work files (C1-0), auditors considered that: Consideration of complaint histories was inconsistent across the files included in the audit. 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. Some of these changes were appropriate, while others were not. The audit aimed to assess how the most serious complaints are handled by PSC. The office is also the Victoria Police Public Interest Disclosure Co-ordinator. However, most if not all PSC investigators have worked in other areas of Victoria Police. The Professional Standards Bureau contains a variety specialized units. Comment on reasons for and/or length of extension. 16 Allegations identified in those files included criminal associations, assault off duty, and drug use or possession involving identifiable police officers. 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 second request was made two months after the first extension expired and four days after the subject officer was served with an admonishment notice. 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. The Professional Standards Division was established under the Victoria Police Act 2013: to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for police officers, protective services officers and police reservists. Does the final report identify any policy or procedural issues? The following is an example of a complaint that was closed prematurely without investigating the identified allegation, namely, whether the police officer had a declarable association. Do the subject officers have complaint histories relevant to the current complaint? for intelligence purposes (15 allegations). On the two days of the party, the subject officer was on rest days. In each of those files auditors found that a determination of unable to determine or not proceeded with would more accurately reflect the investigation findings. That form contains four key questions that prompt the investigator to consider whether they currently or previously worked, socialised, trained or worked at the same location as any of the identified people in the investigation. 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). 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. 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. In total, 12 subject officers were criminally interviewed. recording an invalid determination in ROCSID, even though the investigator made a valid determination in their final report or vice versa (seven files), using exonerated, unfounded and not substantiated interchangeably (four files). Was the investigation reviewed by a supervisor? 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 . . 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. one file recommended that the complainant be notified in writing but did not attach a copy of correspondence to confirm that this occurred. 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. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. Auditors did not consider this appropriate. For instance, the NSW Police Force Complaint Handling Guidelines state that each finding will need to be determined on the balance of probabilities (civil standard of proof). Auditors considered that evidence was only partially considered in five complaints. . Articulated standards, including entry capabilities for each rank and for education and training. 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. . associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. People Development Command;Professional Standards Command;and Service Delivery Reform. The other file involved a conflict of interest at the point of issuing workplace guidance: the subject officers senior sergeant noted he was present at one incident discussed in the complaint and therefore requested that another officer provide the subject officer with workplace guidance. The Central Military Commission ( CMC) is the highest national defense organization in the People's Republic of China. Professional Standards Command - Contacts and Services Directory (Victoria Online), The fastest way to find local, state and federal government information and services, You are here: Effective communication with relevant parties is an essential part of any investigation. resignation or termination of the subject officers employment before the complaint could be investigated (three files). overstated the number of allegations in ROCSID (two files). In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. If no: Reason for disagreeing with the characterisation of the allegations, Does the audit officer agree with the complaint classification, If no: Reason for disagreeing with the complaint classification, Does the audit officer agree with the complaint reclassification? Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. In one file audited by IBAC, the investigator identified this drug testing of specific work units as an organisational issue, noting that RSD is responsible for maintaining the security and integrity of all criminal records and warrant documentation, and that an employee with a substance abuse issue could be compromised, thus creating a significant security risk for Victoria Police. The unit is a part of professional standards command, the Victoria . Figure 7 summarises the recommended action in the 59 audited files. Material saved in the document container attached to the investigation was not named consistently. This included instances where workplace guidance was recommended, when the auditors assessed that a more serious action was warranted. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. https://www.vic.gov.au/copyright.html, Disclaimer Notice: The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. Officer A told Officer B to do as requested and pre-pay the driver. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. Comment on final determinations that are not considered appropriate. 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. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. 63 VPMG, Complaint management and investigations, section 6.2. The mandate of the Professional Standards Section is to preserve the integrity of the Victoria Police Department and the Chief Constable's Office by ensuring that the conduct of VicPD members is beyond reproach. 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. 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. 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. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Professional Standards Command. 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 . This included extensions sought and granted: Based on the available information, auditors considered that 22 files involving extensions were not approved by a sufficiently ranked officer as required in the VPMG: Auditors also noted that 17 files involved extension applications that were not made before the original due date or preceding extension expired as discussed in case studies 31 and 32. This matter is discussed in case study 24. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. formal interim action in relation to eight subject officers (six files). In October 2017 Victoria Police accepted these recommendations in principle. That report made recommendations in relation to Victoria Polices oversight and investigation of serious incidents including deaths or serious injuries that followed contact with police. 7 Victoria Police Act 2013, s 170(1) and (3). 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. Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. Are outcome letters to subject officers attached to the file? The following case studies involved similar fact matters which were handled differently in relation to section 127(2). Reasons were recorded for not contacting relevant civilian witnesses in seven files. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous.