In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. The investigators supervisor disagreed, expressing concern with the precedent it would set. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. For example, in one matter it appeared a relevant witness was overseas, and in another the witness had already been interviewed by other police. The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. approached people nominated by the complainant as having possible knowledge of the offence, including a former landlord and a friend, who were unable to assist. PRSB.Enquiries@prsb.vic.gov.au (External link), Mondayto Friday 8am to4pm (excluding public holidays). 22 Victoria Police Act 2013, s 169(2) and (3) in relation to misconduct and the Independent Broad-based Anti-corruption Commission Act 2011, s 57(2) and (3) in relation to corrupt conduct or police personnel misconduct. 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. member involved refers to an officer who is the subject of a complaint or a performance issue. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. PSC did not investigate the sergeants alleged false report, or make any enquiries in relation to senior managements knowledge of the incident, ignoring significant issues raised in the complaint. 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. 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. Once the investigator has answered those questions, form 1426 must be approved by the investigators supervisor who is required to develop a conflict management plan if needed. Do the determinations in ROCSID reflect those in the final report and final letters? The VPM states that a declarable association includes any association that may reflect adversely on the employees standing and reputation in the eyes of the community as a Victoria Police employee.21 The policy does not state that associations are limited to those that involve close physical proximity. In total, 12 subject officers were criminally interviewed. a decision to file the matter as intelligence using the work file classification (seven files), interviews having already been conducted by other (non-PSC) police (four files). It is not clear why PSC closed the file without investigating the extent of the association. Police Conduct Unit. A complaint was later made alleging the subject officer relayed that information to her partner. 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. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. 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. 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. 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. Complete and accurate data is essential to proactive identification of emerging patterns or issues, as highlighted in this case study. Victoria Police provides policing services to the Victorian community across 54 Police Service Areas (PSAs), within 21 divisions and four regions - North West Metro, Southern Metro, Eastern and Western. While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. The OPP agreed and the matter proceeded to discipline hearing. The determination was ultimately changed from exonerated to not substantiated. Tel: 1300 363 101. Although these should have been included, they were not likely to alter the determination. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. other matters by direction of the Assistant Commissioner PSC. However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. In April 2018 IBAC finalised the recommendations in this report following further consultations. In addition to auditing how Victoria Police handles complaints, IBAC's independent oversight of Victoria Police also includes reviews of selected matters investigated by Victoria Police, to highlight any concerns at the individual as well as the system-wide level. Some of these issues, including inadequate management of conflicts of interest and poor identification of human rights issues, have been previously highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and 2018 Audit of Victoria Police oversight of serious incidents. Comment on policy or procedural issues that were or should have been identified. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. This is outlined in the case study on the following page. 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. 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. In the final report, the investigator noted that unauthorised disclosure of police information is a Schedule 4 offence which would require consultation with the OPP to proceed by way of discipline notice, however if the AC PSC determines that the matter be appropriately dealt with by means of admonishment or workplace guidance, consultation with the OPP is not required. Back to top . However, the earlier matter was not discussed in the file. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. 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. 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. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. A statement from a spokesperson for Victoria Police: Professional Standards Command (PSC) and Victoria Police's Legal Services Department have commenced an investigation into potential issues regarding the compilation of affidavits. Your Duties Will Include. 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. 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. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. 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. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. Two files involved allegations that unsworn Victoria Police employees were using drugs. Comment on final determinations that are not considered appropriate. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . 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. 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. PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. three hundred and thirty-five days after receipt, and, 124 days after the investigators report was marked as completed in ROCSID, seven hundred and thirty days after receipt, at which point the investigators report was marked as completed in ROCSID. This did not occur until: In circumstances where IBAC is not notified until after completion of PSCs investigation, IBACs ability to effectively oversight these matters is severely limited. Given the pivotal role of DAU advice in determining the action that will be taken in relation to a subject officer, details of the request and advice provided should be clearly documented and attached to each file. However, in response to recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised that complaint histories for members involved are now attached to all complaint files forwarded to investigators. 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. 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. 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. 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). 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. to support and promote the continuing education . He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. Complaints can help identify organisational issues and opportunities for professional development. Victoria Police is obliged to notify IBAC of complaints received about corrupt conduct or police personnel misconduct by a Victoria Police employee or police recruit.22 In practice, an automated email is sent to IBAC by Victoria Police when a file is classified as a notifiable C2-1, C3-2, C3-3 or C3-4 complaint. 34 Percentages may not add to 100 due to rounding. In an email to his manager, the investigator advised that his recommendation was based on verbal advice from the DAU that no further action was required because it would not be abnormal for a serving member to try to persuade the intercepting member to not take action (ie PBT/speed). The review will consider the design of the Victorian police oversight system, including: the external oversight of police's use of significant powers by independent integrity agencies. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. Five IBAC officers undertook the auditing process. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Professional Standards Command. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. formal interim action in relation to eight subject officers (six files). This included four complaints in which a targeted DAT was proposed by the investigator but not approved. However, the audit also identified concerns with how PSC handles complaints, including files that suggest there is room to improve the reporting culture among police officers, a failure to consistently document reasons for decisions about possible disciplinary action, and a range of uses for the C1-0 work file classification which appear to extend well beyond the stated purpose of undertaking preliminary enquiries. Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. Our focus is on preventing corrupt behaviours involving police employees. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. IBAC also acknowledges that Victoria Police has recently taken steps to improve the identification and management of conflicts of interest in complaint investigations, including through the introduction of a new form. the scope of the work file classification is well defined, and has short time frames, to reflect the preliminary nature of those enquiries. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. 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. Ethical conduct standards which comprise shared values and expectations of the profession. 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). Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. 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. However, on review, the Assistant Commissioner PSC downgraded the recommended discipline charge to workplace guidance on the basis that this is an arguable case of self-defence and I give the benefit of the doubt to [the subject officer]. A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. 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. Attempted to int[ercept] solo lost sight of same whilst requesting assist. 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. 70 VPMG, Complaint management and investigations, section 6.7. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. 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). While it is not always possible to identify the relevant police officers, investigators should take reasonable steps to pursue available lines of inquiry. Based on the available information, did the delay compromise the integrity of the investigation in any way? Only a small proportion of complaints those involving allegations of serious misconduct or corruption are investigated by PSC. . rosters to confirm who was working at the time of the incident. The investigator could then recommend that the information be considered for intelligence purposes (with restrictions placed on the file where necessary) rather than reclassifying the complaint as a work file that contains intel only. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. 7 Victoria Police Act 2013, s 170(1) and (3). 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. 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). Controls were put in place to maximise consistency in the audit process. One involved allegations of sexual harassment.