While notes in ROCSID indicate the first extension was due to delays in data analysis and preparation of the briefs of evidence, no reasons were recorded for the last two extensions, both of which were made after the subject officer resigned. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. However, the only indication of that review is a handwritten note by the investigation manager which states it has been confirmed with DAU that no discipline action was required. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. 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). 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. 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). If yes: Where were the planning documents found, Comment on planning documents (or lack of). 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. An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. 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. 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. 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. Was the investigation reviewed by a supervisor? Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. Officer A told Officer B to do as requested and pre-pay the driver. Ethical conduct standards which comprise shared values and expectations of the profession. As a result of recommendations IBAC made in the 2016 audit, Victoria Police advised it will consider making it a requirement that any workplace guidance is recorded on a subject officers professional development and assessment plan (PDA). This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. Police Conduct Unit. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. observed that the actual purchaser had already paid a deposit, denied sending someone to test drive the motorbike the day before he picked it up, adding that he would be upset if the subject officer let someone else test drive the motorbike after taking his deposit. 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. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. 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. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. This is illustrated in case studies 27 and 28. Was the investigation competed within the time frames set out in the VPMG? 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 total number of identifiable subject officers was 56. 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. However some investigators had complaint histories that raised general probity concerns which PSC may wish to consider, to ensure its staff and practices are beyond reproach and have the confidence of complainants, subject officers and the general public. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. Of the five complaints in which a targeted DAT was approved, none returned a positive result. New team to investigate Victoria Police employees accused of family Complainants and members of the public who are directly involved in an incident must be informed of the progress and key stages in an investigation. Investigations Division investigates corruption and criminality committed by our employees and high level discipline matters involving police officers and Protective Services Officers (PSOs). It is not part of the statutory discipline regime and is an alternative to the formal discipline process. The victim admitted the burglary occurred the day after he hosted a two-day party at which cocaine and speed had been used, suggesting the offenders may have been looking for drugs. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. 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. 47 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, p 8 in relation to the 1,010 allegations finalised over the three years from 2013 to 2015. Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. PO Box 401. 17 Originally classified as work files, correspondence or management intervention files. Communication of progress and outcome to complainants, Communication of outcome to subject officers, Time taken to register, classify and allocate, Time taken to investigate and consequences of delays, Audit of complaints investigated by Professional Standards Command, Victoria Police, reviews the definition and use of the C1-0 work file classification, and formalises arrangements to notify IBAC of matters classified as work files, considers the checks undertaken and criteria applied when recruiting new PSC investigators as part of its review of probity issues, ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed, consistent with section 127(2) of the Victoria Police Act, ensures advice provided by the PSC Discipline Advisory Unit and reasons for key decisions, including those of the Assistant Commissioner PSC, are clearly documented and attached to the investigation file. 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. 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. 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. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. A complaint alleged that a police officer was involved in two assaults that involved: A review of the subject officers complaint history indicated he received 11 complaints in the previous three and a half years, including the following matters in which: At the time of the audit, the subject officer had recently been promoted to sergeant and accrued a further assault allegation made by a treating counsellor in relation to an allegation made by another child of the subject officer. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. This included eight files which were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations characterised as drug use, assault and criminal association. While in custody at a New South Wales police station, a complainant alleged that a named Victoria Police officer made threats to kill, used drugs and attempted to pervert the course of justice. 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. 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). Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. 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. This is equally true of PSC investigators. 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. Salt River Police Department Twitter28, 2022, that it will consider 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. 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. Figure 1 outlines the audited files by classification upon closure. These independent audits help Victoria Police build capacity to prevent corrupt conduct and police misconduct by identifying areas of improvement around complaint handling. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. 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 following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. 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. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. The governance will impact the Professional Standards Command which will have force wide impact. Victorian Man In Induced Coma After Police Officer Appears To Stomp On While there is no record of the DAUs assessment of the brief, a file note from the Assistant Commissioners staff officer to the DAU indicates that the Assistant Commissioner reviewed the investigation file[and] after considering the facts and actions of [the subject officer] he has deemed that an admonishment is appropriate in the circumstances. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. 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. Victoria police: Christian officer faces disciplinary action after Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. 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. In October 2017 Victoria Police accepted these recommendations in principle. detailed plans that identified possible lines of inquiry, investigation strategies, resource requirements, persons of interest and risks (five files), very basic information entered into the Interpose planning tab for instance, one file did not identify any strategies or lines of inquiry beyond stating that it was an intelligence probe; another only identified one objective and one strategy (five files). Auditors also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. five complaints with minor shortcomings in the evidence considered. This included six complaints that were upgraded to a corruption or criminality classification17 and four files that were downgraded to a work file.18, The PSC Conduct and Professional Standards Division Standard Operating Procedures (SOPs) state a complaint should not be reclassified unless an investigation reveals a different allegation or the allegation has been changed by the complainant.19. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. VIC POL STATEMENT 270422. If no: Reason for disagreeing with the number of allegations. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. Conduct and Professional Standards Division, Intelligence, Innovation and Risk Division, receiving complaints and notifications about corrupt conduct and police personnel conduct (including complaints received by Victoria Police and mandatorily reported to IBAC), assessing those complaints and notifications to determine which will be referred to Victoria Police for action, which will be dismissed, and which will be investigated by IBAC, providing or disclosing information to the Chief Commissioner relevant to the performance of the duties and functions of Victoria Police, reviewing investigations of selected matters referred to Victoria Police by IBAC to ensure those matters were handled appropriately and fairly, oversighting deaths and serious injuries associated with police contact pursuant to a standing own motion, conducting own motion investigations about police personnel conduct or corrupt conduct, conducting private and public examinations to assist investigations into police personnel conduct and, in the case of public examinations, exposing systemic issues, encouraging people with relevant information to come forward and to serve as a deterrent to others, ensuring police officers have regard to the Charter of Human Rights, including through reviews and audits of Victoria Police complaint investigations, undertaking research and other strategic initiatives, including auditing how Victoria Police handles its complaints. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). Longships are vessels that depend on a rowing crew and sails to go throughout the sea. to support and promote the continuing education and professional development of police officers, protective services officers and police reservists. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. Back to top . 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. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. In particular, the majority did not attach conflict of interest forms, investigation plans, or a copy of the DAU advice or extension approvals (where sought). Corporate and Regulatory Services. Run reports and prepare briefings. 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. 29 Victoria Police Act ss 126, 127 and 135. The IMG lists a range of actions to be considered when a complaint is received, concluding that initial action should involve completing all reasonable avenues of initial enquiry.36 The IMG also lists material that should be considered in terms of compiling the file.37. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. Overall: The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files audited was comparable to the overall substantiation rate of 16 per cent for Tasmania Police and 17 per cent for NSW Police (on an allegation basis),46 and double the nine per cent substantiation rate (on a file basis) in the 2016 regional audit. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. Victoria Police will ensure policies are aligned to the outcomes of the review. 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). Five IBAC officers undertook the auditing 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. Auditors disagreed with the action recommended in nine files (15 per cent). Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. 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. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. 54 The two files that resulted in workplace guidance without consulting the DAU involved the formal recording of workplace guidance that had occurred four years prior and action that was changed at the request of IBAC. 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. As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. This included a number of administrative issues involving matters that: In a further three matters, it was apparent that the difference in the recommended action recorded in ROCSID and on the file was due to the recommendation being changed upon review. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. 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. 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. 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. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. PSC investigators have been required to manage their complaint investigations on Interpose since 2006. As such, in all but the most exceptional circumstances (which should be documented), subject officers should be afforded an opportunity to respond to allegations, as a matter of procedural fairness. . two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. Of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected (C2-1, C3-2 and C3-3 files) in the sample, seven (41 per cent) were completed within the 90-day time frame while 10 (59 per cent) took more than 90 days to complete. 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. As part of Victoria Polices roll out of Interpose more broadly to manage complaint investigation files, it would be prudent to provide all investigators with clear guidance on record keeping requirements to ensure consistency in how Interpose is used. Professional Standards Command is investigating the incident, Victoria Police said. 3 A copy of the audit tool is included as an appendix to this report. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. Did the complaint give rise to any risks that warranted immediate action? complaints and disclosures about police misconduct and . 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. 2 Victoria Police Professional Standards Command 10 2.1 Introduction 10 2.2 Legislation and policies relating to Victoria Police complaints and investigations 11 2.3 Previous IBAC audits 12 3 Findings from the PSC audit 13 3.1 Pre-investigation process 13 3.1.1 Key findings 13 3.1.2 Characterisation of allegations and classification 14 A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. The review identified options and recommendations for improvements to Victoria Police practice and policies. 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. Seventeen warranted preliminary inquiries. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. 46 NSW Police Force 2016, Annual Report 2015/16 reported a 16.67 per cent substantiation rate for the 8,340 allegations made against police officers in the 2015-16 financial year, p 95. Victoria Police - Human Resource and Governance Consultant 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. 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. At present, when a determination of substantiated is reached, the investigator will recommend action which could range from criminal charges to workplace guidance.
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