High quality education and training qualifications and programs. list all identified members involved in ROCSID (seven files), correctly identify members involved in the investigation report or ROCSID (two files). If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? 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. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. Complaints against Victoria Police: Contacts. 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. IBAC recommends that Victoria Police: 75 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. However, the man's family are disgusted with the way that he was taken into custody. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. PSC retains the most serious and complex matters for investigation. Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. Risks arising out of complaints were generally well identified and the audit considered that investigators took reasonable steps to apply formal or informal interim action where appropriate. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. At the conclusion of the matter, the investigator also searched for traffic offences in ROCSID, and identified eight traffic offence allegations that were relevant to the division over the previous three years. 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. 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. The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). 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. for other questionable reasons, such as loss of the file (two files). While 51 of the complaint investigations audited by IBAC (86 per cent) were managed on Interpose and contained activity log details, auditors were only able to identify a formal investigation plan on 12 files (20 per cent). In the subject officers statutory declaration, he nominated an unnamed person as the driver. In these matters it is assumed that the complainant is not personally aggrieved. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. The IMG states that PSC investigators must maintain an Interpose log detailing the status and progress of a criminal investigation and use ROCSID for monthly reporting purposes.27 The IMG notes that time spent on planning is never wasted and every aspect of the investigation must be carefully considered in the first instance and states that a detailed investigation plan should be prepared and submitted to the relevant manager for approval of all investigations.28. minor misconduct, misconduct connected to duty or corruption (C2-1, C3-2 or C3-4) classifications in circumstances where the chosen classification did not reflect the main allegation in the file (five files). Go to the police website (www.police.vic.gov.au) and follow the ' Compliments and complaints ' link. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. Our focus is on preventing corrupt behaviours involving police employees. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. 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. 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. 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. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). Auditors noted that an investigator could then recommend that the matter be filed for intelligence if the content was considered to be of value for intelligence purposes. The VPM complaint management and investigations guidelines states: It is a requirement of the Victims Charter Act that complainants and members of the public who are directly involved in an incident are: The last point reflects the requirements of section 172 of the Victoria Police Act, which states that the Chief Commissioner must in writing advise the complainant of the results of the investigation and the action taken or proposed to be taken unless it would be contrary to the public interest. Canberra City ACT 2601. It notes that compliance by investigators is three-fold: As a result of recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised a new program is being developed to replace the Integrity Management Program and that associated resources would include a more detailed component on human rights in the context of complaint investigations. Of the 26 files in which a contactable complainant was identified, 14 had attached a copy of a final outcome letter to the complainants (54 per cent). a complaint about the misconduct of a police officer or protective services officer (PSO) as soon as practicable after a complaint is made, an investigation as soon as practicable after commencing an investigation into any alleged misconduct by a police officer or PSO, a proposed attempt to resolve a complaint by conciliation, the results of any attempts to resolve a complaint by conciliation, progress of an investigation, as often as requested by IBAC. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. 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. 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. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. a decision not to involve the children of a subject officer (one file). 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. It is understood that this review should address some of the issues identified in this audit. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. 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 VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. Were interviews with subject officers conducted at the end of the investigation? 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. committing an offence which carries a jail term. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. Section 227 of the Victoria Police Act states that a member of Victoria Police must not, without reasonable excuse, access, use or disclose any police information. The OPP agreed and the matter proceeded to discipline hearing. Was the complainant updated on the progress of the investigation? Comment on reasons for and/or length of extension. 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. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Prior association with a subject officer does not necessarily preclude an investigator from handling a matter, however it is important to identify and declare possible conflicts of interest so that appropriate strategies can be put in place to manage the conflict and ensure impartiality and fairness. 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 review is a key recommendation of the Royal Commission into the Management of Police Informants. On the two days of the party, the subject officer was on rest days. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. While the investigation was not able to positively identify the offender, auditors considered that the investigation was thorough and exhausted all available avenues of inquiry. Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. IBAC acknowledges that Victoria Police has initiated changes to improve its complaint handling processes. 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. a reckless driving incident in which officer A did a wheel stand on his motorbike but was not booked by the intercepting officer, who also cancelled a request for assistance when he realised the rider was a police officer, a separate speeding incident in which officer A submitted a statutory declaration that nominated an unnamed potential buyer as the rider of the motorbike. According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. 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. 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). As well as being contrary to procedure, this lack of documentation made it difficult for auditors to assess whether extensions were justified, whether they had been approved by the appropriate officer and the length of extension that was granted. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. This audit reiterates the importance of timely and appropriate drug testing. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. 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. 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. IBAC has made recommendations for Victoria Police to improve the way in which PSC investigates complaints. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. A request for extension must be made before the due completion date and must be approved by: The guidelines also specify that extensions should not be granted for the following reasons: While an investigation can be suspended if a delay is caused by an external factor, the guidelines state that managers should first consider reallocating the file to another investigator.70. It is difficult to see how a manager can effectively navigate the information saved to Interpose in this way, much less monitor the progress or quality of the investigation. 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. In the following matter, a work file was not reclassified as a criminality complaint (C3-3) until after the PSC investigation was completed, despite identifying possible criminal charges. That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. 65 C 2-1 minor misconduct, C3-2 misconduct connected to duty and C3-3 criminality not connected to duty complaints. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. . insufficient evidence to support determinations of exonerated, withdrawn, not substantiated and unfounded (six files) for example, two drug use allegations were determined to be exonerated and unfounded without conducting a drug test or putting the allegation to the subject officer. 16 Allegations identified in those files included criminal associations, assault off duty, and drug use or possession involving identifiable police officers. History Background. Victoria Police has accepted all of the recommendations made in both these reports. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. IBAC audited 59 PSC investigations into a range of complaints about Victoria Police officers, including allegations of improper criminal associations, drug use or possession offences, sexual offences, handling stolen goods, threats to kill, interference in investigation, and misuse of information. In these circumstances, it may have been prudent to reallocate the file. 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. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. Read the stories of successful career mobility, All categories of decisions that can be reviewed, Information about Enterprise Agreement Disputes, Community of Practice for Ethics Education, Find out what we do and how to get involved. information that clearly guided the investigation, such as contact lists, avenues of inquiry and results, but were not characterised or signed off by a manager as a formal investigation plan (two files). IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. 12 Forty-six allegations (39 per cent) were characterised as malfeasance (including drug offences, criminal associations and pervert the course of justice allegations), 31 allegations (26 per cent) were characterised as assault (including serious and minor assaults) and 14 allegations (11 per cent) were characterised as duty failure. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files considered in the audit was twice the nine per cent substantiation rate (on a file basis) in the 2016 regional complaints audit and comparable to overall police complaint substantiation rates in other jurisdictions (on an allegation basis). However, the higher substantiation rate for allegations investigated by PSC may be due in part to the fact that matters retained by PSC for investigation are more likely to result in charges or other discipline action if substantiated. 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. Despite allegations that the police officer attempted to pervert the course of justice and was associating with criminals, no allegations were listed in the investigation report, which stated that the work file involved an intelligence probe only. The Professional Standards Bureau contains a variety specialized units. results and any actions taken or proposed to be taken on completion of a complaint investigation. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. Has any action been taken in relation to identified human rights breaches? Start your journey with us and apply today! 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. The issue was first raised by Victoria Police employees and was promptly referred to . Were all relevant fields accurate and complete in ROCSID. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. 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. 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. If IBAC is not notified of complaints, this has the potential to limit IBACs capacity to oversight PSC files, monitor trends in complaints against police and identify Victoria Police officers attracting disproportionately high numbers of complaints. While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. 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. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. 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.
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