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. If yes: Did the supervisor identify the need for further work? 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. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. 62 VPMG, Complaint management and investigations, section 6.1. This recommendation was supported by the DAU and a discipline charge notice was prepared in relation to conduct likely to bring Victoria Police into disrepute. 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. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). If no contact but reasons given: What reason was given? Material saved in the document container attached to the investigation was not named consistently. However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. While the Assistant Commissioner appears to have downgraded the recommended action of a discipline charge to admonishment notice, the admonishment notice served on the subject officer states that all of this behaviour is improper and conduct likely to diminish public confidence which is in breach of Victoria Police Act s125 (l) (j) & (h), suggesting that the subject officer had a case to answer at a discipline hearing. Issues were identified with the documentation included on all 59 files audited. 49 Section 127(2) of the Victoria Police Act states 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, the Chief Commissioner or authorised person must not charge the officer with the commission of a breach of discipline until the Chief Commissioner or authorised person has consulted the Director of Public Prosecutions. 3 A copy of the audit tool is included as an appendix to this report. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. similar allegations in the recent past (10 files), similar allegations in recent times and another complaint that was currently open (three files). This represents five per cent of all files in the audit and 25 per cent of the 12 files that resulted in at least one substantiated determination. 69 VPMG, Complaint management and investigations, section 6.6. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. 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. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. Auditors considered that evidence was only partially considered in five complaints. Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. a prior complaint mentioned in a discipline hearing was not included on the subject officers complaint history, even though it resulted in an admonishment notice. While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. 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. Evidence was recorded as being partially considered if material (such as LEAP records, CCTV footage or call charge records) was attached to the file but involved a cursory review or had an inexplicably narrow scope. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Comment on differences between determinations in the final report, the final letters and ROCSID. Of the 46 files that formally identified at least one subject officer, 11 files (24 per cent) were investigated by an officer who was not of an appropriately higher rank than at least some of the subject officers. 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. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. If yes: Where were the planning documents found, Comment on planning documents (or lack of). This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. 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. 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. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. Canberra City ACT 2601. 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. While this matter indicates that the investigators were aware of the need to involve a more senior officer, the fact that the senior officer was still only of equal rank as the subject officer suggests it may be difficult to engage suitably senior investigators when subject officers are highly ranked. While the majority of the DAUs work involves providing advice in relation to discipline briefs and assisting in the discipline charge process, the DAU also provides investigators with advice in relation to any disciplinary issues. An anonymous Facebook post, which alleged drug use by a named officer, took more than four months to be notified to PSC. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. 67 VPMG, Complaint management and investigations, section 6.6. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. Victoria Police say the incident will be investigated by the Professional Standards Command. Formal complaint investigation plans are important for transparency, to document what investigators intended to do and explain any changes in the approach to the investigation. 7 Victoria Police Act 2013, s 170(1) and (3). That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. 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 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. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. Of the 12 files that did not contain evidence to indicate that a final outcome letter was sent to the complainant: Of the 46 files that formally identified subject officers, 22 contained documents that indicated a final outcome letter was sent to the subject officers. Conflicts of interest were generally poorly addressed. It is not clear from the file whether this recommendation was actioned by Victoria Police. These types of allegations warrant notification to IBAC. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. An altercation then ensued, with Officer B attacking Officer A. 2 Victoria Police Professional Standards Command, 2.2 Legislation and policies relating to Victoria Police complaints and investigations, 3.1.2 Characterisation of allegations and classification, 3.1.4 Identification of police officers who are the subject of the complaint, 3.3.5 Outcome advice to complainants and subject officers, 3.4.2 Registration, classification and allocation. 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? 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 VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). one work file that was reclassified as a corruption complaint (C3-4) on closure, but warranted classification as a complaint of criminality not connected to duty (C3-3), for allegations of drug possession and misuse of ammunition, two corruption complaints (C3-4) and one minor misconduct complaint (C2-1) that were reclassified as work files on closure on the basis they contained intel only. spraying a woman with capsicum foam to bring about compliance during an eviction. 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. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. . Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. 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. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. Four files in the audit suggest that recent initiatives adopted by Victoria Police to address issues of predatory behaviour, sexual harassment and bullying are having a positive effect. 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. liaison with the Department of Health and Human Services (DHHS) about possible immediate risks concerning young people. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability Comment on policy or procedural issues that were or should have been identified. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. 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. Complaint histories can also help identify welfare issues and opportunities for early intervention. Police Conduct Unit (PCU) - the PCU receives and classifies incoming complaints and incidents, IBAC Liaison Office - the office provides liaison between Victoria Police and our key oversight agency IBAC. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. PSC retains the most serious and complex matters for investigation. Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. 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. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. behaving disgracefully or improperly whether on or off duty. It is therefore important that investigations are conducted in a timely manner. Despite confirming that the sergeant did not lose sight of the vehicle as recorded in his running sheet, but stopped and spoke to the rider, only the officer riding the motorbike was recorded as a subject officer. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. 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. 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. In five matters, it was apparent that the difference in the determinations recorded in ROCSID and the file was due to the determination (and on occasions the allegation) being changed on review. Were all relevant subject officers contacted? As a result of a recommendation IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, Victoria Police advised IBAC that a blank conflict of interest document is now attached to all hard-copy files or uploaded onto Interpose for complaint investigations. twenty-seven files that identified at least one subject officer but failed to attach the subject officers complaint histories, fifty-six files that did not attach a conflict of interest form or contain any other documents to indicate that conflicts of interest were otherwise considered, forty-seven files that did not contain a formal investigation plan, including two matters that involved the preparation of criminal or disciplinary briefs, nine of 11 files where advice was sought from the DAU but that advice was not attached, twelve files that identified a contactable complainant but did not attach a copy of the outcome letter sent to the complainant as required by section 172 of the Victoria Police Act. This matter is discussed in case study 24. That MOU is only concerned with offences that relate to section 227 of the Act, namely, summary offences involving unauthorised access to, use of or disclosure of police information.56 Victoria Police also advised that based on discussions with the DPP in 2016, the Assistant Commissioner PSC only consults where it is considered there is sufficient admissible evidence to inform a reasonable prospect of conviction. State Government of Victoria While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. To ensure that a criminal prosecution is not compromised by disciplinary proceedings, section 127(2) of the Victoria Police Act provides that Victoria Police must consult with the OPP before charging an officer with a breach of discipline if Victoria Police reasonably believes that the officer has committed a reportable offence (as described in Schedule 4 of the Victoria Police Act).49, Reviews of police complaint handling in Tasmania and NSW note that the more serious an allegation is, the more important it is to ensure that the investigation is handled independently and that independent advice is sought. Auditors considered this appropriate. While IBAC understands that all PSC investigators have access to ROCSID, it is not possible to say whether the history of a subject officer has been considered if it is not discussed in any way or attached to the file. The section on Managing investigations discusses investigation management generally and even notes at one point that managers should assess the probable outcome, namely whether criminal or disciplinary charges are contemplated, however the entire section appears under a heading Criminal investigations, suggesting that these requirements are limited to those investigations. 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. The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. The investigators supervisor disagreed, expressing concern with the precedent it would set. Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. 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. Of the five complaints in which a targeted DAT was approved, none returned a positive result. The audit only identified one file that attached a conflict of interest form. Can . Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. 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.