IBACs audit found that where a complaint gave rise to immediate risks that warranted action before completion of the complaint investigation, PSC investigators generally took appropriate action. 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. Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. Notes on one file indicated that the public complainant, who was interstate, declined to participate further, while the other file involved a detailed report from the former officer in charge of a police station which did not require further follow up. 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. Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. Workplace guidance was provided in relation to five files (nine allegations). The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. However, Victoria Police did not formally recommend action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPM complaint management and investigations guidelines.58 This is a missed opportunity to formally document, improve and address issues. This included one file that involved five extension requests totalling 425 days. For instance, the NSW Police Force Complaint Handling Guidelines state that each finding will need to be determined on the balance of probabilities (civil standard of proof). IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. 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. Your Duties Will Include. It goes on to note that recommended action might include management intervention, no action, admonishments, discipline charges, criminal charges, action in accordance with the VPMG, managing underperformance, and/or action on any identified deficiencies in Victoria Police premises, equipment, policies, practices or procedures.48, If a complaint raises allegations involving a criminal offence, criminal proceedings must be pursued before starting disciplinary proceedings. Professional Standards Command is investigating the incident, Victoria Police said. In a matter that involved a total extension period of 255 days: the first extension request was made four months after the initial 152-day time frame expired for a C3-4. 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. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. While this is useful as a means of reviewing actions taken, investigation plans should still be developed at the start of an investigation and amended as the matter proceeds. Although these should have been included, they were not likely to alter the determination. discrediting Victoria Police. Professional Standards Operations Monitoring Centre. Victoria Police has accepted all of the recommendations made in both these reports. A number of officers were intoxicated and got into an argument with civilians on the dance floor. 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. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. 3 A copy of the audit tool is included as an appendix to this report. 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. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. While a hair sample was taken within a fortnight of notification, the time lapse between detection and testing may have impeded the accuracy of the test. IBACs audits also identify good practice that could be considered more broadly by Victoria Police. Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. Admonishment notices are intended to be used when there is a minor breach of discipline and may be issued by a supervisor or a PSC investigator. Two of these matters resulted in proven findings at discipline hearing while the remaining two were not heard because the subject officer resigned or was dismissed (in relation to another matter) prior to hearing. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. 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. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. 35 VPMG, Complaint management and investigations, section 6.2. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. While these requirements only appear to apply to criminal investigations, it would be prudent to prepare a plan for all of the serious and complex matters that make up most of PSCs investigations. police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. 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. 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. Those associations may not actually cause an investigator to be biased, however there is a risk that a failure to consider any real or perceived conflicts could compromise an investigation and undermine PSCs standing as an independent complaint investigation unit within Victoria Police. 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. If yes: Where were the planning documents found, Comment on planning documents (or lack of). 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. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? 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. 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. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. 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. 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. However, IBAC only became aware of this complaint as a result of the audit. 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 was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. In 32 files (54 per cent), the primary complainant was external to Victoria Police. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. In response, Victoria Police stated the incident in question arose as a result of a lack of judgement without criminal intent on the part of the subject member. 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 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. twenty-three of the 42 files finalised work files or corruption complaints (C1-0 and C3-4) (55 per cent) were completed within the 152-day time frame while 19 (45 per cent) took more than 152 days to complete. 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. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. IBACs audit was undertaken to identify how PSC investigates serious complaints about Victoria Police officers, including allegations of serious misconduct and corruption. 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. 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. 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. Controls were put in place to maximise consistency in the audit process. 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. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. 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 one complaint the subject officer was a PSC investigator. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022. Were the relevant complaint histories discussed on the file in any way? The IMG notes that where investigations reveal and recommend discipline action investigators should consult the DAU to establish the requirements in proving the alleged breach [noting that] consultation at the earliest opportunity is essential for expedient resolution.51. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. the third request was made a week after the second extension expired. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. For the purpose of this audit, a formal investigation plan was considered to include any documents or information on the file that could be interpreted as formal pre-planning for the investigation. 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. Five IBAC officers undertook the auditing process. a decision not to involve the children of a subject officer (one file). 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. Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217.
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