Auditors disagreed with the action recommended in nine files (15 per cent). 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. Some of these changes were appropriate, while others were not. a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. 64 C1-0 work files and C3-4 corruption complaints. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . People Development Command: PSC: Professional Standards Command: VPS: Victorian Public Service: WoVG: Whole of Victorian Government: The next step. What evidence was or should have been considered? If no: Reason for disagreeing with reclassification. IBACs 2016 audit of complaint handling at the regional level found that: The 2016 report also noted that Victoria Police undertook a review in 2012 which recommended that the system of determinations should be simplified to two possible findings, namely case to answer and no case to answer, noting that the current system of determinations can cause confusion and anxiety among officers. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . 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. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. 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. Did timing of reclassification adversely affect notification and/or investigation? complainant failed to make or return contact with the investigator, ten files that noted reasons for delays which included liaison with police in other jurisdictions, time taken to consider reparations for the complainant, complexity of the file including subsequent counter complaints, geographical distance, pending legal proceedings or advice from the OPP and competing work pressures, three files that did not note the reasons for delays, all of which involved delays of only a few days or weeks. 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). 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. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). 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. However, from September 2017 Victoria Police started notifying IBAC of these files. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. Were all relevant civilian witnesses contacted? Does the final report identify any policy or procedural issues? IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. 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. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. Small aircraft crash reported on Salt River Pima. Reasons for decisions are easier to explain when all the details are maintained on file. 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. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . A couple of years after the first Europeans settled there, in September 1836 the area around Melbourne, known as the District of Port Phillip, became part of the colony of New South Wales . The Professional Standards Bureau contains a variety specialized units. IBACs 2016 audit of complaint handling at the regional level noted the importance of ensuring that investigators are of a more senior rank to subject officers. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. Of the five complaints in which a targeted DAT was approved, none returned a positive result. The file does not contain any notes to indicate why the subject officers wife was not contacted. This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. Comment on action taken in relation to identified policy or procedural issues. In total, 12 subject officers were criminally interviewed. Twenty-two were classified as work files or corruption complaints (C1-0 or C3-4) on closure which according to the VPMG means outcome advice to the subject officer is not required. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. The decision to allocate a matter to PSCs Investigations Division is guided by the Professional Standards Command Accountability and Resource Model (PSC ARM).9 Under the PSC ARM the Category 1 matters for which PSC has primacy are identified as: Relevant Victoria Police policies and procedures are outlined in this report in relation to specific issues considered as part of IBACs audit. Some of these files were managed locally. This matter is discussed in case study 24. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. 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. Issues were identified with the documentation included on all 59 files audited. resignation or termination of the subject officers employment before the complaint could be investigated (three files). Given that the criminal investigation had not reached its conclusion, it would have been prudent to conduct a targeted DAT as requested by the investigator, noting that this could have provided Victoria Police with further grounds for dismissal. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. A statement from a spokesperson for Victoria Police: Professional Standards Command (PSC) and Victoria Police's Legal Services Department have commenced an investigation into potential issues regarding the compilation of affidavits. 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. for intelligence purposes was the most common determination on a file basis (22 per cent of files). IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Directory Home More allegations were substantiated in this audit compared with IBACs 2016 audit. Was there any delay in classification and/or allocation? two files that were not technically delayed because they were reclassified as work files extending the final time frame by 62 days, however that reclassification did not occur until after the original 90-day time frame (for a C2-1 and a C3-3) expired. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. Specific allegations are not identified or highlighted by the PCU. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. 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. Do the subject officers have complaint histories relevant to the current complaint? 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. In comparison, the NSW Police Force Complaint Handling Guidelines state: Regardless of the wishes of the complainant or victim, the determination in relation to the investigative approach to be taken in response to a complaint should be made on the information available. In the course of preparing charges against a subject officer for wilful exposure, PSC became aware of other allegations of inappropriate sexual conduct by the same subject officer over a period of time. 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. The final report acknowledged the original investigation would not have been considered adequate in the current environment. 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. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. Taking into account approved extensions, the audit identified 15 files that were delayed. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. 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. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . IBACs audit of PSC investigations found that allegations were not adequately characterised in 30 of the 59 files audited (51 per cent) including 21 files that understated the number of allegations. Was the extension approved in accordance with the VPMG? According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. Complaint histories can also help identify welfare issues and opportunities for early intervention. Auditors noted that a number of files audited suggested that Victoria Police has strengthened its approach in investigations of allegations of sexual harassment and sexual assault. Our focus is on preventing corrupt behaviours involving police employees. 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. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). Are outcome letters to subject officers attached to the file? 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. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. No complaint was recorded in ROCSID. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. complainants in 22 of the 26 files (85 per cent) that identified a contactable complainant, civilian witnesses in 18 of the 34 files (53 per cent) that identified a contactable civilian witness. 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). IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. Following the arrest of the subject officer for unrelated alleged sex offences four years later, local management provided details of the 2011 matter to PSC. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. 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. 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. running sheet which states he obs[erved] MC on rear wheel exiting [street]. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . 48 VPMG, Complaint management and investigations, section 12.3. This included extensions sought and granted: Based on the available information, auditors considered that 22 files involving extensions were not approved by a sufficiently ranked officer as required in the VPMG: Auditors also noted that 17 files involved extension applications that were not made before the original due date or preceding extension expired as discussed in case studies 31 and 32. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? 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.