This included files that: Examples of human rights issues that should have been addressed but were not, included: These observations were consistent with IBACs 2016 regional audit and 2018 audit of oversight files. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. Once classified, the PCU creates a file and enters preliminary details in ROCSID. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. Do the determinations in ROCSID reflect those in the final report and final letters? Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. Were all relevant police witnesses contacted? These changes include undertaking a wide-ranging review of its complaint handling and discipline system as part of the response to VEOHRCs 2015 report on sex discrimination and sexual harassment in Victoria Police. If no: What was the reason for the lack of contact? Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. 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. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. 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. 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. Victoria Police say the incident will be investigated by the Professional Standards Command. Does the audit officer agree with the characterisation of the allegations? The body notified IBAC about the allegations against Rosenblum . However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. VIC POL STATEMENT 270422. A good complaint handling process must be transparent. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. On this basis, 12 files were considered to contain a formal investigation plan. fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. In the subject officers statutory declaration, he nominated an unnamed person as the driver. Comment on policy or procedural issues that were or should have been identified. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. 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. In the fourth matter, officers involved in the primary allegation of assault were interviewed criminally, which resulted in findings of not substantiated; however, their senior officers were subsequently subject to disciplinary interviews about their roles supervising the incident in question. 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. 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. This included: In 15 complaints, auditors found that key evidence relevant to the allegation was not considered, including LEAP records, CCTV footage, email or internet audits, and targeted drug tests. Figure 1 outlines the audited files by classification upon closure. 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 witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. 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). An altercation then ensued, with Officer B attacking Officer A. 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. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. While PSC may be physically removed from other areas of Victoria Police, its officers are not immune from potential conflicts of interest. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. The IBAC audit identified that human rights were not adequately dealt with in 20 of the 59 files audited (34 per cent). 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. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. However, the final investigation report concluded that no witnesses have been identified that could afford direct evidence. Canberra City ACT 2601. service of a show cause notice as to why the officer should remain employed by Victoria Police, drug testing (without any formal interview or statement). members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. An admonishment notice was issued in relation to three files (six allegations). It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. The mandate of the Professional Standards Section is to preserve the integrity of the Victoria Police Department and the Chief Constable's Office by ensuring that the conduct of VicPD members is beyond reproach. State Government of Victoria This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. The PSC investigator focused on whether the subject officer disclosed that the information came from a registered human source or simply told her partner that a crook had alleged he was dealing drugs. 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. 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. 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. there is sufficient evidence to charge the complainant with making a false report to police. work file (C1-0) or correspondence (C1-6) classifications for matters that raised clear allegations involving an identifiable subject officer from the outset (11 files). Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. The unit is a part of professional standards command, the Victoria . 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. Each unit serves specific functions and has unique responsibilities within Tempe PD. This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. A complaint alleged that an officer was detected riding his motorbike recklessly, noting that senior management were aware of the incident but did not take any action because they do not want the intercepting sergeant to be charged for failing to charge [the rider] and giving false information to communications. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. 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 Interpose includes an investigation plan tab, only five files used that tab (to prepare basic plans), while a further six had uploaded some other planning documents in Interpose. However, most if not all PSC investigators have worked in other areas of Victoria Police. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. discipline charges recommended by the DAU and/or investigators were downgraded by the Assistant Commissioner PSC in circumstances where there was a prima facie case to answer (two files). IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. However, because the majority of allegations considered in the audit were not substantiated, the actions recommended most often were no action (75 allegations) followed by filed as intelligence (14 allegations) which together accounted for 76 per cent of all recommendations. 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. 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. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? 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). Do the actions in ROCSID reflect those in the final report and final letters? Misconduct within Professional Standards Command . 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. Police Conduct Unit. Seventeen warranted preliminary inquiries. This issue is discussed further in section 3.3.3.3. 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. 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. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. This complaint was classified as a work file. The audit only identified one file that attached a conflict of interest form. 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. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). In addition, 21 of the remaining 24 files did not require advice because the subject officer was identified in relation to a work file or corruption complaint (C1-0 or C3-4). 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. 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. 63 VPMG, Complaint management and investigations, section 6.2. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). Run reports and prepare briefings. 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. rosters to confirm who was working at the time of the incident. When the provision was first introduced into legislation, parliamentary debate noted that the provision was intended to make the public confident that when a police officer is under investigation for a criminal offence a reference will be given, firstly, to the DPP to see if charges will be laid before the matter progresses any further, and secondly, to assure the public that the police will not be treated differently from the public at large.57. 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). Issues identified in relation to record keeping on files included: All 59 audited files were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. 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. 10 Victoria Police 2015, Integrity Management Guide, paragraph 1. In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. 29 Victoria Police Act ss 126, 127 and 135. 4 Victoria Police Act 2013, Part 9 addresses complaints and investigations. 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. Sixteen files (27 per cent) were identified as involving risks that required interim action. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. Following an investigation in which an officer stopped for erratic driving was found to have attempted to dissuade junior officers from conducting a preliminary breath test (PBT), the investigator recommended no further action. 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. Directory Home IBAC Insights provides quarterly updates, analysis and commentary, Follow us for the latest on our investigations, research and events, Information for Public interest Disclosure Coordinators, Discipline Advisory Unit (Victoria Police), Independent Broad-based Anti-corruption Commission, Victoria Police investigation, intelligence and registry management system, Law Enforcement Assistance Program (a Victoria Police database), Victoria Police professional development and assessment plan, Professional Standards Command (Victoria Police), An offence referred to in Schedule 4 of the Victoria Police Act, Register of Complaints, Serious Incidents and Discipline (a Victoria Police database), Victorian Equal Opportunity and Human Rights Commission, a matter uncovered during an investigation not forming part of the complaint laid (such as a failure to complete an official document), requiring remedial action, the weight of available evidence does not support the account of events as described by the complainant, but is weighted in favour of the account given by the employee Unable to determine the available evidence does not permit the investigator to establish whether the complaint is true or not, the complaint is not proceeded with, due to the unwillingness of the complainant to supply information but is unwilling to withdraw the complaint, or there is some other reason for being unable to take the complaint further, a complainant having made a formal complaint, of their own volition makes a request that the complaint investigation cease, a query or complaint by a person that is subsequently found to be an action sanctioned by law, or a complaint lodged by a third party which is denied by the alleged victim who has no complaint to make, the available evidence clearly establishes that there are no grounds for the complaint whatsoever, the evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. Victoria Police will ensure policies are aligned to the outcomes of the review. Officer A told Officer B to do as requested and pre-pay the driver. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline.
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