While the final report states that the results were negative for alcohol, drugs of dependence and steroids, the urine test result is reported as Negative Cancelled test, suggesting that the testing did not proceed. In one of the four complaints in which a police witness was not contacted, notes logged in Interpose suggest the investigator intended to contact a named police witness, however there is no record of any actual contact or notes to indicate why that officer was not contacted. An altercation then ensued, with Officer B attacking Officer A. 15 The lack of an identifiable subject officer should not preclude an investigation; however, for the purpose of the audit these two criteria were used to identify matters that should have been classified as C2-1, C3-2, C3-3 or C3-4 complaints from the outset. A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. behaving disgracefully or improperly whether on or off duty. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). Effective communication with relevant parties is an essential part of any investigation. This process should ensure IBAC is notified of all work files. 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. One involved allegations of sexual harassment. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings. 69 VPMG, Complaint management and investigations, section 6.6. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. 29 Victoria Police Act ss 126, 127 and 135. For instance, in one matter a criminal brief of evidence was prepared but not authorised on the basis that the victim of the alleged assault declined to press charges. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. The following is an example of a complaint that was closed prematurely without investigating the identified allegation, namely, whether the police officer had a declarable association. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. 18 Originally classified as minor misconduct, criminality or corruption. 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. Following IBACs audit of complaints investigated by PSC, IBAC recommends that Victoria Police: IBAC also reiterates recommendations made in IBACs Audit of Victoria Police complaints handling systems at regional level (2016) and Audit of Victoria Police oversight files (2018) in relation to: Victoria Police has accepted IBACs recommendations and IBAC will monitor their implementation. 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. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). 67 VPMG, Complaint management and investigations, section 6.6. 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 . All of the work files in the audit contained serious allegations. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. Was there any delay in classification and/or allocation? You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. 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. 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. While not relevant to any particular file investigated, auditors identified three PSC investigators with complaint histories that raised general probity issues, including: Given PSCs role investigating the conduct of Victoria Police officers, its investigators should be of excellent character to ensure that complainants, subject officers and others have confidence in the process. 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 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. VIC POL STATEMENT 270422. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. 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. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. Controls were put in place to maximise consistency in the audit process. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. 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). The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. 60 IBAC, Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch, December 2016, Recommendation 1, and 30 June 2017 progress report from Victoria Police. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. https://www.vic.gov.au/privacy.html, Copyright Notice: 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. If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. a decision not to involve the children of a subject officer (one file). As shown in Figure 2, of these 22 files, a member of the public was the primary complainant in 14 matters. 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. 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. When the situation escalated, the manager closed the premises for safety reasons. Contact Us. Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. As a result, PSC also failed to notify IBAC of the complaint. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. In the absence of clear directions and effective process, a complaint management system such as Interpose is of limited use to managers and reviewers to actively monitor the progress and audit complaint files. 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. Professional Standards Command. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. Some of these changes were appropriate, while others were not. 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. This included a number of administrative issues involving matters that: In a further three matters, it was apparent that the difference in the recommended action recorded in ROCSID and on the file was due to the recommendation being changed upon review. 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. These matters suggest Victoria Police is adopting a serious approach to dealing with allegations of sexual harassment and sexual assault, and is sending a clear message to both victims and offenders that Victoria Police will not tolerate such conduct. A total of seven allegations were listed on the file including assault (serious) striking fist, malfeasance threats to kill and multiple allegations of malfeasance pervert justice interference in investigation. Mr McCann is a decorated officer, a former homicide squad detective and director of the Victorian Police Association. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. 35 VPMG, Complaint management and investigations, section 6.2. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. Dear Chief Commissioner, On Wednesday, 17 October 2012 I wrote Victoria's then Chief Commissioner of Police Ken Lay QPM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called "The AWU Workplace Reform Association Inc". fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. 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. IBACs audits also identify good practice that could be considered more broadly by Victoria Police. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . Does the audit officer agree that this period of extension/suspension was approved? 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. 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. Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. The extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. A number of officers were intoxicated and got into an argument with civilians on the dance floor. While it is possible that investigation plans were prepared but saved elsewhere by the investigator, plans should be saved in Interpose or placed on the file and reviewed regularly. Figure 1 outlines the audited files by classification upon closure. More allegations were substantiated in this audit compared with IBACs 2016 audit. PSC is comprised of the following five divisions: Conduct and Professional Standards Division is the 'front door' for PSC and consists of three units: For further information about making a complaint, visit our complaints page. PSC has also produced a human rights ready reckoner which provides a list and brief explanation of the human rights most likely to be engaged, and outlines the key questions members must ask in relation to human rights. 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. Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. Number of employees at Salt River Pima-Maricopa Police in year 2017 was 103. The governance will impact the Professional Standards Command which will have force wide impact. The VPMG allow extensions in certain circumstances. The total number of identifiable subject officers was 56. 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. Auditors identified a further four files in which there was no discussion or attachments to indicate that complaint histories had been considered, even though at least one subject officer had a complaint history relevant to the current complaint. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. All complaints involving Victoria Police officers are assessed by PSC and classified according to the type and seriousness of allegations made. Once allegations have been identified that warrant classifying the matter as a notifiable complaint, it is not clear why it would ever be appropriate to later reclassify the complaint as a work file. Start your journey with us and apply today! However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. Complaints can help to highlight issues the organisation is not aware of and point to opportunities for early intervention before a matter escalates. For information about related policies, download the free Family Violence involving Victoria Police employees section of the Victoria Police Manual: For full access to the manual, visit our Procedures and legislation page. On the two days of the party, the subject officer was on rest days. Comment on policy or procedural issues that were or should have been identified. Complaints against Victoria Police: Contacts. 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. The Victoria Police intranet notes that while these interim action options are available, suspension should only be considered if the workplace risk cannot be mitigated. While it is not always possible to identify the relevant police officers, investigators should take reasonable steps to pursue available lines of inquiry. The file was ultimately closed as a work file with a determination of for intelligence purposes in ROCSID in relation to one allegation of malfeasance criminal association. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. All complaints are received, processed and classified by the PCU according to the VPM.11 Classification is important because it plays a role in determining what matters are retained by PSC, what matters are notified to IBAC, what allegations are recorded in a subject officers complaint history in ROCSID, and the time frames that apply to the investigation. People Development Command;Professional Standards Command;and Service Delivery Reform. 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. 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. The guidelines also state that unless an investigation is classified as work file or a corruption complaint (C1-0 or C3-4), employees are to be informed in writing about the result of an investigation and the action taken or proposed to be taken unless to do so could jeopardise the investigation or future investigations.63. IBAC acknowledges that Victoria Police has initiated changes to improve its complaint handling processes. It also stated that with the creation of Taskforce Salus, the publishing of the VEOHRC Review [into sex discrimination and sexual harassment in Victoria Police] and the establishment of the VEOHRC Review Engagement Team, Victoria Police has made significant advances in its approach to preventing and responding to issues of sexually inappropriate behaviour. It is understood that this review should address some of the issues identified in this audit. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. 63 VPMG, Complaint management and investigations, section 6.2. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. This represents three per cent of all files in the audit and 33 per cent of the 12 files that resulted in at least one substantiated determination. He requested consultation with the Assistant Commissioner PSC. In the subject officers statutory declaration, he nominated an unnamed person as the driver. 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. Complete and accurate data is essential to proactive identification of emerging patterns or issues, as highlighted in this case study. 50 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, pp 11-12 notes that that audit identified two complaints where Tasmania Police did not follow the principal legal officer recommendation to seek advice from the DPP; NSW Ombudsman 2016, Annual Report 2015/16, pp 48-49 notes that the agreement between the NSWPF and the DPP should be revised to provide police officers with better guidance about the types of matters that require consultation with the DPP. Complaint histories were considered relevant if the subject officer had a significant number of complaints, similar allegations in the recent past, or another complaint that was being investigated at the same time. Ethical conduct standards which comprise shared values and expectations of the profession. 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. Auditors took the view that these two matters should have been reclassified as corruption (C3-4) and criminality not connected to duty (C3-3) complaints respectively. In October 2017 Victoria Police accepted these recommendations in principle. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. nine per cent of files had at least one allegation with a determination of substantiated. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. In one complaint the subject officer was a PSC investigator. IBAC acknowledges that Victoria Police is reviewing its complaint handling and discipline system as part of its response to the Victorian Equal Opportunity and Human Rights Commission Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police. If Victoria Police reasonably believes that an officer has committed a reportable offence (of the kind listed in Schedule 4 of the Victoria Police Act) Victoria Police must consult with the OPP before charging the officer with a breach of discipline. IBACs 2016 audit of Victoria Polices complaint handling at the regional level found that where action was recommended, it usually took the form of management intervention. 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. While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. The Victoria Police Act states that an unsworn employee can only be directed to undergo a DAT if the person works in a designated work unit or carries out a designated work function.59 RSD was not a designated area for testing. The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. This included instances where workplace guidance was recommended, when the auditors assessed that a more serious action was warranted. Auditors considered that evidence was only partially considered in five complaints. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. . Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. 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. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). This checklist is completed by the unit manager on closure. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. 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. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. The determination was ultimately changed from exonerated to not substantiated. The OPP agreed and the matter proceeded to discipline hearing. Auditors disagreed with the decision to reclassify the C3-3 file as a C1-0, noting that this conflicts directly with the instructions in PSCs SOPs which state that if a matter was originally a C3-2 matter but was unfounded or untrue, the matter still remains a C3-2 and should be finalised accordingly.20. In the first matter, the acting Assistant Commissioner PSC followed the investigators recommendation and consulted the OPP, noting he believed the matter should proceed by way of discipline hearing given the victims reluctance to give evidence at any criminal hearing in relation to the matter, which would reduce the likelihood of a conviction. In an attempt to identify the subject officer the PSC investigator: Based on the available information, the investigator compiled photo boards of possible suspects as they would have appeared at the time of the incident.
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