It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. 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substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. That report made recommendations in relation to Victoria Police complaint handling processes. What evidence was or should have been considered? The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. 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. Complaints can help identify organisational issues and opportunities for professional development. Date in ROCSID when investigation was completed. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. It is therefore important that investigations are conducted in a timely manner. The Division employs 54 investigators (FTE). 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. While none of allegations listed above were substantiated, the officers complaint history should have been considered in its entirety, rather than processing each new complaint in isolation. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. Controls were put in place to maximise consistency in the audit process. 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. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. 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. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. The investigator could have, but did not review: The complaint was closed with a determination of not proceeded with when the complainant failed to attend a pre-arranged meeting with the PSC investigator and a DHHS representative. 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. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. The audit examined how effectively complaints involving more serious allegations of police misconduct or corruption concerning Victoria Police officers warranting investigation by PSC are investigated. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. Figure 6 summarises the determinations reached in the 59 files audited. One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. 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. If no: Reason for disagreeing with reclassification. 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. 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. Auditors disagreed with the recommended action in nine files (15 per cent) on the basis that: In the following case study, an admonishment notice was issued for conduct that IBAC auditors considered to warrant a discipline charge. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. 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. Was the choice of investigator appropriate? In another matter, the Assistant Commissioner PSC appears to have authorised non-disciplinary action, namely workplace guidance in a matter involving a Schedule 4 offence. The 62-year-old Staffieri was interviewed by officers from Professional Standards Command on April 26 over a post he made to senior project officer Bonnie Loft, who works with Gender Equality and . Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. This is illustrated in case studies 27 and 28. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. 35 VPMG, Complaint management and investigations, section 6.2. 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. The various ways in which determinations have been applied in the audited PSC files adds further weight to the recommendation that the system of determinations should be simplified to ensure greater consistency and fairness, and to reduce the potential for ambiguity. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). While the investigation was not able to positively identify the offender, auditors considered that the investigation was thorough and exhausted all available avenues of inquiry. 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. 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. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. However, Victoria Police could do more to demonstrate that it values officers who raise concerns about the conduct of their colleagues and will support them through the complaint handling process. The audit identified 34 complaints that involved at least one relevant civilian witness. Of the 59 files audited, 46 files (78 per cent) formally identified at least one member involved in ROCSID, while 13 files (22 per cent) did not identify any subject officers. IBACs audit therefore considered whether more general risk assessments were conducted in PSC investigations to identify issues that warranted immediate action (before completion of the investigation). The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. unfounded was the most common determination on an allegation basis (18 per cent of allegations). However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). 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. 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. Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. 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 . 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. In the following matters (previously discussed in case studies 22 and 23) IBAC auditors considered that PSC could have done more to support the police victims and promote a culture of integrity. Mandate. 39 Details on the file indicate the complaint was posted on Facebook in June 2015, however PSC was not notified until 13 October 2015, after which the DAT was conducted on 29 October 2015. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. It operates within the Chinese Communist Party (CCP) under the name "Central Military Commission of the Communist Party of China", and as the military branch of the central government under the name "Central Military Commission . Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. Some of these issues, including inadequate management of conflicts of interest and poor identification of human rights issues, have been previously highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and 2018 Audit of Victoria Police oversight of serious incidents. 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. advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. Reasons for disagreeing fell into three main categories, namely failure to: Failure to list identifiable subject officers can result in allegations not being properly investigated, as highlighted in case study 7. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. 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. 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. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. 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. twelve files involved extensions for reasons that were questionable. managing the Discipline Transformation Project which aims to streamline and simplify the complaint and discipline system to improve timeliness, proportionality and transparency whilst maintaining a remediation and victim focus. This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. 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. Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. 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. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. 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. 17 Originally classified as work files, correspondence or management intervention files. 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. 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. Was a conflict of interest otherwise identified by Victoria Police? The role of the Sexual Offences and Family Violence Unit (SOFVU) is to investigate allegations that involve Victoria Police employees of: SOFVU has an embedded welfare unit dedicated to offering support and guidance to those impacted by these offences. At the end of the interview the corroborator advised the subject officer that the outcome of the investigation is not a decision I can make [and that] any investigations that deal with inspectors [go to the] superintendent and/or the assistant commissioner [because] it wouldnt be right for me to be sitting here judging or deciding what should happen to a fellow inspector. This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. 70 VPMG, Complaint management and investigations, section 6.7. Until recently, that notification did not include C1-0 files as they are not considered complaints. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). Comment on final letter or advice to the complainant. 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. 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. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. Run reports and prepare briefings. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). For example, in one matter where a criminal association was alleged, the investigator only considered seven days of call charge records before concluding that there was no contact between the subject officer and the alleged associate. IBAC acknowledges that Victoria Police has initiated changes to improve its complaint handling processes. At present, when a determination of substantiated is reached, the investigator will recommend action which could range from criminal charges to workplace guidance. Conflicts of interest were generally poorly addressed. 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. 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. However, only 20 per cent of the files audited contained a formal investigation plan. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. History Background. Count of subject officers contacted by investigators, Count of subject officers who resigned during 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. 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. 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. 73 Note that the 451-day extension was approved by the then acting Assistant Commissioner PSC, noting that the file had been allocated to an investigator after the due date. 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. If yes: Did the supervisor identify the need for further work? This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. Does the final report address human rights issues? to support and promote the continuing education . Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . Complaints can help to highlight issues the organisation is not aware of and point to opportunities for early intervention before a matter escalates. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. This is outlined in the case study on the following page. IBACs auditors disagreed with the reclassification of five complaints. Police Conduct Unit. This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. Some of these changes were appropriate, while others were not. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. 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. 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. PSC investigators have been required to manage their complaint investigations on Interpose since 2006. In recommending discipline charges, the DAU officer noted that CCTV showed the intoxicated subject officer: The DAU concluded that the CCTV footage shows the amount of force used by [the subject officer] was disproportionate to any threat posed by [the other party] and [the subject officers] actions could have resulted in [the other party] sustaining serious head injuries. 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 . 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. It is understood that this review should address some of the issues identified in this audit. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. Professional Standards Command. Misconduct within Professional Standards Command . Issues identified with classification involved the use of: The C1-0 classification is officially a work file classification,13 which is used for allegations that require preliminary inquiry and assessment before a full investigation can be conducted.14 In the absence of further guidance to indicate what is required before a full investigation can be conducted, auditors took the view that there was no reason for a matter to remain a work file once clear allegations and subject officers could be identified.15. Then, the PSC can: investigate . 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). The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed.

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