This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. However, none of those files formally recorded action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPMG complaint management and investigations. Reasons for decisions are easier to explain when all the details are maintained on file. there is sufficient evidence to charge the complainant with making a false report to police. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. If no: Reason for disagreeing with the characterisation of the allegations, Does the audit officer agree with the complaint classification, If no: Reason for disagreeing with the complaint classification, Does the audit officer agree with the complaint reclassification? The file is then assigned to the relevant investigation unit manager for allocation to an investigator. No further explanation could be identified on the file. The VPM states that a declarable association includes any association that may reflect adversely on the employees standing and reputation in the eyes of the community as a Victoria Police employee.21 The policy does not state that associations are limited to those that involve close physical proximity. The Intelligence, Innovation and Risk Division supports PSC in promoting a culture of high ethical standards throughout the organisation by: Support Services Division provides a range of tactical support to PSC Investigations Division. 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. 29 Victoria Police Act ss 126, 127 and 135. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. The audit scope included all files classified as work files (C1-0) or corruption complaints (C3-4) as well as any other files that included an allegation of assault investigated and closed by PSC during the 2015/16 financial year. This covers sexual harassment, gender and other forms of . spraying a woman with capsicum foam to bring about compliance during an eviction. A complaints form can be completed online. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. 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. The Personnel Services Bureau provides initial, ongoing and advanced training while recruiting and hiring the finest citizens in our community to serve as police officers. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. Discipline charges were recommended in relation to four files (four allegations). However, from September 2017 Victoria Police started notifying IBAC of these files. A good complaint handling process must be transparent. 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. 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. While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. Sixteen files (27 per cent) were identified as involving risks that required interim action. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. 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. 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. 69 VPMG, Complaint management and investigations, section 6.6. Does the audit officer agree with the characterisation of the allegations? Formal interim action recorded in ROCSID included: Interim action was not taken by Victoria Police in relation to identified risks in one matter involving allegations of sexual harassment because the subject officer was already suspended with pay for a separate complaint. Ethical conduct standards which comprise shared values and expectations of the profession. Auditors disagreed with the action recommended in nine files (15 per cent). Of these 64 files, 59 were audited.2 Hard copy files were audited and, where relevant, IBAC examined information stored on Victoria Police's Register of Complaints, Serious Incidents and Discipline (ROCSID) and Interpose, Victoria Police's investigation, intelligence and registry management system. IBAC will now monitor how Victoria Police implements these recommendations. 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. Was a formal investigation plan prepared from the outset? 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. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. 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. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. If yes: Did the supervisor identify the need for further work? Professional Standards Operations Monitoring Centre. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. requiring investigation plans to be completed and attached to complaint files, noting that this is particularly relevant for the serious and complex matters that PSC primarily handles, requiring that the official conflict of interest form is completed for all investigation files, noting that PSCs independence from other Victoria Police work areas does not negate the need to identify and manage an investigators actual, potential and/or perceived conflict of interest in relation to a specific matter, reviewing the system of determinations to reduce and simplify determination categories, to help ensure clarity for investigators, complainants and subject officers. nine per cent of files had at least one allegation with a determination of substantiated. Was the investigation competed within the time frames set out in the VPMG? A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. Identify and report on risk across multiple data sets. An altercation then ensued, with Officer B attacking Officer A. resignation or termination of the subject officers employment before the complaint could be investigated (three files). This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. While these requirements only appear to apply to criminal investigations, it would be prudent to prepare a plan for all of the serious and complex matters that make up most of PSCs investigations. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. One minor misconduct complaint (C2-1) did not contain any notes to indicate why the subject officer was not advised of the outcome. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. Figure 1 outlines the audited files by classification upon closure. IBAC has made recommendations for Victoria Police to improve the way in which PSC investigates complaints. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Were the final determinations appropriate? 17 Originally classified as work files, correspondence or management intervention files. results and any actions taken or proposed to be taken on completion of a complaint investigation. A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. Ideally, Victoria Police should consult with the OPP early in the process. 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. The sample drawn for this audit represents 27 per cent of the 221 files closed by PSC in 2015/16. Investigations Division investigates corruption and criminality committed by our employees and high level discipline matters involving police officers and Protective Services Officers (PSOs). 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. Specific allegations are not identified or highlighted by the PCU. to support and promote the continuing education . Contact Us. lessening public confidence in Victoria Police, or. VIC POL STATEMENT 270422. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. PSC retains the most serious and complex matters for investigation. This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. For instance, one file raised concerns about an officer driving under the influence of alcohol. 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. 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. 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. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. 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. 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. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. 12 Forty-six allegations (39 per cent) were characterised as malfeasance (including drug offences, criminal associations and pervert the course of justice allegations), 31 allegations (26 per cent) were characterised as assault (including serious and minor assaults) and 14 allegations (11 per cent) were characterised as duty failure. 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. a driving under the influence incident in which officer B was detected driving erratically and asked the intercepting officers not to conduct a breath test. Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. 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. unfounded was the most common determination on an allegation basis (18 per cent of allegations).

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