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Professional Standards Command - Victoria Police 3y In three of those matters, criminal proceedings were not authorised (due to lack of evidence, or unwillingness of victims to pursue the matter); however, disciplinary action was later considered. The governance will impact the Professional Standards Command which will have force wide impact. Directory Home This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. 35 VPMG, Complaint management and investigations, section 6.2. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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. An anonymous Facebook post, which alleged drug use by a named officer, took more than four months to be notified to PSC. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. 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. a department head (generally an Assistant Commissioner) for subsequent extensions. It is not clear from the file whether this recommendation was actioned by Victoria Police. Complaints can help identify organisational issues and opportunities for professional development. 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. It takes courage to make a complaint against a fellow officer and every effort should be made to encourage officers to speak up when they see something that is not right and to support them through the process. 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. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). These types of allegations warrant notification to IBAC. 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 qualified independent investigator in the member's Region or Command; an Investigator at Professional Standards Command; a team or work unit responsible for any policies or procedures you identify as a problem. Was the investigation competed within the time frames set out in the VPMG? The audit identified 34 complaints that involved at least one relevant civilian witness. Do the determinations in ROCSID reflect those in the final report and final letters? Auditors also disagreed with the initial classification of 16 files. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. Although these should have been included, they were not likely to alter the determination. However, IBACs audit of complaints investigated by PSC also identified eight files that raised concerns about the way Victoria Police views complaints and its treatment of officers who make complaints about their colleagues. Five IBAC officers undertook the auditing process. The review will consider the design of the Victorian police oversight system, including: the external oversight of police's use of significant powers by independent integrity agencies. Was there any delay in classification and/or allocation? At the conclusion of the matter, the investigator also searched for traffic offences in ROCSID, and identified eight traffic offence allegations that were relevant to the division over the previous three years. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. committing an offence which carries a jail term. Of the 46 files that formally identified subject officers, 22 had attached a copy of a final outcome letter to the subject officers (48 per cent), however three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. Australia Covid-19: More than 40 Victoria Police staff could be fired 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. Was the extension approved in accordance with the VPMG? a local area commander (generally an inspector or higher) for a first extension of up to 30 days. https://www.vic.gov.au/copyright.html, Disclaimer Notice: 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. Three files in the audit concerned issues arising from a personal relationship breakdown between two officers who had lived and worked in a regional area for more than two decades. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. However, the audit also identified concerns with how PSC handles complaints, including files that suggest there is room to improve the reporting culture among police officers, a failure to consistently document reasons for decisions about possible disciplinary action, and a range of uses for the C1-0 work file classification which appear to extend well beyond the stated purpose of undertaking preliminary enquiries. The investigator could then recommend that the information be considered for intelligence purposes (with restrictions placed on the file where necessary) rather than reclassifying the complaint as a work file that contains intel only. This is highlighted in case studies 17 and 18. In that matter, a complaint involving an allegation of off-duty assault was allocated to an investigator who had three allegations of assault recorded in his complaint history (although none were substantiated). This included one file that involved five extension requests totalling 425 days. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. Complaint investigations are not an additional responsibility for officers attached to this unit (as they are for those investigating complaints in regions, departments and commands); rather, such work represents their core business. 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. However, IBAC only became aware of this complaint as a result of the audit. 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. 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. 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. Contact Us. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). 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. 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". Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. The sample drawn for this audit represents 27 per cent of the 221 files closed by PSC in 2015/16. for intelligence purposes was the most common determination on a file basis (22 per cent of files). Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. 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. 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. This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. Of the 27 files classified as work files (C1-0), auditors considered that: Consideration of complaint histories was inconsistent across the files included in the audit. If no: What was the reason for the lack of contact? 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. However, only 20 per cent of the files audited contained a formal investigation plan. Sixteen files (27 per cent) were identified as involving risks that required interim action. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). Specific allegations are not identified or highlighted by the PCU. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. 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. Based on the items in those two lists, the audit assessed whether the following types of evidence were relevant to the complaint and if so, whether it had been considered by the investigator, namely: Auditors also noted any other information considered and assessed, and whether all relevant evidence was considered. 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. Almost half of the sample were work files, a quarter were classified as corruption complaints files and the remainder (all involving assault allegations) were classified as complaints involving criminality not connected to duty, misconduct connected to duty or minor misconduct. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. However, the man's family are disgusted with the way that he was taken into custody. discrediting Victoria Police. The VPM complaint management and investigations guidelines states: It is a requirement of the Victims Charter Act that complainants and members of the public who are directly involved in an incident are: The last point reflects the requirements of section 172 of the Victoria Police Act, which states that the Chief Commissioner must in writing advise the complainant of the results of the investigation and the action taken or proposed to be taken unless it would be contrary to the public interest. A good complaint handling process must be transparent. Were all relevant fields accurate and complete in ROCSID. Was advice sought from the DAU or the OPP? Go to the police website (www.police.vic.gov.au) and follow the ' Compliments and complaints ' link. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. If yes: Where were the planning documents found, Comment on planning documents (or lack of). Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. It is therefore important that investigations are conducted in a timely manner. 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. a prior complaint mentioned in a discipline hearing was not included on the subject officers complaint history, even though it resulted in an admonishment notice. 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). Communication of progress and outcome to complainants, Communication of outcome to subject officers, Time taken to register, classify and allocate, Time taken to investigate and consequences of delays, Audit of complaints investigated by Professional Standards Command, Victoria Police, reviews the definition and use of the C1-0 work file classification, and formalises arrangements to notify IBAC of matters classified as work files, considers the checks undertaken and criteria applied when recruiting new PSC investigators as part of its review of probity issues, 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, ensures advice provided by the PSC Discipline Advisory Unit and reasons for key decisions, including those of the Assistant Commissioner PSC, are clearly documented and attached to the investigation file.