IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. In seven of these files, it was stated that contact was not required in relation to a work file. 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. This included eight files which were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations characterised as drug use, assault and criminal association. 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. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. 17 Originally classified as work files, correspondence or management intervention files. for intelligence purposes was the most common determination on a file basis (22 per cent of files). Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. This included files where a subject officers complaint history included: In four of these 17 files, auditors were not able to identify notes or other evidence on the file to indicate that complaint histories had been considered. . In a further two files the investigator did not contact any of the relevant complainants. 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). Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. 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. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. 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. An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. Professional Standards Command. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. This included: If Victoria Police concludes that an allegation cannot be proven based on the available information, but suspects that there may be some substance to the allegation, a valid determination (such as unable to determine) should be made. 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. This is equally true of PSC investigators. 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. This includes working to deter and investigate employees involved in criminality or misconduct. Count of subject officers contacted by investigators, Count of subject officers who resigned during investigation. 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. IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. In 32 files (54 per cent), the primary complainant was external to Victoria Police. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. While the majority of the DAUs work involves providing advice in relation to discipline briefs and assisting in the discipline charge process, the DAU also provides investigators with advice in relation to any disciplinary issues. This covers sexual harassment, gender and other forms of . IBAC auditors were not able to locate formal written advice on four of the 11 files that contained some indication that advice had been sought from the Discipline Advisory Unit (DAU). When the situation escalated, the manager closed the premises for safety reasons. It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. 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. As such, they will come across matters involving officers with whom they have trained, worked and socialised. 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. Then, the PSC can: investigate . 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. This represents eight per cent of all files in the audit and 42 per cent of the 12 files that resulted in at least one substantiated finding. The matter was thoroughly investigated by PSC and ultimately identified six instances of sexual harassment which resulted in the approval of a DCN by the Assistant Commissioner PSC. In relation to the file types considered in this audit, the VPM states that work file and corruption complaint investigations should be completed within 152 days of being lodged with PSC.64 The remainder of the files have a 90-day time frame.65 Those time frames may be extended in certain circumstances, which are set out in the VPM. Police Conduct Unit (PCU) - the PCU receives and classifies incoming complaints and incidents, IBAC Liaison Office - the office provides liaison between Victoria Police and our key oversight agency IBAC. . Controls were put in place to maximise consistency in the audit process. 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. As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . 3 A copy of the audit tool is included as an appendix to this report. A targeted DAT form indicated that the subject officer was directed to provide hair and urine samples, however the results indicate that breath and urine tests were conducted, both of which are inferior to hair testing. 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. IBAC also undertakes a range of other independent oversight activities. The goal of the PRSB is to support the journey of policing towards being a full profession. Ethics and Professional Standards Officers - EPSOs are a network of inspectors that provides direct support to regions, commands and departments for the management of integrity files and professional ethical standards across the organisation. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. 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. Notes on the file suggest that although more than one attempt was made to allocate the file to a PSC employee outside the Investigations Division, other areas of PSC did not have capacity to handle the matter. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. However, the only indication of that review is a handwritten note by the investigation manager which states it has been confirmed with DAU that no discipline action was required. Police Conduct Unit. Mandate. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. PSC advised IBAC that most of its investigators are now detective sergeants or more senior, to avoid difficulties associated with senior constables investigating more senior officers, and to address concerns raised in a 2012 internal review which identified issues with the quality of investigations conducted by detective senior constables. Were all relevant subject officers contacted? Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. No complaint was recorded in ROCSID. It is therefore important that investigations are conducted in a timely manner. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. Has any action been taken to progress recommendations in relation to issues identified? The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. Victoria Police say the incident will be investigated by the Professional Standards Command. Was there any delay in classification and/or allocation? 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. Are outcome letters to subject officers attached to the file? Does the investigator have a relevant complaint history in ROCSID which could affect their ability to investigate this matter? 26 VPMP, Complaints and discipline, section 6.2. 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. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). Complaints against Victoria Police: Contacts. member involved refers to an officer who is the subject of a complaint or a performance issue. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. That report made recommendations in relation to Victoria Police complaint handling processes. 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. 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. Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 files. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? maintain the ethical health of the workforce and reduce ethical risks and workplace harm. A complaint was initiated when tradesmen working on a police station located two imitation firearms and a can of OC spray in the ceiling cavity. other matters by direction of the Assistant Commissioner PSC. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. Comment on reasons for and/or length of extension. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. 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. As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. 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. For instance, one file raised concerns about an officer driving under the influence of alcohol. 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. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. Evidence was recorded as being partially considered if material (such as LEAP records, CCTV footage or call charge records) was attached to the file but involved a cursory review or had an inexplicably narrow scope. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. Auditors also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. This included: Of the 59 files audited, 33 (56 per cent) involved complainants who could not be contacted either because the complaint was lodged anonymously or because the complaint was generated internally by a Victoria Police officer in the course of their work.

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