This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. two files that were not technically delayed because they were reclassified as work files extending the final time frame by 62 days, however that reclassification did not occur until after the original 90-day time frame (for a C2-1 and a C3-3) expired. 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. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. 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. 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. failed to notify police or offer assistance to attending officers on becoming aware of the assault. Case study 12 is an example of a matter where an investigators request for a DAT was declined for reasons that auditors did not consider appropriate. 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. Was the investigation competed within the time frames set out in the VPMG? Victoria Police has accepted these findings. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. The determination was ultimately changed from exonerated to not substantiated. In a statement, Victoria Police said the "exact circumstances" around the incident were "yet to be determined" and added that it was being investigated by the Transit Safety Division and Professional Standards Command. . 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. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. Complaint histories can also help identify welfare issues and opportunities for early intervention. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Contact Details . This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. 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. The Professional Standards Bureau contains a variety specialized units. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. The body notified IBAC about the allegations against Rosenblum . 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. 16 Allegations identified in those files included criminal associations, assault off duty, and drug use or possession involving identifiable police officers. What reasons were noted for extensions sought? The extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. 34 Percentages may not add to 100 due to rounding. 70 VPMG, Complaint management and investigations, section 6.7. Comment on progress updates to complainant. document.write("Date last reviewed: " + dateFormat("2019-03-15 04:25:22.727+0000")), Date last reviewed: 2019-03-15 04:25:22.727+0000, https://www.vic.gov.au/contactsandservices/directory?ea0_lfz149_120.&organizationalUnit&e2b6f24a-0c8e-448c-a847-7b59d5838895, Privacy Statement: The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. Mandate. This process should ensure IBAC is notified of all work files. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. As well as being contrary to procedure, this lack of documentation made it difficult for auditors to assess whether extensions were justified, whether they had been approved by the appropriate officer and the length of extension that was granted. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. A good complaint handling process must be transparent. A complaints form can be completed online. 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). In particular, the majority did not attach conflict of interest forms, investigation plans, or a copy of the DAU advice or extension approvals (where sought). to support and promote the continuing education and professional development of police officers, protective services officers and police reservists. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. Until recently, that notification did not include C1-0 files as they are not considered complaints. 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. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. Of the 14 complaints where investigators did not contact subject officers but recorded reasons, reasons included: The decision not to contact subject officers when a matter is filed as intelligence appears to be supported by the VPM complaint management and investigations guidelines. In a matter that involved a total extension period of 534 days: the first extension request was made two months after the initial 152-day time frame expired for a C3-4, the second request was made six months after the first extension expired. Does the final report identify any policy or procedural issues? 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. Comment on differences between determinations in the final report, the final letters and ROCSID. This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. 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. 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. The audit identified 28 complaints that involved at least one relevant police witness. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. In the following matter, a work file was not reclassified as a criminality complaint (C3-3) until after the PSC investigation was completed, despite identifying possible criminal charges. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. Was the complainant updated on the progress of the investigation? In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. The IMG notes that the circumstances of the investigation and the type of complaint will frequently control the order of interviews (however) as a general rule, interviews should be conducted in the following order: Of the 59 files audited, 43 (73 per cent) were recorded as automatically generated complaints.32 In instances where ROCSID recorded that the complaint was automatically generated, but also identified some other person as a complainant in any way, the other person has been counted as the primary complainant for the purpose of seeking clarification or providing outcome advice pursuant to section 172 of the Victoria Police Act. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. 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). Victoria Police will ensure policies are aligned to the outcomes of the review. It is good practice for police to seek the opinion of the OPP as early as possible where there appears to be substance to an allegation that a police officer has committed a criminal offence.50, PSCs Investigations Division includes a dedicated Discipline Advisory Unit (DAU) which assists investigators with all aspects of the discipline process, including the need to consult the OPP. Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. These types of allegations warrant notification to IBAC. Ethical conduct standards which comprise shared values and expectations of the profession. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. A small proportion of complaints are investigated centrally by PSCs Investigations Division. 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. A complaint was later made alleging the subject officer relayed that information to her partner. IBAC Insights provides quarterly updates, analysis and commentary, Follow us for the latest on our investigations, research and events, Information for Public interest Disclosure Coordinators, Discipline Advisory Unit (Victoria Police), Independent Broad-based Anti-corruption Commission, Victoria Police investigation, intelligence and registry management system, Law Enforcement Assistance Program (a Victoria Police database), Victoria Police professional development and assessment plan, Professional Standards Command (Victoria Police), An offence referred to in Schedule 4 of the Victoria Police Act, Register of Complaints, Serious Incidents and Discipline (a Victoria Police database), Victorian Equal Opportunity and Human Rights Commission, a matter uncovered during an investigation not forming part of the complaint laid (such as a failure to complete an official document), requiring remedial action, the weight of available evidence does not support the account of events as described by the complainant, but is weighted in favour of the account given by the employee Unable to determine the available evidence does not permit the investigator to establish whether the complaint is true or not, the complaint is not proceeded with, due to the unwillingness of the complainant to supply information but is unwilling to withdraw the complaint, or there is some other reason for being unable to take the complaint further, a complainant having made a formal complaint, of their own volition makes a request that the complaint investigation cease, a query or complaint by a person that is subsequently found to be an action sanctioned by law, or a complaint lodged by a third party which is denied by the alleged victim who has no complaint to make, the available evidence clearly establishes that there are no grounds for the complaint whatsoever, the evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame. 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 . It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. If no: What was the primary reason for delay in investigation? Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. one complaint of criminality not connected to duty (C3-3) that was reclassified as a work file on closure on the basis that PSC wished to retain the allegation for intelligence without alerting the subject officer to the complaint. Read the stories of successful career mobility, All categories of decisions that can be reviewed, Information about Enterprise Agreement Disputes, Community of Practice for Ethics Education, Find out what we do and how to get involved. In a further two files the investigator did not contact any of the relevant complainants. The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. Directory Home Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. 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. 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. 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. PSC retains the most serious and complex matters for investigation. IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. resignation or termination of the subject officers employment before the complaint could be investigated (three files). Although these should have been included, they were not likely to alter the determination. 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 . If IBAC is not notified of complaints, this has the potential to limit IBACs capacity to oversight PSC files, monitor trends in complaints against police and identify Victoria Police officers attracting disproportionately high numbers of complaints. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. Can . The file is then assigned to the relevant investigation unit manager for allocation to an investigator. overstated the number of allegations in ROCSID (two files). The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. IBACs role includes: The Victoria Police Act 2013 provides a legislative regime in relation to complaints about police.4 Under the Victoria Police Act, Victoria Police is required to: After IBAC receives a complaint investigation report from Victoria Police, IBAC may also request that the Chief Commissioner take action that IBAC considers appropriate. While not formally documented using form 1426, various emails and other notes on the file suggest that the file was allocated to an officer in the PCU who was considered to be sufficiently removed from Investigations Division. The PSC investigator focused on whether the subject officer disclosed that the information came from a registered human source or simply told her partner that a crook had alleged he was dealing drugs. 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. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. 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. However, the value of the investigators analysis is questionable. 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. A targeted DAT form indicated that the subject officer was directed to provide breath and urine samples. In the course of preparing criminal charges against a subject officer for obscene exposure, PSC identified a separate sexual harassment issue, created a separate work file and undertook preliminary enquiries to identify relevant victims and complainants. 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. High quality education and training qualifications and programs. 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. Corporate and Regulatory Services. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. 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. 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. Was the extension approved in accordance with the VPMG? This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. This should include the results and the action taken or proposed to be taken at the completion of the investigation as directed under the Victims Charter Act 2006. 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. The majority of complaints are referred to the regions, departments or commands for investigation. Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. two contained clear allegations of corruption involving identifiable police officers, suggesting a C3-4 classification was appropriate. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. One involved allegations of sexual harassment. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". However, the higher substantiation rate for allegations investigated by PSC may be due in part to the fact that matters retained by PSC for investigation are more likely to result in charges or other discipline action if substantiated. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. Has any action been taken in relation to identified human rights breaches? Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. Specific allegations are not identified or highlighted by the PCU. 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). Figure 1 outlines the audited files by classification upon closure. In an email to his manager, the investigator advised that his recommendation was based on verbal advice from the DAU that no further action was required because it would not be abnormal for a serving member to try to persuade the intercepting member to not take action (ie PBT/speed). Comment on human rights issues that were or should have been addressed. Are extension requests and approvals attached to the file? However, only 20 per cent of the files audited contained a formal investigation plan. This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. 13 VPMG, Complaint management and investigations, section 1.1. The investigation report contained details of the intercepting sergeants: In a statement, the sergeant stated the rider observed the police vehicle and immediately indicated I then cancelled the [request for assistance] as I identified the rider to be [the subject officer].