As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling.
Professional Standards Command - NSW Police Public Site providing a range of strategic and tactical intelligence products, educating our employees in appropriate ethical behaviours and the management of integrity hazards, the provision of the Integrity Management Program, policy coordination, risk planning and risk management/mitigation, responding to IBAC and other oversight body recommendations. This is outlined in the case study on the following page. Was a conflict of interest otherwise identified by Victoria Police? mentioned human rights in some way but failed to identify human rights issues relevant to the file (14 files), failed to address human rights issues at all, including human rights issues relevant to the file (three files). The other involved allegations of declarable association, secondary employment without approval and reckless purchase and handling stolen goods in circumstances where the investigation could not establish reasonable belief. 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. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. similar allegations in the recent past (10 files), similar allegations in recent times and another complaint that was currently open (three files). While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. 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. Victoria Police has accepted these findings. Analysis of trends and patterns relies on complete and correct data. As part of that review, it would be prudent for PSC to consider its own recruitment processes including the checks undertaken and criteria applied when recruiting new investigators to PSC to ensure that PSC employs staff of the highest integrity. 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. This is illustrated in case studies 27 and 28. 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. Of the 59 files in the sample 10 were reclassified. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). At times, a link might contain one document that was accurately named, such as CCR data for [person A]. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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.
Police go unpunished after pepper-spraying and arresting photographers Complainants and members of the public who are directly involved in an incident must be informed of the progress and key stages in an investigation. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. In the final report, the investigator noted that unauthorised disclosure of police information is a Schedule 4 offence which would require consultation with the OPP to proceed by way of discipline notice, however if the AC PSC determines that the matter be appropriately dealt with by means of admonishment or workplace guidance, consultation with the OPP is not required. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? Overall, 56 per cent of files (72 per cent of allegations) resulted in no action,52 while a further 24 per cent of files (12 per cent of allegations) resulted in the matter being filed as intelligence.53. An altercation then ensued, with Officer B attacking Officer A. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. The IMG notes that where investigations reveal and recommend discipline action investigators should consult the DAU to establish the requirements in proving the alleged breach [noting that] consultation at the earliest opportunity is essential for expedient resolution.51. Comment on action taken in relation to identified human rights breaches. Of the five complaints in which a targeted DAT was approved, none returned a positive result. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. Comment on human rights issues that were or should have been addressed. PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. discipline charges recommended by the DAU and/or investigators were downgraded by the Assistant Commissioner PSC in circumstances where there was a prima facie case to answer (two files). 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. PSC did not investigate the sergeants alleged false report, or make any enquiries in relation to senior managements knowledge of the incident, ignoring significant issues raised in the complaint. Auditors considered that evidence was only partially considered in five complaints. Auditors identified issues with the information recorded in ROCSID in relation to 19 files. The guidelines state the request for extension and the approval must be attached to the file.67 PSCs standard operating procedures state that extension requests, approvals and rejections must be recorded in ROCSID.68. Examples of matters identified by IBACs auditors that did not adequately identify allegations from the outset included: The audit also identified 13 matters where there were inconsistencies between the allegations recorded in ROCSID and the details recorded in the file. Issues identified in relation to record keeping on files included: All 59 audited files were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. As such, in all but the most exceptional circumstances (which should be documented), subject officers should be afforded an opportunity to respond to allegations, as a matter of procedural fairness. 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. A statement from a spokesperson for Victoria Police: Professional Standards Command (PSC) and Victoria Police's Legal Services Department have commenced an investigation into potential issues regarding the compilation of affidavits. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. 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 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. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. If yes: Did the supervisor identify the need for further work? Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. Auditors noted that an investigator could then recommend that the matter be filed for intelligence if the content was considered to be of value for intelligence purposes. This included files that contained: Interpose also has the capacity to log avenues of enquiry pursued by an investigator (such as contact made with subject officers, complainants and witnesses). 50 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, pp 11-12 notes that that audit identified two complaints where Tasmania Police did not follow the principal legal officer recommendation to seek advice from the DPP; NSW Ombudsman 2016, Annual Report 2015/16, pp 48-49 notes that the agreement between the NSWPF and the DPP should be revised to provide police officers with better guidance about the types of matters that require consultation with the DPP. 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. 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. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. 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. 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). twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. Small aircraft crash reported on Salt River Pima. 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. All of the work files in the audit contained serious allegations.
Victoria Police | Contacts & Services Directory Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. In an attempt to identify the subject officer the PSC investigator: Based on the available information, the investigator compiled photo boards of possible suspects as they would have appeared at the time of the incident. 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.
The fact that clear allegations of traffic offences raised in this complaint namely, reckless driving, speeding and drink driving were not recorded in ROCSID raises questions about the accuracy of the data more generally. Did the complaint give rise to any risks that warranted immediate action? The file does not contain any notes to indicate why the subject officers wife was not contacted. 2 Victoria Police Professional Standards Command, 2.2 Legislation and policies relating to Victoria Police complaints and investigations, 3.1.2 Characterisation of allegations and classification, 3.1.4 Identification of police officers who are the subject of the complaint, 3.3.5 Outcome advice to complainants and subject officers, 3.4.2 Registration, classification and allocation. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. The six files that took more than 20 days to allocate included one file that took 211 days to allocate to an investigator, due in part to the fact that the subject officer was attached to PSC Investigations Division. Were interviews with subject officers conducted at the end of the investigation? formal interim action in relation to eight subject officers (six files). IBAC also acknowledges that Victoria Police has recently taken steps to improve the identification and management of conflicts of interest in complaint investigations, including through the introduction of a new form. 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. Officers who undertake investigations should be of excellent character and not have a history of complaints that would raise concerns about their impartiality or ability to investigate a complaint. Mandate. The audit only identified one file that attached a conflict of interest form. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. The following case study provides an example of a matter in which extensive efforts were made by the investigator to identify relevant subject officers. 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 audit did not identify any matters where delays clearly compromised the investigation, it is important that delays are minimised, given that involvement in a complaint investigation can be very stressful for both complainants and subject officers. This decision effectively circumvented the requirement to consult with the OPP. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. 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. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. In another, the Assistant Commissioner PSC determined that consultation was not required because the assaults on civilian victims only involved summary assaults while the police victim was unwilling to proceed with criminal charges even though the requirement to consult is predicated on reasonable belief that the offence has been committed, not reasonable belief that the charge will be successful at court. . Admonishment notices are intended to be used when there is a minor breach of discipline and may be issued by a supervisor or a PSC investigator. 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. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. The total number of identifiable subject officers was 56. We will verify the details you have sent, and correct the record if necessary. In one matter, the complainant clearly identified the wife of the subject officer as a civillian witness to some of the events described in the complaint. A number of officers were intoxicated and got into an argument with civilians on the dance floor. PRSB.Enquiries@prsb.vic.gov.au (External link), Mondayto Friday 8am to4pm (excluding public holidays). 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. 34 Percentages may not add to 100 due to rounding. That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. 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. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. 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. 60 IBAC, Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch, December 2016, Recommendation 1, and 30 June 2017 progress report from Victoria Police.
Systemic review of police oversight | Engage Victoria Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. . 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. Professional Standards Command. It is understood Victoria Police is committed to a significant simplification of determinations. In the second matter, PSC investigated an allegation of multiple assaults following a police work Christmas party that had progressed to another venue. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer.
Professional Standards Command - Capability | Victorian Government a department head (generally an Assistant Commissioner) for subsequent extensions. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. 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. 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. It is not clear why PSC closed the file without investigating the extent of the association. In that matter the complainant sought compensation for property damage during the execution of a search warrant, and alleged that female occupants were not allowed to cover up at the time of entry, in accordance with their religious beliefs. IBAC continues to liaise with Victoria Police on this issue, emphasising the important role rigorous conflict of interest processes play in demonstrating impartiality in complaint investigations. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. 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.
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