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. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. 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. Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. 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. In that matter the complainant raised concerns that a police officer was associating with outlaw motor cycle gang (OMCG) members, and made a public comment in relation to a police project on social media. Police Conduct Unit. Date in ROCSID when investigation was completed. 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. Matthew Bui on LinkedIn: After 16 fantastic years as a frontline associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. Auditors did not consider this appropriate. PRSB.Enquiries@prsb.vic.gov.au (External link), Mondayto Friday 8am to4pm (excluding public holidays). 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? However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. The guidelines also state that unless an investigation is classified as work file or a corruption complaint (C1-0 or C3-4), employees are to be informed in writing about the result of an investigation and the action taken or proposed to be taken unless to do so could jeopardise the investigation or future investigations.63. The VPMG allow extensions in certain circumstances. This included one file that involved five extension requests totalling 425 days. Police misconduct in Victoria is defined in the Victoria Police Act 2013 and the IBACA to include: the failure or refusal to perform duties. The audit identified only one file where the investigators complaint history suggested a pattern of issues relevant to the file they were investigating. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. 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. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. A complaints form can be completed online. The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. In each of those files auditors found that a determination of unable to determine or not proceeded with would more accurately reflect the investigation findings. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. Complaints - Victoria Police Comment on progress updates to complainant. 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. If yes: Where were the planning documents found, Comment on planning documents (or lack of). While Interpose includes an investigation plan tab, only five files used that tab (to prepare basic plans), while a further six had uploaded some other planning documents in Interpose. In 56 of the 59 files (95 per cent) auditors could not find any evidence that the investigator had considered conflict of interest issues at any time during the investigation. 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). for intelligence purposes (15 allegations). 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. 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. The Professional Standards Division was established under the Victoria Police Act 2013: to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for police officers, protective services officers and police reservists. Given the pivotal role of DAU advice in determining the action that will be taken in relation to a subject officer, details of the request and advice provided should be clearly documented and attached to each file. Mandate. 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). 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). Does the investigator have a relevant complaint history in ROCSID which could affect their ability to investigate this matter? It would have been prudent for Victoria Police to circulate the organisational learnings identified by this investigator to assist other commands to identify and manage similar situations. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. 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. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. 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. However, on review, the Assistant Commissioner PSC downgraded the recommended discipline charge to workplace guidance on the basis that this is an arguable case of self-defence and I give the benefit of the doubt to [the subject officer]. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. After 16 fantastic years as a frontline operational police member, I am fortunate to move into my new role, at a new rank, as Inspector at Professional Standards Command in Victoria Police. The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. Start your journey with us and apply today! informal interim action in relation to 10 subject officers (10 files). As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. Once the investigator has answered those questions, form 1426 must be approved by the investigators supervisor who is required to develop a conflict management plan if needed. . VIC POL STATEMENT 270422. 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. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. Comment on differences between determinations in the final report, the final letters and ROCSID. 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. 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). Was a conflict of interest otherwise identified by Victoria Police? Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. Was the choice of investigator appropriate? IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. On this basis, 12 files were considered to contain a formal investigation plan. 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. These types of allegations warrant notification to IBAC. The IMG states that documents should be attached chronologically from the back of the file, and should include final and interim reports, investigation plans, statements, medical reports and other relevant evidence.74. The department 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. 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. Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. formal interim action in relation to eight subject officers (six files). No complaint was recorded in ROCSID. 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. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. 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. Local management made enquiries with the victims (who all confirmed the inappropriate behaviour but declined to make a formal complaint or provide statements) and the subject officer (who made admissions). nine files that did not correctly identify or list all identified subject officers, seven files that recorded an invalid determination, three files that recorded invalid actions or failed to record all the actions recommended in the file. one work file that was reclassified as a corruption complaint (C3-4) on closure, but warranted classification as a complaint of criminality not connected to duty (C3-3), for allegations of drug possession and misuse of ammunition, two corruption complaints (C3-4) and one minor misconduct complaint (C2-1) that were reclassified as work files on closure on the basis they contained intel only. overstated the number of allegations in ROCSID (two files). 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. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. This is highlighted in case studies 17 and 18. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. Victoria police officer appears to stomp on man's head during arrest 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. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. 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 . Complete and accurate data is essential to proactive identification of emerging patterns or issues, as highlighted in this case study. Auditors also disagreed with the initial classification of 16 files. That form contains four key questions that prompt the investigator to consider whether they currently or previously worked, socialised, trained or worked at the same location as any of the identified people in the investigation. 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. This matter is discussed in case study 24. Auditors considered it reasonable to finalise one matter as a C1-0 file on the basis that preliminary enquires confirmed the complaint involved a case of mistaken identity. Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. 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. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. 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. 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. Are extension requests and approvals attached to the file? Two files involved allegations that unsworn Victoria Police employees were using drugs. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. Rape case against Victorian police officer collapses in blow to force's Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. 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. Professional Standards Command - Victoria Police 3y 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. A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. When the PSC receives a complaint, the complaint is triaged (i.e. 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. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. 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. 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. nine per cent of files had at least one allegation with a determination of substantiated. The majority of complaints are referred to the regions, departments or commands for investigation. 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. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. The file was ultimately closed as a work file with a determination of for intelligence purposes in ROCSID in relation to one allegation of malfeasance criminal association. One complaint of criminality not connected to duty (C3-3) contained notes to indicate it was not necessary to formally advise the subject officer of the outcome because he received workplace guidance in 2011 after admitting to the allegations. 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. Two of these matters resulted in proven findings at discipline hearing while the remaining two were not heard because the subject officer resigned or was dismissed (in relation to another matter) prior to hearing. More allegations were substantiated in this audit compared with IBACs 2016 audit. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 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. All complaints are received, processed and classified by the PCU according to the VPM.11 Classification is important because it plays a role in determining what matters are retained by PSC, what matters are notified to IBAC, what allegations are recorded in a subject officers complaint history in ROCSID, and the time frames that apply to the investigation. 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. IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. 58 VPMG, Complaint management and investigations, section 12.3. minor misconduct, misconduct connected to duty or corruption (C2-1, C3-2 or C3-4) classifications in circumstances where the chosen classification did not reflect the main allegation in the file (five files). The Division employs 54 investigators (FTE). for intelligence purposes was the most common determination on a file basis (22 per cent of files). Are outcome letters to subject officers attached to the file? results and any actions taken or proposed to be taken on completion of a complaint investigation. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. call to police communications in which he reports that he lost sight of the vehicle. 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . The audit identified 34 complaints that involved at least one relevant civilian witness. This complaint was classified as a work file. Was a formal investigation plan prepared from the outset? Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Specifically: Most files did not contain notes detailing the strategies employed by PSC to mitigate an investigators lack of seniority. Conflicts of interest were generally poorly addressed. In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. It is understood Victoria Police is committed to a significant simplification of determinations. For instance, one file raised concerns about an officer driving under the influence of alcohol. On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. Some of these files were managed locally. Has any action been taken in relation to identified human rights breaches? Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. suspension with and without pay in relation to four subject officers, revocation of an officers ROCSID access in response to an allegation of inappropriately accessing and releasing information about complaints, liaison with mental health services about a complainants welfare before seeking a formal statement to progress a complaint. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. the third request was made a week after the second extension expired. Describe the charges laid (or recommended by the investigator, DAU or OPP if not pursued), Outcome of disciplinary and/or criminal proceedings (or details of how decision was reached if charges were not pursued). 47 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, p 8 in relation to the 1,010 allegations finalised over the three years from 2013 to 2015. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. 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. 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. The following case study provides an example of a matter in which extensive efforts were made by the investigator to identify relevant subject officers. Of the 18 allegations that were effectively substantiated, workplace guidance was the most common action recommended (nine allegations) followed by admonishment (six allegations) and discipline hearing (four allegations). This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. 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.