43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. Comment on human rights issues that were or should have been addressed. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. Auditors identified a further four files in which there was no discussion or attachments to indicate that complaint histories had been considered, even though at least one subject officer had a complaint history relevant to the current complaint. Some of these changes were appropriate, while others were not. Can . As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. the minimum level of professionalism required by both members, the impact of their personal lives upon other members working at the station, consequences of any identified breaches of discipline or legislation (ie workplace bullying), welfare and counselling services available, negotiation by consent for a short-term transfer to neighbouring stations to mitigate any ongoing workplace tension, relevant PDA entries for both parties outlining the minimum professional standards required from sworn members both on and off duty without reference to their personal circumstance linked to a performance discussion. 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. Back to top . 35 VPMG, Complaint management and investigations, section 6.2. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. While PSC may be physically removed from other areas of Victoria Police, its officers are not immune from potential conflicts of interest. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. If no contact but reasons given: What reason was given? The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. Of the 59 files in the sample 10 were reclassified. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. 3 A copy of the audit tool is included as an appendix to this report. That MOU is only concerned with offences that relate to section 227 of the Act, namely, summary offences involving unauthorised access to, use of or disclosure of police information.56 Victoria Police also advised that based on discussions with the DPP in 2016, the Assistant Commissioner PSC only consults where it is considered there is sufficient admissible evidence to inform a reasonable prospect of conviction. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. 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. sufficient evidence to substantiate an allegation in circumstances where determinations of not proceeded with, withdrawn, unable to determine or not substantiated were reached (four files), as discussed in case study 16. highlighted significant doubts that the subject officer would loan his personal riding gear to an unknown person, noted that the officers address was not part of the advertisements, meaning that the rider must have contacted the officer to arrange a test drive. classified and sorted) by the Police Conduct Unit ( PCU ), which is a unit of the PSC. As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. the scope of the work file classification is well defined, and has short time frames, to reflect the preliminary nature of those enquiries. Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers complaint histories, including 14 files that discussed those histories in some way. Following IBACs audit of complaints investigated by PSC, IBAC recommends that Victoria Police: IBAC also reiterates recommendations made in IBACs Audit of Victoria Police complaints handling systems at regional level (2016) and Audit of Victoria Police oversight files (2018) in relation to: Victoria Police has accepted IBACs recommendations and IBAC will monitor their implementation. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. If workplace guidance or admon this arguably jumps the need for consult. This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. 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. 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. 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. This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. This included four complaints in which a targeted DAT was proposed by the investigator but not approved. 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 the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. 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. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. Following the arrest of the subject officer for unrelated alleged sex offences four years later, local management provided details of the 2011 matter to PSC. . That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. Were interviews with subject officers conducted at the end of the investigation? 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. 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. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. Victoria Police is obliged to notify IBAC of complaints received about corrupt conduct or police personnel misconduct by a Victoria Police employee or police recruit.22 In practice, an automated email is sent to IBAC by Victoria Police when a file is classified as a notifiable C2-1, C3-2, C3-3 or C3-4 complaint. IBACs audits also identify good practice that could be considered more broadly by Victoria Police. 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. 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. 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 . This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). 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. More allegations were substantiated in this audit compared with IBACs 2016 audit. Comment on policy or procedural issues that were or should have been identified. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. At the conclusion of his investigation, the PSC investigator noted that station managements failure to intervene adversely affected morale at the station as well as the divisions service delivery. Contact Us. A complaint was later made alleging the subject officer relayed that information to her partner. If yes: Did the supervisor identify the need for further work? If no: What was the reason for the lack of contact? 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. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. 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. However, it is considered the decision not to consult in case study 23 on the basis that the then Assistant Commissioner considered there was insufficient evidence to support a conviction, defeats the purpose of section 127(2). In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. Of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected (C2-1, C3-2 and C3-3 files) in the sample, seven (41 per cent) were completed within the 90-day time frame while 10 (59 per cent) took more than 90 days to complete. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). 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. 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. In March 2018 IBAC published an Audit of Victoria Polices oversight of serious incidents. Communication of progress and outcome to complainants, Communication of outcome to subject officers, Time taken to register, classify and allocate, Time taken to investigate and consequences of delays, Audit of complaints investigated by Professional Standards Command, Victoria Police, reviews the definition and use of the C1-0 work file classification, and formalises arrangements to notify IBAC of matters classified as work files, considers the checks undertaken and criteria applied when recruiting new PSC investigators as part of its review of probity issues, ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed, consistent with section 127(2) of the Victoria Police Act, ensures advice provided by the PSC Discipline Advisory Unit and reasons for key decisions, including those of the Assistant Commissioner PSC, are clearly documented and attached to the investigation file. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. 64 C1-0 work files and C3-4 corruption complaints. 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. Victoria Police will ensure policies are aligned to the outcomes of the review. 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. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. 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. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. call to police communications in which he reports that he lost sight of the vehicle. During 2017, Victoria Police rolled out the use of an electronic investigation and intelligence registry management system, known as Interpose, to manage complaint investigations. PSC also obtained details of the subject officers online advertisement and statements from the two people who responded to the advertisement, including the purchaser, who picked the motorbike up the day after the speeding ticket. It is not clear from the file whether this recommendation was actioned by Victoria Police. 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. The IMG lists a range of actions to be considered when a complaint is received, concluding that initial action should involve completing all reasonable avenues of initial enquiry.36 The IMG also lists material that should be considered in terms of compiling the file.37. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. managing the Discipline Transformation Project which aims to streamline and simplify the complaint and discipline system to improve timeliness, proportionality and transparency whilst maintaining a remediation and victim focus. Has any action been taken to progress recommendations in relation to issues identified? The review identified options and recommendations for improvements to Victoria Police practice and policies. Of the 42 files finalised as work files or corruption complaints (C1-0 and C3-4) in the sample, the majority 23 (55 per cent) were completed within the 152-day time frame, while 19 (45 per cent) took more than 152 days to complete. VIC POL STATEMENT 270422. Directory Home Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. Risks arising out of complaints were generally well identified and the audit considered that investigators took reasonable steps to apply formal or informal interim action where appropriate. 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. unfounded was the most common determination on an allegation basis (18 per cent of allegations). list all identified members involved in ROCSID (seven files), correctly identify members involved in the investigation report or ROCSID (two files). Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. 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. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Phone: 1300 363 101 . Supporting police professionalisation. 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. Until recently, that notification did not include C1-0 files as they are not considered complaints. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. 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). 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. If not notified: Should IBAC have been notified? Notes on one file indicated that the public complainant, who was interstate, declined to participate further, while the other file involved a detailed report from the former officer in charge of a police station which did not require further follow up. fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. However, the value of the investigators analysis is questionable. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. 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. One involved allegations of sexual harassment. The audit identified 34 complaints that involved at least one relevant civilian witness. IBACs audit found that where a complaint gave rise to immediate risks that warranted action before completion of the complaint investigation, PSC investigators generally took appropriate action. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). 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. Does the audit officer agree that this period of extension/suspension was approved? Comment on action taken in relation to identified policy or procedural issues. If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. 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. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. 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. 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. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons.
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