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. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. work file (C1-0) or correspondence (C1-6) classifications for matters that raised clear allegations involving an identifiable subject officer from the outset (11 files). failed to notify police or offer assistance to attending officers on becoming aware of the assault. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). All of which . unfounded was the most common determination on an allegation basis (18 per cent of allegations). 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. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. To address this, the investigator suggested that: At the earliest opportunity when the personal relationship breakdown was identified by management, a plan should have been implemented and conveyed to both parties outlining: Relationship breakdowns between married colleagues are not uncommon and Victoria Police is likely to encounter similar issues in future. PSC should be the exemplar for complaint investigation within Victoria Police. results and any actions taken or proposed to be taken on completion of a complaint investigation. 70 VPMG, Complaint management and investigations, section 6.7. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The VPM complaint management and investigations guidelines states: It is a requirement of the Victims Charter Act that complainants and members of the public who are directly involved in an incident are: The last point reflects the requirements of section 172 of the Victoria Police Act, which states that the Chief Commissioner must in writing advise the complainant of the results of the investigation and the action taken or proposed to be taken unless it would be contrary to the public interest. 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). 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 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. Accurate records are essential for accountability and data analysis. rosters to confirm who was working at the time of the incident. 64 C1-0 work files and C3-4 corruption complaints. Master of Arts (MA) with distinction in criminology and criminal justice from the University of the Fraser Valley focusing on BC municipal police deviance, misconduct, and corruption. A complaint was later made alleging the subject officer relayed that information to her partner. 45 Percentages may not add to 100 due to rounding. GPO Box 913 Melbourne VIC 3001. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. 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. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. Has VP Form 1426 (Oversight/Investigation Conflict of Interest Questionnaire and Approval) been completed? This included six complaints that were upgraded to a corruption or criminality classification17 and four files that were downgraded to a work file.18, The PSC Conduct and Professional Standards Division Standard Operating Procedures (SOPs) state a complaint should not be reclassified unless an investigation reveals a different allegation or the allegation has been changed by the complainant.19. 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. Is the final letter to complainants attached to the file? Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. 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. 3 A copy of the audit tool is included as an appendix to this report. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. In two files the investigator only contacted some of the relevant complainants. spraying a woman with capsicum foam to bring about compliance during an eviction. Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. one file recommended that the complainant be notified in writing but did not attach a copy of correspondence to confirm that this occurred. 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. For the purpose of this audit, a formal investigation plan was considered to include any documents or information on the file that could be interpreted as formal pre-planning for the investigation. The final report acknowledged the original investigation would not have been considered adequate in the current environment. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. 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. This included: Of the 59 files audited, 33 (56 per cent) involved complainants who could not be contacted either because the complaint was lodged anonymously or because the complaint was generated internally by a Victoria Police officer in the course of their work. This issue is discussed further in section 3.3.3.3. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. Are outcome letters to subject officers attached to the file? 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. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. 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. Contact. Can . . Were all relevant civilian witnesses contacted? informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. requiring investigation plans to be completed and attached to complaint files, noting that this is particularly relevant for the serious and complex matters that PSC primarily handles, requiring that the official conflict of interest form is completed for all investigation files, noting that PSCs independence from other Victoria Police work areas does not negate the need to identify and manage an investigators actual, potential and/or perceived conflict of interest in relation to a specific matter, reviewing the system of determinations to reduce and simplify determination categories, to help ensure clarity for investigators, complainants and subject officers. While one file may have recorded a determination of not finalised in error, 13 work files recorded a determination of for intelligence purposes, suggesting this is not a one-off administrative error. In October 2017 Victoria Police accepted these recommendations in principle. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. What reasons were noted for extensions sought? allegations of serious criminality involving Victoria Police employees, allegations of serious corruption involving Victoria Police employees, issues posing a significant reputational risk to Victoria Police, oversight of deaths and serious injury to persons directly resulting from police-related incidents; including police custody, police operations, pursuits and critical incidents, allegations relating to serious breaches of Victoria Police discipline. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). Controls were put in place to maximise consistency in the audit process. five complaints with minor shortcomings in the evidence considered. 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. Some of these files were managed locally. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. When the provision was first introduced into legislation, parliamentary debate noted that the provision was intended to make the public confident that when a police officer is under investigation for a criminal offence a reference will be given, firstly, to the DPP to see if charges will be laid before the matter progresses any further, and secondly, to assure the public that the police will not be treated differently from the public at large.57. 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. This did not occur until: In circumstances where IBAC is not notified until after completion of PSCs investigation, IBACs ability to effectively oversight these matters is severely limited. The investigator could then recommend that the information be considered for intelligence purposes (with restrictions placed on the file where necessary) rather than reclassifying the complaint as a work file that contains intel only. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? One involved allegations of sexual harassment. This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. Contact Us. only discussed human rights insofar as they related to the conduct of the complaint investigation process and the rights of the subject officer (three files). Auditors identified issues with the information recorded in ROCSID in relation to 19 files. 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. This issue was also identified in IBACs Operation Ross which investigated incidents involving alleged excessive use of force by some Victoria Police officers at the Ballarat police station.23 In addition, IBAC is advised that PSC is currently undertaking a broader review of probity issues which may provide further clarity in relation to how complaint history information is considered by investigators.24. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. This included eight files which were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations characterised as drug use, assault and criminal association. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. 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. These types of allegations warrant notification to IBAC. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. call to police communications in which he reports that he lost sight of the vehicle. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. Do the subject officers have complaint histories relevant to the current complaint? In addition, 21 of the remaining 24 files did not require advice because the subject officer was identified in relation to a work file or corruption complaint (C1-0 or C3-4).
Beneteau First 27 Phrf Rating,
Due Date Did Sarah Cheat,
Articles P