57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. The police also urged any witnesses to contact a helpline. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. It is understood Victoria Police is committed to a significant simplification of determinations. However, Victoria Police could do more to demonstrate that it values officers who raise concerns about the conduct of their colleagues and will support them through the complaint handling process. IBAC recommends that Victoria Police: 75 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 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. No attempt was made to test the veracity of the allegation based on the information available to police. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . 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. However, the earlier matter was not discussed in the file. An entry was made in the subject officers PDA and he was directed to undertake additional equity and diversity training, and submit a 500-word essay on standards of behaviour. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. Five IBAC officers undertook the auditing process. 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. Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. The file does not contain any notes to indicate why the subject officers wife was not contacted. discrediting Victoria Police. Did timing of reclassification adversely affect notification and/or investigation? In two of those files, specific officers were mentioned (without noting that they could be witnesses), while the third file noted that the incident occurred at a police function where attendees could have been identified, but were not. 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. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. Given that the criminal investigation had not reached its conclusion, it would have been prudent to conduct a targeted DAT as requested by the investigator, noting that this could have provided Victoria Police with further grounds for dismissal. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. 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. IBAC audited 59 PSC investigations into a range of complaints about Victoria Police officers, including allegations of improper criminal associations, drug use or possession offences, sexual offences, handling stolen goods, threats to kill, interference in investigation, and misuse of information. The unit is a part of professional standards command, the Victoria . IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. 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. Comment on human rights issues that were or should have been addressed. advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. 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 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers full employee history report complaints and compliments (complaint history report), including 14 files that also discussed those histories in some way.25 A further 12 files discussed subject officers complaint histories but did not attach a copy. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. 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). Were all relevant complainants contacted? However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. 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. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. Contact was made with all relevant complainants in the majority of files (22 of 26 files, or 85 per cent) where a contactable complainant was identified. 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. Professional Standards Command - Victoria Police 3y 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. This represents five per cent of all files in the audit and 25 per cent of the 12 files that resulted in at least one substantiated determination. member involved refers to an officer who is the subject of a complaint or a performance issue. 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. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. Some of these files were managed locally. . The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. 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. 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. twenty-two files involved extensions that were not approved by an officer of sufficient rank contrary to the VPMG requirements, seventeen files involved extensions that were made after the original due date or expiry of the preceding extension contrary to the VPMG requirements. To give effect to those provisions, the IMG states that Victoria Police has an obligation to comply with the Charter in its day-to-day operations as well as in the handling of complaints. Of the 59 files in the sample 10 were reclassified. Taking into account approved extensions, the audit identified 15 files that were delayed. A total of seven allegations were listed on the file including assault (serious) striking fist, malfeasance threats to kill and multiple allegations of malfeasance pervert justice interference in investigation. One of the risks in allowing files to be reclassified as work files on closure is that they can be closed prematurely. there is sufficient evidence to charge the complainant with making a false report to police. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. 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. Complaints can help identify organisational issues and opportunities for professional development. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. A small proportion of complaints are investigated centrally by PSCs Investigations Division. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). It is not clear why PSC closed the file without investigating the extent of the association. 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. 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. 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. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). 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. an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22). The investigators supervisor disagreed, expressing concern with the precedent it would set. promote a culture of high ethical and professional standards throughout the organisation, investigate corrupt behaviour, serious criminal behaviours and misconduct where police employees may be involved, identify and proactively address emerging integrity issues and trends. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". 40 Victoria Police 2015, Integrity Management Guide, paragraph 217. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. In April 2018 IBAC finalised the recommendations in this report following further consultations. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. 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. The Victoria Police intranet notes that while these interim action options are available, suspension should only be considered if the workplace risk cannot be mitigated. In the subject officers statutory declaration, he nominated an unnamed person as the driver. The Division employs 54 investigators (FTE). Auditors identified four files in which relevant complainants were not contacted. However, only 20 per cent of the files audited contained a formal investigation plan. Victoria Police has accepted these findings. The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. The VPMG allow extensions in certain circumstances. These matters suggest Victoria Police is adopting a serious approach to dealing with allegations of sexual harassment and sexual assault, and is sending a clear message to both victims and offenders that Victoria Police will not tolerate such conduct. 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.
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