professional standards command victoria police
All of the work files in the audit contained serious allegations. 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 audit also identified concerns with how PSC handles complaints, including files that suggest there is room to improve the reporting culture among police officers, a failure to consistently document reasons for decisions about possible disciplinary action, and a range of uses for the C1-0 work file classification which appear to extend well beyond the stated purpose of undertaking preliminary enquiries. IBACs 2016 audit of complaint handling at the regional level noted the importance of ensuring that investigators are of a more senior rank to subject officers. However, IBAC only became aware of this complaint as a result of the audit. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. The file does not contain any notes to indicate why the subject officers wife was not contacted. In the following matter, a work file was not reclassified as a criminality complaint (C3-3) until after the PSC investigation was completed, despite identifying possible criminal charges. 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. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. PSC investigators have been required to manage their complaint investigations on Interpose since 2006. 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. 42 VPMG, Complaint management and investigations, section 12.2. running sheet which states he obs[erved] MC on rear wheel exiting [street]. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. This decision effectively circumvented the requirement to consult with the OPP. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings. Auditors identified issues with the information recorded in ROCSID in relation to 19 files. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. PO Box 401. 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]. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. Comment on policy or procedural issues that were or should have been identified. Auditors identified two other files that addressed conflicts of interest but not via the formal process. The elements of professionalisation which underpin PRSB strategic direction and projects are: A body of policing knowledge which members contribute to and engage with through continuing professional development, sharing knowledge, techniques and research. IBACs 2016 audit of Victoria Polices complaint handling at the regional level found that where action was recommended, it usually took the form of management intervention. complaints and disclosures about police misconduct and . That file contained two conflict of interest forms: one completed by the initial investigator who noted that he supervised the subject officer for two years (resulting in the file being reallocated), and one completed by the investigator who completed the matter, and who noted that he did not have any conflicts. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. The office is also the Victoria Police Public Interest Disclosure Co-ordinator. Professional standards The principle of policing by consent relies on the trust and confidence that the public has in the police service and the wider law enforcement community. 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. Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. This represents three per cent of all files in the audit and 33 per cent of the 12 files that resulted in at least one substantiated determination. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. No attempt was made to test the veracity of the allegation based on the information available to police. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability PSC advised IBAC that most of its investigators are now detective sergeants or more senior, to avoid difficulties associated with senior constables investigating more senior officers, and to address concerns raised in a 2012 internal review which identified issues with the quality of investigations conducted by detective senior constables. Do the actions in ROCSID reflect those in the final report and final letters? 7 Victoria Police Act 2013, s 170(1) and (3). Intent is not an element of the offence and IBAC auditors could not identify any discussion of possible reasonable excuse in the investigation file. nine per cent of files had at least one allegation with a determination of substantiated. After conducting preliminary enquiries, PSC concluded the matter did not require investigation and could be filed as intelligence on the basis that the former officer normally resided interstate. This includes working to deter and investigate employees involved in criminality or misconduct. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. 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. Following a review of this matter by IBACs Assessment and Review team, IBAC wrote to Victoria Police noting the reasons for providing workplace guidance were not documented. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. 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. In addition to auditing how Victoria Police handles complaints, IBAC's independent oversight of Victoria Police also includes reviews of selected matters investigated by Victoria Police, to highlight any concerns at the individual as well as the system-wide level. 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. An altercation then ensued, with Officer B attacking Officer A. 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. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. 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. overstated the number of allegations in ROCSID (two files). A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. 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. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. However, the value of the investigators analysis is questionable. What reasons were noted for extensions sought? 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. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. Officer A told Officer B to do as requested and pre-pay the driver. Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). Based on the items in those two lists, the audit assessed whether the following types of evidence were relevant to the complaint and if so, whether it had been considered by the investigator, namely: Auditors also noted any other information considered and assessed, and whether all relevant evidence was considered. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. Following an investigation in which an officer stopped for erratic driving was found to have attempted to dissuade junior officers from conducting a preliminary breath test (PBT), the investigator recommended no further action. The IMG states that PSC investigators must maintain an Interpose log detailing the status and progress of a criminal investigation and use ROCSID for monthly reporting purposes.27 The IMG notes that time spent on planning is never wasted and every aspect of the investigation must be carefully considered in the first instance and states that a detailed investigation plan should be prepared and submitted to the relevant manager for approval of all investigations.28. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. 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. Is the final letter to complainants attached to the file? This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. 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. If no contact but reasons given: What reason was given? Following an off-duty incident, a subject officer was charged with assault by interstate police (charges were later dropped due to the victims reluctance to attend court and the possibility that the court could accept the subject officers claim of self-defence). IBACs audit of PSC investigations found that allegations were not adequately characterised in 30 of the 59 files audited (51 per cent) including 21 files that understated the number of allegations. This should include the results and the action taken or proposed to be taken at the completion of the investigation as directed under the Victims Charter Act 2006. The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. PSC retains the most serious and complex matters for investigation. Professional Standards Command - Victoria Police 3y The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. It is therefore important that investigations are conducted in a timely manner. 48 VPMG, Complaint management and investigations, section 12.3. IBAC is advised that PSC is currently undertaking a general review of probity. CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. 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. While IBAC understands that all PSC investigators have access to ROCSID, it is not possible to say whether the history of a subject officer has been considered if it is not discussed in any way or attached to the file. document.write("Date last reviewed: " + dateFormat("2019-03-15 04:25:22.727+0000")), Date last reviewed: 2019-03-15 04:25:22.727+0000, https://www.vic.gov.au/contactsandservices/directory?ea0_lfz149_120.&organizationalUnit&e2b6f24a-0c8e-448c-a847-7b59d5838895, Privacy Statement: 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. Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. Seventeen warranted preliminary inquiries. 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. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. 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. Other shorter delays were associated with internal communications, administrative issues (including loss of the file and protected disclosure assessment requirements), and the receipt of further evidence. Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Officers who are either witnesses to suspected misconduct or corruption, or the victims of such conduct, must be supported to make complaints about their colleagues. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. 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. When contacted by the local CIU, the subject officer told detectives he did not know the victim well and had only met him for the second time when he visited the victim at his apartment for a drink (on one of the days that the party took place). 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 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. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. Until recently, that notification did not include C1-0 files as they are not considered complaints. Were the relevant complaint histories discussed on the file in any way? Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. Taking into account approved extensions, the audit identified 15 files that were delayed. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. Effective communication with relevant parties is an essential part of any investigation. Does the audit officer agree with the number of allegations? 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. 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. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. Once allegations have been identified that warrant classifying the matter as a notifiable complaint, it is not clear why it would ever be appropriate to later reclassify the complaint as a work file. GPO Box 913 Melbourne VIC 3001. While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. Complaints against Victoria Police: Contacts. 67 VPMG, Complaint management and investigations, section 6.6. Unfortunately, PSCs handling of the matters outlined above suggests that Victoria Police does not sufficiently value employees who identify issues or make complaints about colleagues by failing to sufficiently: Indeed, in both matters investigators were at pains to note that the police victim declined to make a complaint and only provided investigators with details when directed to do so, perhaps perpetuating the idea that a good police officer only reports the poor conduct of others when required to do so.