This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. 26 VPMP, Complaints and discipline, section 6.2. police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. The other involved allegations of declarable association, secondary employment without approval and reckless purchase and handling stolen goods in circumstances where the investigation could not establish reasonable belief. a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . It is understood Victoria Police is committed to a significant simplification of determinations. As shown in Figure 2, of these 22 files, a member of the public was the primary complainant in 14 matters. This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. observed that the actual purchaser had already paid a deposit, denied sending someone to test drive the motorbike the day before he picked it up, adding that he would be upset if the subject officer let someone else test drive the motorbike after taking his deposit. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. While in custody at a New South Wales police station, a complainant alleged that a named Victoria Police officer made threats to kill, used drugs and attempted to pervert the course of justice. Auditors considered this appropriate. An admonishment notice was issued in relation to three files (six allegations). 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. 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. This included: The audit did not identify any matters in which there were concerns that delays compromised the investigation. 4 Victoria Police Act 2013, Part 9 addresses complaints and investigations. 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. 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. 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. 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. Ethics and Professional Standards Officers - EPSOs are a network of inspectors that provides direct support to regions, commands and departments for the management of integrity files and professional ethical standards across the organisation. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. 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. The determination was ultimately changed from exonerated to not substantiated. Two files involved allegations that unsworn Victoria Police employees were using drugs. These guidelines state that subject officers should generally be advised of the outcome and action taken in relation to an investigation, unless the file is classified as a work file or a corruption complaint (C1-0 or C3-4) or where the provision of that advice could jeopardise the investigation or future investigations.35. 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. These types of allegations warrant notification to IBAC. VIC POL STATEMENT 270422. On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. nine per cent of files had at least one allegation with a determination of substantiated. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. If IBAC is not notified of complaints, this has the potential to limit IBACs capacity to oversight PSC files, monitor trends in complaints against police and identify Victoria Police officers attracting disproportionately high numbers of complaints. information that clearly guided the investigation, such as contact lists, avenues of inquiry and results, but were not characterised or signed off by a manager as a formal investigation plan (two files). Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). GPO Box 913 Melbourne VIC 3001. Formal interim action recorded in ROCSID included: Interim action was not taken by Victoria Police in relation to identified risks in one matter involving allegations of sexual harassment because the subject officer was already suspended with pay for a separate complaint. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. 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. For information on reporting options and support available for victim survivors, visit our Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage. Victoria Police command welcomed the introduction of the Victorian Human Rights and Responsibilities Act in 2006 and have been driving a substantial part of this positive cultural change with new training emphasising human rights, new command structures, and new ethical, human rights and anti-discrimination guidelines and policies. 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. In these matters it is assumed that the complainant is not personally aggrieved. The VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. The final report acknowledged the original investigation would not have been considered adequate in the current environment. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. 45 Percentages may not add to 100 due to rounding. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. 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. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. ROCSID categorises an officers involvement in a complaint in two ways: At present Victoria Police does not have a formal policy to determine when complaint histories should be considered. Four files in the audit suggest that recent initiatives adopted by Victoria Police to address issues of predatory behaviour, sexual harassment and bullying are having a positive effect. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. It is understood that this review should address some of the issues identified in this audit. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. 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. All of the work files in the audit contained serious allegations. IBAC has made recommendations for Victoria Police to improve the way in which PSC investigates complaints. As a result, PSC also failed to notify IBAC of the complaint. Professional Standards Command. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . Auditors also disagreed with determinations made by PSC in 10 files (17 per cent) on the basis that there was either: The following case study provides an example of a matter where PSC reached a conclusion of unable to determine which was disputed by IBAC auditors. 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. two files that were not technically delayed because they were reclassified as work files extending the final time frame by 62 days, however that reclassification did not occur until after the original 90-day time frame (for a C2-1 and a C3-3) expired. This was also noted in IBACs 2016 audit of how Victoria Police handles complaints at the regional level. 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. 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. 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. 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. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. He requested consultation with the Assistant Commissioner PSC. 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. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. Effective communication with relevant parties is an essential part of any investigation. twelve files involved extensions for reasons that were questionable. This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Professional Standards Command is investigating the incident, Victoria Police said. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. Does the audit officer agree that this period of extension/suspension was approved? 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). It is not clear from the file whether this recommendation was actioned by Victoria Police. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. Of the 12 files that did not contain evidence to indicate that a final outcome letter was sent to the complainant: Of the 46 files that formally identified subject officers, 22 contained documents that indicated a final outcome letter was sent to the subject officers. Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit. Were all relevant subject officers contacted? Corporate and Regulatory Services. IBAC also acknowledges that Victoria Police has recently taken steps to improve the identification and management of conflicts of interest in complaint investigations, including through the introduction of a new form. 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. resignation or termination of the subject officers employment before the complaint could be investigated (three files). In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. Identify and report on risk across multiple data sets. A complaint alleged that an officer was detected riding his motorbike recklessly, noting that senior management were aware of the incident but did not take any action because they do not want the intercepting sergeant to be charged for failing to charge [the rider] and giving false information to communications. service of a show cause notice as to why the officer should remain employed by Victoria Police, drug testing (without any formal interview or statement). Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 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. for intelligence purposes was the most common determination on a file basis (22 per cent of files). for other questionable reasons, such as loss of the file (two files). Run reports and prepare briefings. Of the 59 files audited, 46 files (78 per cent) formally identified at least one member involved in ROCSID, while 13 files (22 per cent) did not identify any subject officers. Accurate records are essential for accountability and data analysis. Has VP Form 1426 (Oversight/Investigation Conflict of Interest Questionnaire and Approval) been completed? The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. If no: Reason for disagreeing with the number of allegations. . At times, a link might contain one document that was accurately named, such as CCR data for [person A]. 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. Dear Chief Commissioner, On Wednesday, 17 October 2012 I wrote Victoria's then Chief Commissioner of Police Ken Lay QPM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called "The AWU Workplace Reform Association Inc". Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. The unit is a part of professional standards command, the Victoria . Were the relevant complaint histories discussed on the file in any way? Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. The various ways in which determinations have been applied in the audited PSC files adds further weight to the recommendation that the system of determinations should be simplified to ensure greater consistency and fairness, and to reduce the potential for ambiguity. For example, in one matter it appeared a relevant witness was overseas, and in another the witness had already been interviewed by other police. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. The PRSB explored this theme in its paper, Towards a Shared Vision of Police Professionalisation in Victoria (2016/17). a reckless driving incident in which officer A did a wheel stand on his motorbike but was not booked by the intercepting officer, who also cancelled a request for assistance when he realised the rider was a police officer, a separate speeding incident in which officer A submitted a statutory declaration that nominated an unnamed potential buyer as the rider of the motorbike. 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. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. Comment on reasons for and/or length of extension. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. Was the choice of investigator appropriate? A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines.
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