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. 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. 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. Some of these changes were appropriate, while others were not. It operates within the Chinese Communist Party (CCP) under the name "Central Military Commission of the Communist Party of China", and as the military branch of the central government under the name "Central Military Commission . the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. 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. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. 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 32 files (54 per cent), the primary complainant was external to Victoria Police. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. People Development Command: PSC: Professional Standards Command: VPS: Victorian Public Service: WoVG: Whole of Victorian Government: The next step. Comment on consideration of subject officers relevant complaint histories. 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. The matter was thoroughly investigated by PSC and ultimately identified six instances of sexual harassment which resulted in the approval of a DCN by the Assistant Commissioner PSC. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. 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). If no: Reason for disagreeing with reclassification. Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. 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. Count of subject officers contacted by investigators, Count of subject officers who resigned during investigation. 2 Victoria Police Professional Standards Command 10 2.1 Introduction 10 2.2 Legislation and policies relating to Victoria Police complaints and investigations 11 2.3 Previous IBAC audits 12 3 Findings from the PSC audit 13 3.1 Pre-investigation process 13 3.1.1 Key findings 13 3.1.2 Characterisation of allegations and classification 14 there is sufficient evidence to charge the complainant with making a false report to police. Of the 59 files audited, 50 (85 per cent) were managed on Interpose, all of which logged activities to varying extents. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. 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. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. However, IBAC only became aware of this complaint as a result of the audit. According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. Is the final letter to complainants attached to the file? The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. Professional Standards Command. The Professional Standards Bureau contains a variety specialized units. Read the Guide to Registration Application and Assessment, Read the Guide to Transfer and Promotion Appeals, Learn about the Community of Practice for Ethics Education, Department of Justice & Regulation Victoria. The PSC investigator verified that the three incidents involved: As a result, one allegation of pervert the course of justice was recorded in ROCSID against each police officer in relation to their attempts to avoid the speeding fine and the breath test. the scope of the work file classification is well defined, and has short time frames, to reflect the preliminary nature of those enquiries. In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. Describe the charges laid (or recommended by the investigator, DAU or OPP if not pursued), Outcome of disciplinary and/or criminal proceedings (or details of how decision was reached if charges were not pursued). Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . 48 VPMG, Complaint management and investigations, section 12.3. 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. Seventeen warranted preliminary inquiries. More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. The audit identified 28 complaints that involved at least one relevant police witness. overstated the number of allegations in ROCSID (two files). IBAC acknowledges that Victoria Police is reviewing its complaint handling and discipline system as part of its response to the Victorian Equal Opportunity and Human Rights Commission Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. Those associations may not actually cause an investigator to be biased, however there is a risk that a failure to consider any real or perceived conflicts could compromise an investigation and undermine PSCs standing as an independent complaint investigation unit within Victoria Police. In that matter the complainant raised concerns that a police officer was associating with outlaw motor cycle gang (OMCG) members, and made a public comment in relation to a police project on social media. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. IBAC also undertakes a range of other independent oversight activities. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. ; File a Police Report Online. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. 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). Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. Can . 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. 29 Victoria Police Act ss 126, 127 and 135. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. History Background. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. The review identified options and recommendations for improvements to Victoria Police practice and policies. The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. 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. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. Of the 59 files in the sample 10 were reclassified. However, it is noted that allegations recorded on a work file appear on a subject officers complaint history report. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? As such, in all but the most exceptional circumstances (which should be documented), subject officers should be afforded an opportunity to respond to allegations, as a matter of procedural fairness.
