This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. No attempt was made to test the veracity of the allegation based on the information available to police. associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. If Victoria Police reasonably believes that an officer has committed a reportable offence (of the kind listed in Schedule 4 of the Victoria Police Act) Victoria Police must consult with the OPP before charging the officer with a breach of discipline. Auditors noted that a number of files audited suggested that Victoria Police has strengthened its approach in investigations of allegations of sexual harassment and sexual assault. Seventeen warranted preliminary inquiries. 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. The file was treated as a protected disclosure to protect and manage the complainants and witnesses. Of the 42 files finalised as work files or corruption complaints (C1-0 and C3-4) in the sample, the majority 23 (55 per cent) were completed within the 152-day time frame, while 19 (45 per cent) took more than 152 days to complete. pursue available lines of inquiry to identify relevant subject officers in matters where no subject officers were listed in the investigation or ROCSID (five files). Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. Prior association with a subject officer does not necessarily preclude an investigator from handling a matter, however it is important to identify and declare possible conflicts of interest so that appropriate strategies can be put in place to manage the conflict and ensure impartiality and fairness. Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. Then, the PSC can: investigate . Complaint histories can also help identify welfare issues and opportunities for early intervention. The Division employs 54 investigators (FTE). For instance, one file raised concerns about an officer driving under the influence of alcohol. 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. The Personnel Services Bureau provides initial, ongoing and advanced training while recruiting and hiring the finest citizens in our community to serve as police officers. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. The IMG states that documents should be attached chronologically from the back of the file, and should include final and interim reports, investigation plans, statements, medical reports and other relevant evidence.74. Were the final determinations appropriate? 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. Complaints can help identify organisational issues and opportunities for professional development. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. 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 . However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. The audit identified seven complaints (12 per cent) in which a supervisor noted that further consideration was required in relation to: In an additional three complaints, senior officers noted the need to provide advice to relevant parties, including the complainant, other work units or other agencies. . any human rights breach must be recorded on both ROCSID and discussed in the final report. 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. 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. The PRSB explored this theme in its paper, Towards a Shared Vision of Police Professionalisation in Victoria (2016/17). The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. nine per cent of files had at least one allegation with a determination of substantiated. 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. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022. It is therefore important that investigations are conducted in a timely manner. Victoria Police provides policing services to the Victorian community across 54 Police Service Areas (PSAs), within 21 divisions and four regions - North West Metro, Southern Metro, Eastern and Western. 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. Taking into account approved extensions, the audit identified 15 files that were delayed. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). In that matter the complainant sought compensation for property damage during the execution of a search warrant, and alleged that female occupants were not allowed to cover up at the time of entry, in accordance with their religious beliefs. 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 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. The guidelines state the request for extension and the approval must be attached to the file.67 PSCs standard operating procedures state that extension requests, approvals and rejections must be recorded in ROCSID.68. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Contact Details . The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. Comment on differences between determinations in the final report, the final letters and ROCSID. Five IBAC officers undertook the auditing process. Auditors considered this appropriate. Family violence or sexual offences perpetrated by a Victoria Police employee; About. Canberra City ACT 2601. This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation. a qualified independent investigator in the member's Region or Command; an Investigator at Professional Standards Command; a team or work unit responsible for any policies or procedures you identify as a problem. This includes working to deter and investigate employees involved in criminality or misconduct. Contact. If no contact but reasons given: What reason was given? Two files involved allegations that unsworn Victoria Police employees were using drugs. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. reviewed the victims medical records to narrow down the time frame for the offence, audited LEAP to identify any Victoria Police officers who had contact with the complainant during the relevant period, analysed rosters and details of officers who worked at the relevant police station. This included four complaints in which a targeted DAT was proposed by the investigator but not approved. Does the investigator have a relevant complaint history in ROCSID which could affect their ability to investigate this matter? This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. 42 VPMG, Complaint management and investigations, section 12.2. 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. It also stated that with the creation of Taskforce Salus, the publishing of the VEOHRC Review [into sex discrimination and sexual harassment in Victoria Police] and the establishment of the VEOHRC Review Engagement Team, Victoria Police has made significant advances in its approach to preventing and responding to issues of sexually inappropriate behaviour. the scope of the work file classification is well defined, and has short time frames, to reflect the preliminary nature of those enquiries. 39 Details on the file indicate the complaint was posted on Facebook in June 2015, however PSC was not notified until 13 October 2015, after which the DAT was conducted on 29 October 2015. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. The role of the Sexual Offences and Family Violence Unit (SOFVU) is to investigate allegations that involve Victoria Police employees of: SOFVU has an embedded welfare unit dedicated to offering support and guidance to those impacted by these offences. one complaint of criminality not connected to duty (C3-3) that was reclassified as a work file on closure on the basis that PSC wished to retain the allegation for intelligence without alerting the subject officer to the complaint. Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. 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). Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. 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. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. For example, in one matter where a criminal association was alleged, the investigator only considered seven days of call charge records before concluding that there was no contact between the subject officer and the alleged associate. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. Recognising that PSC investigates the more serious complaints including allegations of serious misconduct and corruption, IBACs audit of a sample of investigations conducted by PSC in 2015/16 was undertaken to examine how Victoria Police handles these more serious complaint allegations. https://www.vic.gov.au/copyright.html, Disclaimer Notice: Our focus is on preventing corrupt behaviours involving police employees. In 32 files (54 per cent), the primary complainant was external to Victoria Police. 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 terms of ongoing supervision, the IMG states that a progress report must be submitted to the investigation manager on a monthly basis along with a summary of the action required to complete the file.40. 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. 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. . Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. 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). This included two matters in which discipline charges were downgraded to management action and two matters in which Victoria Police did not consult with the Office of Public Prosecutions (OPP) despite establishing a reasonable belief that a reportable offence had been committed. 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. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). Do the actions in ROCSID reflect those in the final report and final letters? In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. Victoria Police say the incident will be investigated by the Professional Standards Command. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. . 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 complaint histories, including 14 files that discussed those histories in some way. Auditors identified issues with the information recorded in ROCSID in relation to 19 files. Complaints against Victoria Police: Contacts. The governance will impact the Professional Standards Command which will have force wide impact. Does the audit officer agree with the count and identification of members complained against? No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. Corporate and Regulatory Services. To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. 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. A good complaint handling process must be transparent. 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. 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. Was a formal investigation plan prepared from the outset? 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. 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. Did timing of reclassification adversely affect notification and/or investigation? 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. Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 files. The audit identified 34 complaints that involved at least one relevant civilian witness. As part of our work to determine how effectively Victoria Police handles complaints against police officers, the Independent Broad-based Anti-corruption Commission (IBAC) audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. The IMG notes that the circumstances of the investigation and the type of complaint will frequently control the order of interviews (however) as a general rule, interviews should be conducted in the following order: Of the 59 files audited, 43 (73 per cent) were recorded as automatically generated complaints.32 In instances where ROCSID recorded that the complaint was automatically generated, but also identified some other person as a complainant in any way, the other person has been counted as the primary complainant for the purpose of seeking clarification or providing outcome advice pursuant to section 172 of the Victoria Police Act. 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. IBACs audit found that where a complaint gave rise to immediate risks that warranted action before completion of the complaint investigation, PSC investigators generally took appropriate action. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? Of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected (C2-1, C3-2 and C3-3 files) in the sample, seven (41 per cent) were completed within the 90-day time frame while 10 (59 per cent) took more than 90 days to complete. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. Was the choice of investigator appropriate? This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. The mandate of the Professional Standards Section is to preserve the integrity of the Victoria Police Department and the Chief Constable's Office by ensuring that the conduct of VicPD members is beyond reproach. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. While PSC may be physically removed from other areas of Victoria Police, its officers are not immune from potential conflicts of interest. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. Conduct and Professional Standards Division, Sexual Offences and Family Violence Unit (SOFVU), Intelligence, Innovation and Risk Division, Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage, VPM - Family violence involving Victoria Police Employees, Contractors, service providers and security clearances, Decriminalisation of Sex Work in Victoria, Publications, strategies and corporate information, Access and Inclusion Action Plan 2023-2024, Code of Practice for the Investigation of Family Violence, Family Violence, Sexual Offences and Child Abuse Strategy, Workforce Diversity and Inclusion Framework 2023-2030, Aboriginal Youth Cautioning Program (AYCP), National Police Remembrance Day and Memorial, Past and Present Women Police Association, Work experience, traineeships and employment schemes, Staying safe at school leaver celebrations, National police checks and fingerprinting, Unwanted sexual and anti-social behaviour on public transport, Change or suppression (conversion) practice, Family violence or sexual offences perpetrated by a Victoria Police employee, Police Assistance Line and Online Reporting, maintain community trust and confidence to ensure that we can continue to serve the community and uphold the law. 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