professional standards command victoria police
results and any actions taken or proposed to be taken on completion of a complaint investigation. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. 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. Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). 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. Date in ROCSID when investigation was completed. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. PSC has advised that while there are no guidelines governing the completion of the checklist, the template is being reviewed following IBACs regional audit and PSC considers that there has been constant improvement in relation to quality control. The 62-year-old Staffieri was interviewed by officers from Professional Standards Command on April 26 over a post he made to senior project officer Bonnie Loft, who works with Gender Equality and . The extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. running sheet which states he obs[erved] MC on rear wheel exiting [street]. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. 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 VPM states that a declarable association includes any association that may reflect adversely on the employees standing and reputation in the eyes of the community as a Victoria Police employee.21 The policy does not state that associations are limited to those that involve close physical proximity. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. That report made recommendations in relation to Victoria Polices oversight and investigation of serious incidents including deaths or serious injuries that followed contact with police. While a hair sample was taken within a fortnight of notification, the time lapse between detection and testing may have impeded the accuracy of the test. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. However some investigators had complaint histories that raised general probity concerns which PSC may wish to consider, to ensure its staff and practices are beyond reproach and have the confidence of complainants, subject officers and the general public. 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. Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. Following the arrest of the subject officer for unrelated alleged sex offences four years later, local management provided details of the 2011 matter to PSC. three hundred and thirty-five days after receipt, and, 124 days after the investigators report was marked as completed in ROCSID, seven hundred and thirty days after receipt, at which point the investigators report was marked as completed in ROCSID. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. Of the 23 files where extensions were sought, 14 (61 per cent) did not contain the extension request or approval. 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. 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. This is illustrated in case studies 27 and 28. If no: What was the reason for the lack of contact? 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. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. 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. Start your journey with us and apply today! A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. In comparison, the NSW Police Force Complaint Handling Guidelines state: Regardless of the wishes of the complainant or victim, the determination in relation to the investigative approach to be taken in response to a complaint should be made on the information available. PO Box 401. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. 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. 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. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). For instance, in one matter a criminal brief of evidence was prepared but not authorised on the basis that the victim of the alleged assault declined to press charges. As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. A complaint was later made alleging the subject officer relayed that information to her partner. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. 26 VPMP, Complaints and discipline, section 6.2. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. 7 Victoria Police Act 2013, s 170(1) and (3). Specifically: Most files did not contain notes detailing the strategies employed by PSC to mitigate an investigators lack of seniority. PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. Complaints provide an important opportunity to identify problems of a systemic nature. Issues were identified with the documentation included on all 59 files audited. Professional Standards Command is investigating the incident, Victoria Police said. According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. a decision to file the matter as intelligence using the work file classification (seven files), interviews having already been conducted by other (non-PSC) police (four files). Were the relevant complaint histories discussed on the file in any way? 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. Victoria Police will ensure policies are aligned to the outcomes of the review. 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. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. 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. Are outcome letters to subject officers attached to the file? This checklist is completed by the unit manager on closure. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. 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. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). In an email to his manager, the investigator advised that his recommendation was based on verbal advice from the DAU that no further action was required because it would not be abnormal for a serving member to try to persuade the intercepting member to not take action (ie PBT/speed). On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. Ph: (02) 5127 2020. Of the 18 allegations that were effectively substantiated, workplace guidance was the most common action recommended (nine allegations) followed by admonishment (six allegations) and discipline hearing (four allegations). 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. Were all relevant police witnesses contacted? While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). Professional Standards Command - Victoria Police 3y 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. 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. This is outlined in the case study on the following page. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. However, the higher substantiation rate for allegations investigated by PSC may be due in part to the fact that matters retained by PSC for investigation are more likely to result in charges or other discipline action if substantiated. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. On the two days of the party, the subject officer was on rest days. The PSC investigator focused on whether the subject officer disclosed that the information came from a registered human source or simply told her partner that a crook had alleged he was dealing drugs. 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. 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. 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. The Charter of Human Rights and Responsibilities Act 2006 (the Charter) requires Victoria Police to act in a way that is compatible with human rights and to ensure decision making gives proper consideration to relevant human rights. This includes working to deter and investigate employees involved in criminality or misconduct. Once classified, the PCU creates a file and enters preliminary details in ROCSID. PSC should be the exemplar for complaint investigation within Victoria Police. IBACs audit examined how PSC conducts investigations by considering five aspects of the complaint investigation process, namely: The following sections outline relevant Victoria Police policies applying to each area, the data collected through the audit and, where appropriate, suggestions for improvements. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. One involved allegations of sexual harassment. twelve files involved extensions for reasons that were questionable. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). . The audit only identified one file that attached a conflict of interest form. 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. 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. providing investigators with guidance and training on the Victorian Charter of Human Rights to assist in identifying human rights that have been engaged by a complaint or incident. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. Mandate. Some of these files were managed locally. No attempt was made to test the veracity of the allegation based on the information available to police. 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. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. 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. 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. 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. 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. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. Police Conduct Unit (PCU) - the PCU receives and classifies incoming complaints and incidents, IBAC Liaison Office - the office provides liaison between Victoria Police and our key oversight agency IBAC. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. Comment on differences between determinations in the final report, the final letters and ROCSID. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. In one of the four complaints in which a police witness was not contacted, notes logged in Interpose suggest the investigator intended to contact a named police witness, however there is no record of any actual contact or notes to indicate why that officer was not contacted. a sergeant who had a proven discipline charge (from 2009) and a recent substantiated determination for predatory behaviour (from 2016). 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, . The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. The total number of identifiable subject officers was 56. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). Professional Standards Command. He requested consultation with the Assistant Commissioner PSC. 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. Comment on action taken in relation to identified human rights breaches. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. 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. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. That report made recommendations in relation to Victoria Police complaint handling processes. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. Identify and report on risk across multiple data sets. 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. 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). Was the investigation competed within the time frames set out in the VPMG? 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. 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. 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. five complaints with minor shortcomings in the evidence considered. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Do the subject officers have complaint histories relevant to the current complaint? Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). 16 Allegations identified in those files included criminal associations, assault off duty, and drug use or possession involving identifiable police officers. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. 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. In the course of preparing criminal charges against a subject officer for obscene exposure, PSC identified a separate sexual harassment issue, created a separate work file and undertook preliminary enquiries to identify relevant victims and complainants. 32 Automatically generated complaints are generated by Victoria Police when a police officer submits a report as part of their duties. 58 VPMG, Complaint management and investigations, section 12.3. Complaint histories were considered relevant if the subject officer had a significant number of complaints, similar allegations in the recent past, or another complaint that was being investigated at the same time. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations.
professional standards command victoria police