9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. 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. 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). the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). Family violence or sexual offences perpetrated by a Victoria Police employee; About. The investigation report contained details of the intercepting sergeants: In a statement, the sergeant stated the rider observed the police vehicle and immediately indicated I then cancelled the [request for assistance] as I identified the rider to be [the subject officer]. 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. Victoria Police is obliged to notify IBAC of complaints received about corrupt conduct or police personnel misconduct by a Victoria Police employee or police recruit.22 In practice, an automated email is sent to IBAC by Victoria Police when a file is classified as a notifiable C2-1, C3-2, C3-3 or C3-4 complaint. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Ph: (02) 5127 2020. A good complaint handling process must be transparent. Sixteen files (27 per cent) were identified as involving risks that required interim action. 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. As a result of a recommendation IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, Victoria Police advised IBAC that a blank conflict of interest document is now attached to all hard-copy files or uploaded onto Interpose for complaint investigations. Auditors identified issues with the information recorded in ROCSID in relation to 19 files. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. became involved in a verbal altercation with a passer-by, escalated the incident by taking hold of the passer-bys arm, advancing towards him and punching him in the face with a closed fist causing him to fall with considerable force. This process should ensure IBAC is notified of all work files. other matters by direction of the Assistant Commissioner PSC. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. mentioned human rights in some way but failed to identify human rights issues relevant to the file (14 files), failed to address human rights issues at all, including human rights issues relevant to the file (three files). The audit only identified one file that attached a conflict of interest form. 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. recognise that a victim can and should be protected under the Victoria Police Act if detrimental action results, rather than suggesting it is in the public interest not to pursue a matter to avoid the possibility of detrimental action. Do the subject officers have complaint histories relevant to the current complaint? Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. While this is useful as a means of reviewing actions taken, investigation plans should still be developed at the start of an investigation and amended as the matter proceeds. Does the audit officer agree with the number of allegations? The file was treated as a protected disclosure to protect and manage the complainants and witnesses. 65 C 2-1 minor misconduct, C3-2 misconduct connected to duty and C3-3 criminality not connected to duty complaints. According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. 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. 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. 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. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. Seventeen warranted preliminary inquiries. 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. Auditors disagreed with the recommended action in nine files (15 per cent) on the basis that: In the following case study, an admonishment notice was issued for conduct that IBAC auditors considered to warrant a discipline charge. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. Some of these issues, including inadequate management of conflicts of interest and poor identification of human rights issues, have been previously highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and 2018 Audit of Victoria Police oversight of serious incidents. 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. 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 . 64 C1-0 work files and C3-4 corruption complaints. The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files considered in the audit was twice the nine per cent substantiation rate (on a file basis) in the 2016 regional complaints audit and comparable to overall police complaint substantiation rates in other jurisdictions (on an allegation basis). A file note of the Assistant Commissioner PSCs decision indicates he was satisfied that the subject officer asked not to be breath tested and told junior officers there goes my job. It is understood Victoria Police is committed to a significant simplification of determinations. Number of employees at Salt River Pima-Maricopa Police in year 2017 was 103. Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. 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 . If yes: Where were the planning documents found, Comment on planning documents (or lack of). 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. a department head (generally an Assistant Commissioner) for subsequent extensions. All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. Auditors identified two other files that addressed conflicts of interest but not via the formal process. However, IBAC only became aware of this complaint as a result of the audit. Our focus is on preventing corrupt behaviours involving police employees. Were interviews with subject officers conducted at the end of the investigation? An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. https://www.vic.gov.au/terms.html, Department of Justice and Community Safety. For the purpose of this audit, a formal investigation plan was considered to include any documents or information on the file that could be interpreted as formal pre-planning for the investigation. Victoria Police has accepted these findings. 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. To ensure that a criminal prosecution is not compromised by disciplinary proceedings, section 127(2) of the Victoria Police Act provides that Victoria Police must consult with the OPP before charging an officer with a breach of discipline if Victoria Police reasonably believes that the officer has committed a reportable offence (as described in Schedule 4 of the Victoria Police Act).49, Reviews of police complaint handling in Tasmania and NSW note that the more serious an allegation is, the more important it is to ensure that the investigation is handled independently and that independent advice is sought. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. This included four complaints in which a targeted DAT was proposed by the investigator but not approved. The governance will impact the Professional Standards Command which will have force wide impact. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. The Intelligence, Innovation and Risk Division supports PSC in promoting a culture of high ethical standards throughout the organisation by: Support Services Division provides a range of tactical support to PSC Investigations Division. 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. 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.