While the majority of the DAUs work involves providing advice in relation to discipline briefs and assisting in the discipline charge process, the DAU also provides investigators with advice in relation to any disciplinary issues. a sergeant who had two proven discipline charges (albeit from 1998 and 2007), a sergeant who was the subject of a rape allegation in 2009 (which was withdrawn) and two substantiated determinations, including one for indecent sexual behaviour with a junior officer in a public place, which resulted in a proven discipline charge. 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. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). twenty-three of the 42 files finalised work files or corruption complaints (C1-0 and C3-4) (55 per cent) were completed within the 152-day time frame while 19 (45 per cent) took more than 152 days to complete. Comment on number and/or identification of members complained against, Subject officers complaint histories attached. 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. History Background. However, in response to recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised that complaint histories for members involved are now attached to all complaint files forwarded to investigators. Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. IBAC acknowledges that Victoria Police is undertaking a comprehensive review of its current drug testing regime in response to IBACs 2016 Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. Matthew Bui on LinkedIn: Proud of the efforts of those who work at my It takes courage to make a complaint against a fellow officer and every effort should be made to encourage officers to speak up when they see something that is not right and to support them through the process. Auditors did not consider this appropriate. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). The VPM complaints and discipline policy requires investigators to be aware of impartiality issues and provides guidance around how to respond to conflicts of interest.26. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. 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. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. Matthew Bui on LinkedIn: After 16 fantastic years as a frontline 66 This matter was ultimately classified as a work file. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. 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. This included: Of the 59 files audited, 33 (56 per cent) involved complainants who could not be contacted either because the complaint was lodged anonymously or because the complaint was generated internally by a Victoria Police officer in the course of their work. This included: IBAC auditors also identified two matters where the subject officer was advised that an allegation was either not proceeded with or not substantiated, while ROCSID records those allegations as substantiated. 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. IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. the second request was made two months after the first extension expired and four days after the subject officer was served with an admonishment notice. All complaints involving Victoria Police officers are assessed by PSC and classified according to the type and seriousness of allegations made. The audit identified 34 complaints that involved at least one relevant civilian witness. Read the stories of successful career mobility, All categories of decisions that can be reviewed, Information about Enterprise Agreement Disputes, Community of Practice for Ethics Education, Find out what we do and how to get involved. If no: Reason for disagreeing with reclassification. 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. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. While there is no record of the DAUs assessment of the brief, a file note from the Assistant Commissioners staff officer to the DAU indicates that the Assistant Commissioner reviewed the investigation file[and] after considering the facts and actions of [the subject officer] he has deemed that an admonishment is appropriate in the circumstances. However, targeted drug and alcohol tests could not be conducted because the employees worked in Record Services Division (RSD). the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. However, because the majority of allegations considered in the audit were not substantiated, the actions recommended most often were no action (75 allegations) followed by filed as intelligence (14 allegations) which together accounted for 76 per cent of all recommendations. The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. Auditors disagreed with the decision to reclassify the C3-3 file as a C1-0, noting that this conflicts directly with the instructions in PSCs SOPs which state that if a matter was originally a C3-2 matter but was unfounded or untrue, the matter still remains a C3-2 and should be finalised accordingly.20. PSC did not investigate the sergeants alleged false report, or make any enquiries in relation to senior managements knowledge of the incident, ignoring significant issues raised in the complaint. 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. To address this, the investigator suggested that: At the earliest opportunity when the personal relationship breakdown was identified by management, a plan should have been implemented and conveyed to both parties outlining: Relationship breakdowns between married colleagues are not uncommon and Victoria Police is likely to encounter similar issues in future. PO Box 401. For instance, one file raised concerns about an officer driving under the influence of alcohol. This decision effectively circumvented the requirement to consult with the OPP. 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. IBAC Insights provides quarterly updates, analysis and commentary, Follow us for the latest on our investigations, research and events, Information for Public interest Disclosure Coordinators, Discipline Advisory Unit (Victoria Police), Independent Broad-based Anti-corruption Commission, Victoria Police investigation, intelligence and registry management system, Law Enforcement Assistance Program (a Victoria Police database), Victoria Police professional development and assessment plan, Professional Standards Command (Victoria Police), An offence referred to in Schedule 4 of the Victoria Police Act, Register of Complaints, Serious Incidents and Discipline (a Victoria Police database), Victorian Equal Opportunity and Human Rights Commission, a matter uncovered during an investigation not forming part of the complaint laid (such as a failure to complete an official document), requiring remedial action, the weight of available evidence does not support the account of events as described by the complainant, but is weighted in favour of the account given by the employee Unable to determine the available evidence does not permit the investigator to establish whether the complaint is true or not, the complaint is not proceeded with, due to the unwillingness of the complainant to supply information but is unwilling to withdraw the complaint, or there is some other reason for being unable to take the complaint further, a complainant having made a formal complaint, of their own volition makes a request that the complaint investigation cease, a query or complaint by a person that is subsequently found to be an action sanctioned by law, or a complaint lodged by a third party which is denied by the alleged victim who has no complaint to make, the available evidence clearly establishes that there are no grounds for the complaint whatsoever, the evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame. 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. He requested consultation with the Assistant Commissioner PSC. In response, Victoria Police stated the incident in question arose as a result of a lack of judgement without criminal intent on the part of the subject member. Can . Specific allegations are not identified or highlighted by the PCU. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . While the Assistant Commissioner appears to have downgraded the recommended action of a discipline charge to admonishment notice, the admonishment notice served on the subject officer states that all of this behaviour is improper and conduct likely to diminish public confidence which is in breach of Victoria Police Act s125 (l) (j) & (h), suggesting that the subject officer had a case to answer at a discipline hearing. PSC concluded that this was not indicative of a high-risk driving culture within the division. 15 The lack of an identifiable subject officer should not preclude an investigation; however, for the purpose of the audit these two criteria were used to identify matters that should have been classified as C2-1, C3-2, C3-3 or C3-4 complaints from the outset. Did the complaint give rise to any risks that warranted immediate action? 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. In the following matters (previously discussed in case studies 22 and 23) IBAC auditors considered that PSC could have done more to support the police victims and promote a culture of integrity. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. 42 VPMG, Complaint management and investigations, section 12.2. Attempted to int[ercept] solo lost sight of same whilst requesting assist. IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. However, the man's family are disgusted with the way that he was taken into custody. Identify and report on risk across multiple data sets. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. Despite confirming that the sergeant did not lose sight of the vehicle as recorded in his running sheet, but stopped and spoke to the rider, only the officer riding the motorbike was recorded as a subject officer. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. 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. 17 Originally classified as work files, correspondence or management intervention files. only discussed human rights insofar as they related to the conduct of the complaint investigation process and the rights of the subject officer (three files). Complaints provide an important opportunity to identify problems of a systemic nature. Audit of complaints investigated by Professional Standards Command Reasons for disagreeing fell into three main categories, namely failure to: Failure to list identifiable subject officers can result in allegations not being properly investigated, as highlighted in case study 7. eight files did not contain any notes to indicate why the complainant was not advised of the outcome, two files contained notes that suggested the complainant did not want any further involvement in the matter, one file noted that the complainant was kept up to date and advised of the outcome through regular meetings. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. The Victoria Police Act states that an unsworn employee can only be directed to undergo a DAT if the person works in a designated work unit or carries out a designated work function.59 RSD was not a designated area for testing. The unit is a part of professional standards command, the Victoria . Auditors considered this appropriate. The final report acknowledged the original investigation would not have been considered adequate in the current environment. 10 Victoria Police 2015, Integrity Management Guide, paragraph 1. Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). 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. 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. However, only 20 per cent of the files audited contained a formal investigation plan. 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 also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. The total number of identifiable subject officers was 56. For information about related policies, download the free Family Violence involving Victoria Police employees section of the Victoria Police Manual: For full access to the manual, visit our Procedures and legislation page. However, Victoria Police did not formally recommend action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPM complaint management and investigations guidelines.58 This is a missed opportunity to formally document, improve and address issues. It is not clear from the file whether this recommendation was actioned by Victoria Police. The audit only identified one file that attached a conflict of interest form. This included one file that involved five extension requests totalling 425 days. The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. This matter is discussed in case study 24. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. Victoria Police hiring Human Resource and Governance Consultant in IBAC also undertakes a range of other independent oversight activities. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. a prior complaint mentioned in a discipline hearing was not included on the subject officers complaint history, even though it resulted in an admonishment notice. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. 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). If no: What was the primary reason for delay in investigation? IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. The subject officer was ultimately provided with workplace guidance in relation to the consumption of alcohol and situational awareness as a police officer. 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 . 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. If yes: Does the outcome letter to the subject officer clearly identify the findings and the action to be taken? The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. 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. If no: Reason for disagreeing with the number of allegations. In April 2018 IBAC finalised the recommendations in this report following further consultations. ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed consistent with section 127(2) of the Victoria Police Act. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. IBACs role includes: The Victoria Police Act 2013 provides a legislative regime in relation to complaints about police.4 Under the Victoria Police Act, Victoria Police is required to: After IBAC receives a complaint investigation report from Victoria Police, IBAC may also request that the Chief Commissioner take action that IBAC considers appropriate. 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. Communication of progress and outcome to complainants, Communication of outcome to subject officers, Time taken to register, classify and allocate, Time taken to investigate and consequences of delays, Audit of complaints investigated by Professional Standards Command, Victoria Police, reviews the definition and use of the C1-0 work file classification, and formalises arrangements to notify IBAC of matters classified as work files, considers the checks undertaken and criteria applied when recruiting new PSC investigators as part of its review of probity issues, ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed, consistent with section 127(2) of the Victoria Police Act, ensures advice provided by the PSC Discipline Advisory Unit and reasons for key decisions, including those of the Assistant Commissioner PSC, are clearly documented and attached to the investigation file. The following is an example of a complaint that was closed prematurely without investigating the identified allegation, namely, whether the police officer had a declarable association. 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). People Development Command;Professional Standards Command;and Service Delivery Reform. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. 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. 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. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. 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. In the final report, the investigator noted that unauthorised disclosure of police information is a Schedule 4 offence which would require consultation with the OPP to proceed by way of discipline notice, however if the AC PSC determines that the matter be appropriately dealt with by means of admonishment or workplace guidance, consultation with the OPP is not required. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. The following case study provides an example of a matter in which extensive efforts were made by the investigator to identify relevant subject officers. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. Professional Standards Command - Victoria Police Complaints - Victoria Police An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. Auditors identified a further four files in which there was no discussion or attachments to indicate that complaint histories had been considered, even though at least one subject officer had a complaint history relevant to the current complaint. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). However, most if not all PSC investigators have worked in other areas of Victoria Police. 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. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. A complaint was later made alleging the subject officer relayed that information to her partner.

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