8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. However, the Tasmanian Integrity Commissions 2016 audit also noted that when substantiation rates were broken down, 44 per cent of the more serious Class 2 allegations (usually handled by PSC) were sustained, while only seven per cent of the less serious Class 1 allegations (which are usually handled at the regional level) were sustained.47. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. This included files that contained: Interpose also has the capacity to log avenues of enquiry pursued by an investigator (such as contact made with subject officers, complainants and witnesses). 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. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. managing the Discipline Transformation Project which aims to streamline and simplify the complaint and discipline system to improve timeliness, proportionality and transparency whilst maintaining a remediation and victim focus. Until recently, that notification did not include C1-0 files as they are not considered complaints. given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings. Are extension requests and approvals attached to the file? Based on the items in those two lists, the audit assessed whether the following types of evidence were relevant to the complaint and if so, whether it had been considered by the investigator, namely: Auditors also noted any other information considered and assessed, and whether all relevant evidence was considered. 9 Victoria Police 2015, Professional Standards Accountability and Resource Model 2015/2016. This process should ensure IBAC is notified of all work files. 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 Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. Workplace guidance was provided in relation to five files (nine allegations). Comment on action taken in relation to identified policy or procedural issues. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. a significant number of total complaints (four files). a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. 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 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. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. for other questionable reasons, such as loss of the file (two files). Officer A told Officer B to do as requested and pre-pay the driver. a sergeant who had a proven discipline charge (from 2009) and a recent substantiated determination for predatory behaviour (from 2016). All complaints are received, processed and classified by the PCU according to the VPM.11 Classification is important because it plays a role in determining what matters are retained by PSC, what matters are notified to IBAC, what allegations are recorded in a subject officers complaint history in ROCSID, and the time frames that apply to the investigation. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. 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 . running sheet which states he obs[erved] MC on rear wheel exiting [street]. Then, the PSC can: investigate . 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. 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). Supporting police professionalisation. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. 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. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability 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. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. Were all relevant subject officers contacted? The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. Of the files that did discuss human rights, some failed to identify relevant human rights issues, while others only considered human rights insofar as they concerned the subject officer. Taking into account approved extensions, the audit identified 15 files that were delayed. At other times, a link might contain a large number of documents under a general description, such as G drive documents. Risks arising out of complaints were generally well identified and the audit considered that investigators took reasonable steps to apply formal or informal interim action where appropriate. 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. In the first matter, PSC investigated an allegation of assault involving two off-duty officers. 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). The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. The file was ultimately closed as a work file with a determination of for intelligence purposes in ROCSID in relation to one allegation of malfeasance criminal association. Figure 6 summarises the determinations reached in the 59 files audited. While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. The audit identified 28 complaints that involved at least one relevant police witness. On this basis, 12 files were considered to contain a formal investigation plan. Of the 14 complaints where investigators did not contact subject officers but recorded reasons, reasons included: The decision not to contact subject officers when a matter is filed as intelligence appears to be supported by the VPM complaint management and investigations guidelines. Some of these changes were appropriate, while others were not. Effective communication with relevant parties is an essential part of any investigation. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. Professional Standards Command. 60 IBAC, Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch, December 2016, Recommendation 1, and 30 June 2017 progress report from Victoria Police. approached people nominated by the complainant as having possible knowledge of the offence, including a former landlord and a friend, who were unable to assist. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. While the final report states that the results were negative for alcohol, drugs of dependence and steroids, the urine test result is reported as Negative Cancelled test, suggesting that the testing did not proceed. a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. Some of these files were managed locally. 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). to support and promote the continuing education and professional development of police officers, protective services officers and police reservists. 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. It is understood that this review should address some of the issues identified in this audit. While notes in ROCSID indicate the first extension was due to delays in data analysis and preparation of the briefs of evidence, no reasons were recorded for the last two extensions, both of which were made after the subject officer resigned. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. Investigators are required to complete a conflict of interest form (form 1426) before commencing an investigation. Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. This is highlighted in case studies 17 and 18. 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 eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. liaison with the Department of Health and Human Services (DHHS) about possible immediate risks concerning young people. Was the investigation reviewed by a supervisor? IBAC acknowledges that Victoria Police is undertaking a comprehensive review of the current drug testing regime and has identified the need to review high risk areas within designated workplaces.60. 4 Victoria Police Act 2013, Part 9 addresses complaints and investigations. 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. In these circumstances, it may have been prudent to reallocate the file. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. Controls were put in place to maximise consistency in the audit process. A small proportion of complaints are investigated centrally by PSCs Investigations Division. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . 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. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. 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. 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. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? Run reports and prepare briefings. 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. The file indicates the managers of both the DAU and the Investigations Division agreed that the subject officer had a case to answer at a discipline hearing. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Given the pivotal role of DAU advice in determining the action that will be taken in relation to a subject officer, details of the request and advice provided should be clearly documented and attached to each file. police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. 63 VPMG, Complaint management and investigations, section 6.2. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. suspension with and without pay in relation to four subject officers, revocation of an officers ROCSID access in response to an allegation of inappropriately accessing and releasing information about complaints, liaison with mental health services about a complainants welfare before seeking a formal statement to progress a complaint. 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.