If no: Reason for disagreeing with the characterisation of the allegations, Does the audit officer agree with the complaint classification, If no: Reason for disagreeing with the complaint classification, Does the audit officer agree with the complaint reclassification? Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. 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. there is sufficient evidence to charge the complainant with making a false report to police. However, it is acknowledged that the audit process relied upon the exercise of judgment by each audit officer. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. 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. This is outlined in the case study on the following page. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. complainants in 22 of the 26 files (85 per cent) that identified a contactable complainant, civilian witnesses in 18 of the 34 files (53 per cent) that identified a contactable civilian witness. An anonymous Facebook post, which alleged drug use by a named officer, took more than four months to be notified to PSC. IBAC is advised that PSC is currently undertaking a general review of probity. five complaints with minor shortcomings in the evidence considered. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. The department acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. 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. PSC also obtained details of the subject officers online advertisement and statements from the two people who responded to the advertisement, including the purchaser, who picked the motorbike up the day after the speeding ticket. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. PSCs enquiries included interviews with two complainants and three civilian witnesses, execution of a search warrant on the subject officers home, seizure of mobile phones and analysis of call charge records, a targeted drug test and a criminal interview of the subject officer. 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. However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. The three victims from 2011 were again contacted but reiterated they did not want to pursue the matter or make further statements. Do the actions in ROCSID reflect those in the final report and final letters? However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Following IBACs audit of complaints investigated by PSC, IBAC recommends that Victoria Police: IBAC also reiterates recommendations made in IBACs Audit of Victoria Police complaints handling systems at regional level (2016) and Audit of Victoria Police oversight files (2018) in relation to: Victoria Police has accepted IBACs recommendations and IBAC will monitor their implementation. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . 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. 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. fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). Victoria Police hiring Human Resource and Governance Consultant in Was the complainant updated on the progress of the investigation? Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). In five matters, it was apparent that the difference in the determinations recorded in ROCSID and the file was due to the determination (and on occasions the allegation) being changed on review. This complaint was classified as a work file. Almost half of the sample were work files, a quarter were classified as corruption complaints files and the remainder (all involving assault allegations) were classified as complaints involving criminality not connected to duty, misconduct connected to duty or minor misconduct. 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. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. Identify and report on risk across multiple data sets. While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. Once classified, the PCU creates a file and enters preliminary details in ROCSID. complaints and disclosures about police misconduct and . 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. An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit. 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. For instance, the NSW Police Force Complaint Handling Guidelines state that each finding will need to be determined on the balance of probabilities (civil standard of proof). This includes working to deter and investigate employees involved in criminality or misconduct. 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. twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. Potential precedent setting decision with medium risk'. PSC advised IBAC that most of its investigators are now detective sergeants or more senior, to avoid difficulties associated with senior constables investigating more senior officers, and to address concerns raised in a 2012 internal review which identified issues with the quality of investigations conducted by detective senior constables. Victoria Police has accepted these findings. 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. 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. Was the extension approved in accordance with the VPMG? IBAC auditors were not able to locate formal written advice on four of the 11 files that contained some indication that advice had been sought from the Discipline Advisory Unit (DAU). The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. Of the 27 files classified as work files (C1-0), auditors considered that: Consideration of complaint histories was inconsistent across the files included in the audit. The review will consider the design of the Victorian police oversight system, including: the external oversight of police's use of significant powers by independent integrity agencies. Was the choice of investigator appropriate? However, IBACs audit of complaints investigated by PSC also identified eight files that raised concerns about the way Victoria Police views complaints and its treatment of officers who make complaints about their colleagues. As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). Professional Standards Command - Victoria Police It is understood Victoria Police is committed to a significant simplification of determinations. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. 3 A copy of the audit tool is included as an appendix to this report. allegations of serious criminality involving Victoria Police employees, allegations of serious corruption involving Victoria Police employees, issues posing a significant reputational risk to Victoria Police, oversight of deaths and serious injury to persons directly resulting from police-related incidents; including police custody, police operations, pursuits and critical incidents, allegations relating to serious breaches of Victoria Police discipline. According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. Taking into account approved extensions, the audit identified 15 files that were delayed. In these circumstances, it may have been prudent to reallocate the file. 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. Was a conflict of interest otherwise identified by Victoria Police?
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