The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Contact Details . Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. A complaint alleged that a police officer was involved in two assaults that involved: A review of the subject officers complaint history indicated he received 11 complaints in the previous three and a half years, including the following matters in which: At the time of the audit, the subject officer had recently been promoted to sergeant and accrued a further assault allegation made by a treating counsellor in relation to an allegation made by another child of the subject officer. 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. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. 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. 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. Was a conflict of interest otherwise identified by Victoria Police? Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. https://www.vic.gov.au/privacy.html, Copyright Notice: Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. 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. Were the final determinations appropriate? Reasons for decisions are easier to explain when all the details are maintained on file. 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. a reckless driving incident in which officer A did a wheel stand on his motorbike but was not booked by the intercepting officer, who also cancelled a request for assistance when he realised the rider was a police officer, a separate speeding incident in which officer A submitted a statutory declaration that nominated an unnamed potential buyer as the rider of the motorbike. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. The guidelines state the request for extension and the approval must be attached to the file.67 PSCs standard operating procedures state that extension requests, approvals and rejections must be recorded in ROCSID.68. 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). While not formally documented using form 1426, various emails and other notes on the file suggest that the file was allocated to an officer in the PCU who was considered to be sufficiently removed from Investigations Division. 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. Was the investigation reviewed by a supervisor? Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. Professional Standards Section - VicPD.ca 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. 70 VPMG, Complaint management and investigations, section 6.7. Complaints against Victoria Police: Contacts. Professional Standards Command - Victoria Police nine files that did not correctly identify or list all identified subject officers, seven files that recorded an invalid determination, three files that recorded invalid actions or failed to record all the actions recommended in the file. The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. 45 Percentages may not add to 100 due to rounding. 53 If a file resulted in a number of different recommended actions, the recommended action for that file was identified according to the following order (which prioritises criminal and discipline proceedings over management action): court hearing, discipline hearing, admonishment, counselled formally, counselled informally, workplace guidance, performance improvement plan, performance monitoring, conciliated, accepted explanation, satisfied with action, no action, and filed as intelligence. 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. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. Your Duties Will Include. 2 Victoria Police Professional Standards Command, 2.2 Legislation and policies relating to Victoria Police complaints and investigations, 3.1.2 Characterisation of allegations and classification, 3.1.4 Identification of police officers who are the subject of the complaint, 3.3.5 Outcome advice to complainants and subject officers, 3.4.2 Registration, classification and allocation. an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22). Victoria Police's handling of serious complaints against officers complaints and disclosures about police misconduct and . This decision effectively circumvented the requirement to consult with the OPP. 18 Originally classified as minor misconduct, criminality or corruption. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. Were the relevant complaint histories discussed on the file in any way? While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. It notes that compliance by investigators is three-fold: As a result of recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised a new program is being developed to replace the Integrity Management Program and that associated resources would include a more detailed component on human rights in the context of complaint investigations. Does the audit officer agree with the characterisation of the allegations? It goes on to note that recommended action might include management intervention, no action, admonishments, discipline charges, criminal charges, action in accordance with the VPMG, managing underperformance, and/or action on any identified deficiencies in Victoria Police premises, equipment, policies, practices or procedures.48, If a complaint raises allegations involving a criminal offence, criminal proceedings must be pursued before starting disciplinary proceedings. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). A complaint was later made alleging the subject officer relayed that information to her partner. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. In those letters the subject officer was: Of the 24 files that did not contain evidence to indicate that a final outcome letter was sent to the subject officer: Timely complaint investigation and resolution is a key element of a fair and responsive complaint handling system. Of the 42 files finalised as work files or corruption complaints (C1-0 and C3-4) in the sample, the majority 23 (55 per cent) were completed within the 152-day time frame, while 19 (45 per cent) took more than 152 days to complete. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. Auditors considered this appropriate. History Background. In that matter the complainant raised concerns that a police officer was associating with outlaw motor cycle gang (OMCG) members, and made a public comment in relation to a police project on social media. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. 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. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. a driving under the influence incident in which officer B was detected driving erratically and asked the intercepting officers not to conduct a breath test. The draft key findings were provided to Victoria Police, with a full draft of the report provided to the Deputy Commissioner Capability to confirm factual accuracy. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. IBAC also undertakes a range of other independent oversight activities. Family violence or sexual offences perpetrated by a Victoria Police employee; About. Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 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. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). 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. In particular, the majority did not attach conflict of interest forms, investigation plans, or a copy of the DAU advice or extension approvals (where sought). Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. Was a formal investigation plan prepared from the outset? This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. IBAC has made recommendations for Victoria Police to improve the way in which PSC investigates complaints. This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC.

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