These types of allegations warrant notification to IBAC. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. This included a number of administrative issues involving matters that: In a further three matters, it was apparent that the difference in the recommended action recorded in ROCSID and on the file was due to the recommendation being changed upon review. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. While Interpose includes an investigation plan tab, only five files used that tab (to prepare basic plans), while a further six had uploaded some other planning documents in Interpose. Of the 10 disputed work files: Two files remained work files even after criminal interviews had been conducted, at which point it is arguable that the allegations had crystallised sufficiently to warrant reclassification. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. for intelligence purposes (15 allegations). It is understood Victoria Police is committed to a significant simplification of determinations. 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. In 56 of the 59 files (95 per cent) auditors could not find any evidence that the investigator had considered conflict of interest issues at any time during the investigation. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. The review identified options and recommendations for improvements to Victoria Police practice and policies. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. The guidelines also state that unless an investigation is classified as work file or a corruption complaint (C1-0 or C3-4), employees are to be informed in writing about the result of an investigation and the action taken or proposed to be taken unless to do so could jeopardise the investigation or future investigations.63. Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. discrediting Victoria Police. Police misconduct in Victoria is defined in the Victoria Police Act 2013 and the IBACA to include: the failure or refusal to perform duties. Complaints provide an important opportunity to identify problems of a systemic nature. However, the man's family are disgusted with the way that he was taken into custody. If no contact but reasons given: What reason was given? two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). Based on the available information, did the delay compromise the integrity of the investigation in any way? If no: What was the primary reason for delay in investigation? 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. Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? . Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. 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. The IBAC audit identified that human rights were not adequately dealt with in 20 of the 59 files audited (34 per cent). This issue is discussed further in section 3.3.3.3. PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. 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. While the audit did not identify any matters where delays clearly compromised the investigation, it is important that delays are minimised, given that involvement in a complaint investigation can be very stressful for both complainants and subject officers. 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. The investigators supervisor disagreed, expressing concern with the precedent it would set. While IBAC understands that all PSC investigators have access to ROCSID, it is not possible to say whether the history of a subject officer has been considered if it is not discussed in any way or attached to the file. Formal interim action recorded in ROCSID included: Interim action was not taken by Victoria Police in relation to identified risks in one matter involving allegations of sexual harassment because the subject officer was already suspended with pay for a separate complaint. document.write("Date last reviewed: " + dateFormat("2019-03-15 04:25:22.727+0000")), Date last reviewed: 2019-03-15 04:25:22.727+0000, https://www.vic.gov.au/contactsandservices/directory?ea0_lfz149_120.&organizationalUnit&e2b6f24a-0c8e-448c-a847-7b59d5838895, Privacy Statement: This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. IBAC is advised that PSC is currently undertaking a general review of probity. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). The review is a key recommendation of the Royal Commission into the Management of Police Informants. Comment on investigators relevant complaint history. 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. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. The majority of complaints are referred to the regions, departments or commands for investigation. reviewed the victims medical records to narrow down the time frame for the offence, audited LEAP to identify any Victoria Police officers who had contact with the complainant during the relevant period, analysed rosters and details of officers who worked at the relevant police station. Does the audit officer agree with the characterisation of the allegations? committing an offence which carries a jail term. 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 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. unfounded was the most common determination on an allegation basis (18 per cent of allegations). 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. 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. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. 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 . Other shorter delays were associated with internal communications, administrative issues (including loss of the file and protected disclosure assessment requirements), and the receipt of further evidence. Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. The majority of complaints received by Victoria Police are then referred to the Victoria Police regions, departments or commands for investigation. This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. 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 full employee history report complaints and compliments (complaint history report), including 14 files that also discussed those histories in some way.25 A further 12 files discussed subject officers complaint histories but did not attach a copy. The audit identified 34 complaints that involved at least one relevant civilian witness. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. In relation to the main file, the investigator concluded senior management could have done more when they initially became aware of the situation.
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