professional standards command victoria police professional standards command victoria police

A request for extension must be made before the due completion date and must be approved by: The guidelines also specify that extensions should not be granted for the following reasons: While an investigation can be suspended if a delay is caused by an external factor, the guidelines state that managers should first consider reallocating the file to another investigator.70. Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. That file contained two conflict of interest forms: one completed by the initial investigator who noted that he supervised the subject officer for two years (resulting in the file being reallocated), and one completed by the investigator who completed the matter, and who noted that he did not have any conflicts. the third request was made a week after the second extension expired. The police also urged any witnesses to contact a helpline. 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. The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. the scope of the work file classification is well defined, and has short time frames, to reflect the preliminary nature of those enquiries. 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 Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. Contact. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. This included: The audit did not identify any matters in which there were concerns that delays compromised the investigation. The audit identified 34 complaints that involved at least one relevant civilian witness. 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? The file was treated as a protected disclosure to protect and manage the complainants and witnesses. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. 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. 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. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. . Police Conduct Unit (PCU) - the PCU receives and classifies incoming complaints and incidents, IBAC Liaison Office - the office provides liaison between Victoria Police and our key oversight agency IBAC. PSC has advised that while there are no guidelines governing the completion of the checklist, the template is being reviewed following IBACs regional audit and PSC considers that there has been constant improvement in relation to quality control. Professional standards The principle of policing by consent relies on the trust and confidence that the public has in the police service and the wider law enforcement community. 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 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. Rather, the sample of 59 files includes all available C1-0 and C3-4 files and at least 10 per cent of the available C3-3, C3-2 and C2-1 files closed by PSC between 1 July 2015 and 30 June 2016 (selected on the basis that those files contained an assault allegation). Comment on investigators relevant complaint history. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. Intent is not an element of the offence and IBAC auditors could not identify any discussion of possible reasonable excuse in the investigation file. While it is possible that investigation plans were prepared but saved elsewhere by the investigator, plans should be saved in Interpose or placed on the file and reviewed regularly. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. 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. The file is then assigned to the relevant investigation unit manager for allocation to an investigator. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. PSC should be the exemplar for complaint investigation within Victoria Police. Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. This checklist is completed by the unit manager on closure. In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. PSC concluded that this was not indicative of a high-risk driving culture within the division. This is highlighted in case studies 17 and 18. "Police may also deploy spray where a person is involved in violent or other physical conduct and likely to seriously injure themselves or result in suicide." The Age also obtained and compared the two letters sent to Ascui and Currie by the Professional Standards Command, Victoria Police's integrity unit, in response to their complaints . All 59 files audited by IBAC were reviewed by a senior Victoria Police officer, most of which appear to have been endorsed without further comment. Does the audit officer agree with the number of allegations? For the purpose of this audit, a formal investigation plan was considered to include any documents or information on the file that could be interpreted as formal pre-planning for the investigation. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. Are outcome letters to subject officers attached to the file? No complaint was recorded in ROCSID. 17 Originally classified as work files, correspondence or management intervention files. 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. Investigators are required to complete a conflict of interest form (form 1426) before commencing an investigation. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. Complaints can help to highlight issues the organisation is not aware of and point to opportunities for early intervention before a matter escalates. resignation or termination of the subject officers employment before the complaint could be investigated (three files). 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. In relation to the file types considered in this audit, the VPM states that work file and corruption complaint investigations should be completed within 152 days of being lodged with PSC.64 The remainder of the files have a 90-day time frame.65 Those time frames may be extended in certain circumstances, which are set out in the VPM. 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. classified and sorted) by the Police Conduct Unit ( PCU ), which is a unit of the PSC. 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. Professional Standards Command, The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. This is outlined in the case study on the following page. A targeted DAT form indicated that the subject officer was directed to provide hair and urine samples, however the results indicate that breath and urine tests were conducted, both of which are inferior to hair testing. 58 VPMG, Complaint management and investigations, section 12.3. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. GPO Box 913 Melbourne VIC 3001. . At other times, a link might contain a large number of documents under a general description, such as G drive documents. Examples of matters identified by IBACs auditors that did not adequately identify allegations from the outset included: The audit also identified 13 matters where there were inconsistencies between the allegations recorded in ROCSID and the details recorded in the file. If yes: Did the supervisor identify the need for further work? 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. Two of the five complaints that did not record reasons for the lack of contact contained notes suggesting the investigator intended to contact the subject officer, but there was no indication in the final report that such contact had been made or an explanation why the proposed action was not pursued. Professional Standards Command. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. It is therefore important that investigations are conducted in a timely manner. 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. IBACs audit therefore considered whether more general risk assessments were conducted in PSC investigations to identify issues that warranted immediate action (before completion of the investigation). Potential precedent setting decision with medium risk'. The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. However, it is noted that allegations recorded on a work file appear on a subject officers complaint history report. 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. 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. For information on reporting options and support available for victim survivors, visit our Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage. Once the investigator has answered those questions, form 1426 must be approved by the investigators supervisor who is required to develop a conflict management plan if needed. Auditors took the view that these two matters should have been reclassified as corruption (C3-4) and criminality not connected to duty (C3-3) complaints respectively. information that clearly guided the investigation, such as contact lists, avenues of inquiry and results, but were not characterised or signed off by a manager as a formal investigation plan (two files). A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). The victim admitted the burglary occurred the day after he hosted a two-day party at which cocaine and speed had been used, suggesting the offenders may have been looking for drugs. Some of these changes were appropriate, while others were not. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. 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. Reasons were recorded for not contacting relevant civilian witnesses in seven files. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. 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. This represents five per cent of all files in the audit and 25 per cent of the 12 files that resulted in at least one substantiated determination. 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. twenty-seven files that identified at least one subject officer but failed to attach the subject officers complaint histories, fifty-six files that did not attach a conflict of interest form or contain any other documents to indicate that conflicts of interest were otherwise considered, forty-seven files that did not contain a formal investigation plan, including two matters that involved the preparation of criminal or disciplinary briefs, nine of 11 files where advice was sought from the DAU but that advice was not attached, twelve files that identified a contactable complainant but did not attach a copy of the outcome letter sent to the complainant as required by section 172 of the Victoria Police Act. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. Notes on one file indicated that the public complainant, who was interstate, declined to participate further, while the other file involved a detailed report from the former officer in charge of a police station which did not require further follow up. In a matter that involved a total extension period of 255 days: the first extension request was made four months after the initial 152-day time frame expired for a C3-4. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. In the course of preparing charges against a subject officer for wilful exposure, PSC became aware of other allegations of inappropriate sexual conduct by the same subject officer over a period of time. Five IBAC officers undertook the auditing process. Does the audit officer agree that this period of extension/suspension was approved? IBAC formally advised the Chief Commissioner of Victoria Police of its intention to conduct the audit. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . 73 Note that the 451-day extension was approved by the then acting Assistant Commissioner PSC, noting that the file had been allocated to an investigator after the due date. The review is a key recommendation of the Royal Commission into the Management of Police Informants. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. there is sufficient evidence to charge the complainant with making a false report to police. 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. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). any human rights breach must be recorded on both ROCSID and discussed in the final report. 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. twenty-two files involved extensions that were not approved by an officer of sufficient rank contrary to the VPMG requirements, seventeen files involved extensions that were made after the original due date or expiry of the preceding extension contrary to the VPMG requirements. As such, they will come across matters involving officers with whom they have trained, worked and socialised. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. Comment on final letter or advice to the complainant. 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. Do the actions in ROCSID reflect those in the final report and final letters? The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. 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. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. observed that the actual purchaser had already paid a deposit, denied sending someone to test drive the motorbike the day before he picked it up, adding that he would be upset if the subject officer let someone else test drive the motorbike after taking his deposit. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. In those matters Victoria Police is recorded as the complainant in ROCSID without identifying the specific officer who submitted the report. Does the audit officer agree with the count and identification of members complained against? One complaint of criminality not connected to duty (C3-3) contained notes to indicate it was not necessary to formally advise the subject officer of the outcome because he received workplace guidance in 2011 after admitting to the allegations. Was advice sought from the DAU or the OPP? IBAC continues to liaise with Victoria Police on this issue, emphasising the important role rigorous conflict of interest processes play in demonstrating impartiality in complaint investigations. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. Was the extension approved in accordance with the VPMG? Proud of the efforts of those who work at my police station and across the state in dealing with domestic violence daily. However, on review, the Assistant Commissioner PSC downgraded the recommended discipline charge to workplace guidance on the basis that this is an arguable case of self-defence and I give the benefit of the doubt to [the subject officer]. Go to the police website (www.police.vic.gov.au) and follow the ' Compliments and complaints ' link. Auditors also disagreed with determinations made by PSC in 10 files (17 per cent) on the basis that there was either: The following case study provides an example of a matter where PSC reached a conclusion of unable to determine which was disputed by IBAC auditors. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. 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. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. 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. Of the 46 files that formally identified subject officers, 22 had attached a copy of a final outcome letter to the subject officers (48 per cent), however three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). Contact was made with all relevant complainants in the majority of files (22 of 26 files, or 85 per cent) where a contactable complainant was identified. The OPP agreed and the matter proceeded to discipline hearing. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. 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. Accurate records are essential for accountability and data analysis. spraying a woman with capsicum foam to bring about compliance during an eviction. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. a qualified independent investigator in the member's Region or Command; an Investigator at Professional Standards Command; a team or work unit responsible for any policies or procedures you identify as a problem. call to police communications in which he reports that he lost sight of the vehicle. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. This is equally true of PSC investigators. Some of these files were managed locally. An admonishment notice was issued in relation to three files (six allegations). This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. The Professional Standards Division was established under the Victoria Police Act 2013: to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for police officers, protective services officers and police reservists. The section on Managing investigations discusses investigation management generally and even notes at one point that managers should assess the probable outcome, namely whether criminal or disciplinary charges are contemplated, however the entire section appears under a heading Criminal investigations, suggesting that these requirements are limited to those investigations.