A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. a significant number of total complaints (four files). As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. Documents on the file indicate that the Assistant Commissioner PSC was advised the matter involved a mandatory consult under 127 but only if discipline charging. 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. Formal complaint investigation plans are important for transparency, to document what investigators intended to do and explain any changes in the approach to the investigation. twenty-three of the 42 files finalised work files or corruption complaints (C1-0 and C3-4) (55 per cent) were completed within the 152-day time frame while 19 (45 per cent) took more than 152 days to complete. While requests and approvals were not attached to 14 files (61 per cent), auditors noted that based on the information available on the file and in ROCSID: When approved extension periods were taken into consideration (regardless of whether auditors agreed with the reasons or the process followed), the audit identified 15 files (25 per cent) that were delayed beyond agreed time frames. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. 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. Until recently, that notification did not include C1-0 files as they are not considered complaints. Count of subject officers contacted by investigators, Count of subject officers who resigned during investigation. failed to notify police or offer assistance to attending officers on becoming aware of the assault. 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. What reasons were noted for extensions sought? When the situation escalated, the manager closed the premises for safety reasons. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. One allegation of secretion of weapons was determined as substantiated by the investigator. associated with a person he knew used illicit drugs and associated with OMCG members, advised that person that another off-duty officer suspected him of dealing drugs, which caused the person to assault the off-duty officer. At the conclusion of the matter, the investigator also searched for traffic offences in ROCSID, and identified eight traffic offence allegations that were relevant to the division over the previous three years. 66 This matter was ultimately classified as a work file. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. Controls were put in place to maximise consistency in the audit process. 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. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. 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. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. If no: Reason for disagreeing with reclassification. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). Once classified, the PCU creates a file and enters preliminary details in ROCSID. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. Victoria Police provides policing services to the Victorian community across 54 Police Service Areas (PSAs), within 21 divisions and four regions - North West Metro, Southern Metro, Eastern and Western. A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. Of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected (C2-1, C3-2 and C3-3 files) in the sample, seven (41 per cent) were completed within the 90-day time frame while 10 (59 per cent) took more than 90 days to complete. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. IBACs audit was undertaken to identify how PSC investigates serious complaints about Victoria Police officers, including allegations of serious misconduct and corruption. 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). Were interviews with subject officers conducted at the end of the investigation? 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. 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. This is highlighted in case studies 17 and 18. The six files that took more than 20 days to allocate included one file that took 211 days to allocate to an investigator, due in part to the fact that the subject officer was attached to PSC Investigations Division. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. ensures policy and procedural improvements identified by investigators are formally recorded as recommended action, and implements measures to share those learnings across the organisation. service of a show cause notice as to why the officer should remain employed by Victoria Police, drug testing (without any formal interview or statement). work files are reclassified, notified to IBAC and progress to a full investigation in a timely manner, occuring as soon as notifiable complaint allegations are identified (ie not upon closure of the matter). It is therefore important that investigations are conducted in a timely manner. 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. https://www.vic.gov.au/privacy.html, Copyright Notice: Was the investigation competed within the time frames set out in the VPMG? 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. Corporate and Regulatory Services. The other involved allegations of declarable association, secondary employment without approval and reckless purchase and handling stolen goods in circumstances where the investigation could not establish reasonable belief. 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). Three files in the audit concerned issues arising from a personal relationship breakdown between two officers who had lived and worked in a regional area for more than two decades. 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. 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. https://www.vic.gov.au/copyright.html, Disclaimer Notice: 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 VPMG allow extensions in certain circumstances. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. 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. 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. 29 Victoria Police Act ss 126, 127 and 135. That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. 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. It is not clear why PSC closed the file without investigating the extent of the association. 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. A complaint alleged that an officer was detected riding his motorbike recklessly, noting that senior management were aware of the incident but did not take any action because they do not want the intercepting sergeant to be charged for failing to charge [the rider] and giving false information to communications. five complaints with minor shortcomings in the evidence considered. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. Are outcome letters to subject officers attached to the file? It operates within the Chinese Communist Party (CCP) under the name "Central Military Commission of the Communist Party of China", and as the military branch of the central government under the name "Central Military Commission . Despite confirming that the sergeant did not lose sight of the vehicle as recorded in his running sheet, but stopped and spoke to the rider, only the officer riding the motorbike was recorded as a subject officer. In these matters it is assumed that the complainant is not personally aggrieved. 20 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. The audit identified 28 complaints that involved at least one relevant police witness. minor misconduct, misconduct connected to duty or corruption (C2-1, C3-2 or C3-4) classifications in circumstances where the chosen classification did not reflect the main allegation in the file (five files). 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. 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. In recommending discipline charges, the DAU officer noted that CCTV showed the intoxicated subject officer: The DAU concluded that the CCTV footage shows the amount of force used by [the subject officer] was disproportionate to any threat posed by [the other party] and [the subject officers] actions could have resulted in [the other party] sustaining serious head injuries. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. Overall, 56 per cent of files (72 per cent of allegations) resulted in no action,52 while a further 24 per cent of files (12 per cent of allegations) resulted in the matter being filed as intelligence.53. 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. call to police communications in which he reports that he lost sight of the vehicle. Is the final letter to complainants attached to the file? The file is then assigned to the relevant investigation unit manager for allocation to an investigator. Recognising that PSC investigates the more serious complaints including allegations of serious misconduct and corruption, IBACs audit of a sample of investigations conducted by PSC in 2015/16 was undertaken to examine how Victoria Police handles these more serious complaint allegations. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. informing and educating the community and Victoria Police about police misconduct and corruption, and ways it can be prevented. 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. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 days. The audit also identified inconsistences between ROCSID and the files in relation to the recording of determinations in 20 matters. The PRSB explored this theme in its paper, Towards a Shared Vision of Police Professionalisation in Victoria (2016/17). In one complaint the subject officer was a PSC investigator. Each unit serves specific functions and has unique responsibilities within Tempe PD. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive.