Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. This included files where a subject officers complaint history included: In four of these 17 files, auditors were not able to identify notes or other evidence on the file to indicate that complaint histories had been considered. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. 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. 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. State Government of Victoria If yes: Where were the planning documents found, Comment on planning documents (or lack of). The Victorian Government 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. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. PSC retains the most serious and complex matters for investigation. In 32 files (54 per cent), the primary complainant was external to Victoria Police. The role of the Sexual Offences and Family Violence Unit (SOFVU) is to investigate allegations that involve Victoria Police employees of: SOFVU has an embedded welfare unit dedicated to offering support and guidance to those impacted by these offences. The file does not contain any notes to indicate why the subject officers wife was not contacted. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. All of the work files in the audit contained serious allegations. This process should ensure IBAC is notified of all work files. seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. Although these should have been included, they were not likely to alter the determination. Australia Covid-19: More than 40 Victoria Police staff could be fired Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. Attempted to int[ercept] solo lost sight of same whilst requesting assist. overstated the number of allegations in ROCSID (two files). This complaint was classified as a work file. Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. Comment on final letter or advice to the complainant. Auditors also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. However, none of those files formally recorded action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPMG complaint management and investigations. In the first matter, the acting Assistant Commissioner PSC followed the investigators recommendation and consulted the OPP, noting he believed the matter should proceed by way of discipline hearing given the victims reluctance to give evidence at any criminal hearing in relation to the matter, which would reduce the likelihood of a conviction. 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. 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. Auditors identified four files in which relevant complainants were not contacted. Police Complaints Links & Resources - Police Accountability ROCSID categorises an officers involvement in a complaint in two ways: At present Victoria Police does not have a formal policy to determine when complaint histories should be considered. approached people nominated by the complainant as having possible knowledge of the offence, including a former landlord and a friend, who were unable to assist. To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. This issue was also identified in IBACs Operation Ross which investigated incidents involving alleged excessive use of force by some Victoria Police officers at the Ballarat police station.23 In addition, IBAC is advised that PSC is currently undertaking a broader review of probity issues which may provide further clarity in relation to how complaint history information is considered by investigators.24. Auditors considered that evidence was only partially considered in five complaints. Officer A told Officer B to do as requested and pre-pay the driver. 26 VPMP, Complaints and discipline, section 6.2. providing a range of strategic and tactical intelligence products, educating our employees in appropriate ethical behaviours and the management of integrity hazards, the provision of the Integrity Management Program, policy coordination, risk planning and risk management/mitigation, responding to IBAC and other oversight body recommendations. Professional Standards Command - Capability | Victorian Government In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. The 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. Was the investigation reviewed by a supervisor? 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. Professional Standards Section - VicPD.ca Was a formal investigation plan prepared from the outset? IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. What evidence was or should have been considered? However, more complex matters may be referred to PSC superintendents for discussion or taken to the weekly Tasking and Coordination meeting to discuss allocation. 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. Each unit serves specific functions and has unique responsibilities within Tempe PD. Following an off-duty incident, a subject officer was charged with assault by interstate police (charges were later dropped due to the victims reluctance to attend court and the possibility that the court could accept the subject officers claim of self-defence). Analysis of trends and patterns relies on complete and correct data. If no: What was the reason for the lack of contact? PSC should be the exemplar for complaint investigation within Victoria Police. This process should ensure IBAC is notified of all work files. A file that listed one allegation of duty failure but failed to list an allegation of improper conduct. However, the value of the investigators analysis is questionable. Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). The 59 files in the audit involved 118 allegations in ROCSID, the majority of which were characterised as malfeasance, assault or duty failure.12. 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. complaints and disclosures about police misconduct and . 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. In the subject officers statutory declaration, he nominated an unnamed person as the driver. However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. The audit identified only one file where the investigators complaint history suggested a pattern of issues relevant to the file they were investigating. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. IBAC acknowledges that Victoria Police is reviewing its complaint handling and discipline system as part of its response to the Victorian Equal Opportunity and Human Rights Commission Independent review into sex discrimination and sexual harassment, including predatory behaviour, in Victoria Police. Section 127(2) of the Victoria Police Act states that the obligation to consult with the OPP applies if the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4. Victoria Police 'ownership' of professional standards and integrity In a statement, Victoria Police said the "exact circumstances" around the incident were "yet to be determined" and added that it was being investigated by the Transit Safety Division and Professional Standards Command.