Was the choice of investigator appropriate? However, in response to recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised that complaint histories for members involved are now attached to all complaint files forwarded to investigators. work file (C1-0) or correspondence (C1-6) classifications for matters that raised clear allegations involving an identifiable subject officer from the outset (11 files). 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. Complaints provide an important opportunity to identify problems of a systemic nature. 12 Forty-six allegations (39 per cent) were characterised as malfeasance (including drug offences, criminal associations and pervert the course of justice allegations), 31 allegations (26 per cent) were characterised as assault (including serious and minor assaults) and 14 allegations (11 per cent) were characterised as duty failure. thirteen statements taken from subject officers in relation to 10 files. Was the complainant updated on the progress of the investigation? On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. detailed plans that identified possible lines of inquiry, investigation strategies, resource requirements, persons of interest and risks (five files), very basic information entered into the Interpose planning tab for instance, one file did not identify any strategies or lines of inquiry beyond stating that it was an intelligence probe; another only identified one objective and one strategy (five files). 2 Victoria Police Professional Standards Command 10 2.1 Introduction 10 2.2 Legislation and policies relating to Victoria Police complaints and investigations 11 2.3 Previous IBAC audits 12 3 Findings from the PSC audit 13 3.1 Pre-investigation process 13 3.1.1 Key findings 13 3.1.2 Characterisation of allegations and classification 14 The audit scope included all files classified as work files (C1-0) or corruption complaints (C3-4) as well as any other files that included an allegation of assault investigated and closed by PSC during the 2015/16 financial year. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. We will verify the details you have sent, and correct the record if necessary. In that matter, a complaint involving an allegation of off-duty assault was allocated to an investigator who had three allegations of assault recorded in his complaint history (although none were substantiated). Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. No further explanation could be identified on the file. 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. Some of these changes were appropriate, while others were not. This issue is discussed further in section 3.3.3.3. 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. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. Articulated standards, including entry capabilities for each rank and for education and training. the third request was made a week after the second extension expired. 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 Division is involved in a range of programs and projects under the heading "Harmful Workplace Behaviours". However, IBACs audit of complaints investigated by PSC also identified eight files that raised concerns about the way Victoria Police views complaints and its treatment of officers who make complaints about their colleagues. A report was made to police about an aggravated burglary. 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. https://www.vic.gov.au/copyright.html, Disclaimer Notice: For instance, one file raised concerns about an officer driving under the influence of alcohol. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. In the first matter, PSC investigated an allegation of assault involving two off-duty officers. Victoria Police is the primary law enforcement agency of the Australian state of Victoria.It was formed in 1853 and currently operates under the Victoria Police Act 2013.. As of May 2022. 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. Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). 22 Victoria Police Act 2013, s 169(2) and (3) in relation to misconduct and the Independent Broad-based Anti-corruption Commission Act 2011, s 57(2) and (3) in relation to corrupt conduct or police personnel misconduct. 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. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. Has any action been taken in relation to identified human rights breaches? Despite these similarities, Victoria Police did not deal with these subject officers in a consistent manner, as discussed in case studies 22 and 23. 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. 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. 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. 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. sufficient evidence to substantiate an allegation in circumstances where determinations of not proceeded with, withdrawn, unable to determine or not substantiated were reached (four files), as discussed in case study 16. highlighted significant doubts that the subject officer would loan his personal riding gear to an unknown person, noted that the officers address was not part of the advertisements, meaning that the rider must have contacted the officer to arrange a test drive. 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. IBACs audit did not identify any systemic delays in the classification of files by PSC PCU or allocation of files to PSC Investigations Division. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. 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. "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 .