A complaints form can be completed online. Controls were put in place to maximise consistency in the audit process. These matters suggest that clearer guidance may be required to ensure that, in accordance with section 127(2), Victoria Police consults with the OPP where there is sufficient information for the Chief Commissioner to form a reasonable belief that the subject officer has committed a reportable offence before taking any discipline or lower level managerial action. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. In addition, 21 of the remaining 24 files did not require advice because the subject officer was identified in relation to a work file or corruption complaint (C1-0 or C3-4). 68 Victoria Police 2014, Conduct and Professional Standards Division standard operating procedures, p 22. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. Are extension requests and approvals attached to the file? The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files considered in the audit was twice the nine per cent substantiation rate (on a file basis) in the 2016 regional complaints audit and comparable to overall police complaint substantiation rates in other jurisdictions (on an allegation basis). An admonishment notice was issued in relation to three files (six allegations). 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. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. The PSC investigator verified that the three incidents involved: As a result, one allegation of pervert the course of justice was recorded in ROCSID against each police officer in relation to their attempts to avoid the speeding fine and the breath test. Unfortunately, PSCs handling of the matters outlined above suggests that Victoria Police does not sufficiently value employees who identify issues or make complaints about colleagues by failing to sufficiently: Indeed, in both matters investigators were at pains to note that the police victim declined to make a complaint and only provided investigators with details when directed to do so, perhaps perpetuating the idea that a good police officer only reports the poor conduct of others when required to do so. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. for no documented reason (that is, there were no extension requests on the file and ROCSID either records the reason for the extension as admin requirement or as per monthly review or does not contain any reasons) (eight files), after the investigation report had been signed off and/or subject officer has been advised of the outcome (four files), because the investigator was on leave (three files). This includes working to deter and investigate employees involved in criminality or misconduct. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. Figure 1 outlines the audited files by classification upon closure. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. 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. Were all relevant fields accurate and complete in ROCSID. 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. The IMG notes that the circumstances of the investigation and the type of complaint will frequently control the order of interviews (however) as a general rule, interviews should be conducted in the following order: Of the 59 files audited, 43 (73 per cent) were recorded as automatically generated complaints.32 In instances where ROCSID recorded that the complaint was automatically generated, but also identified some other person as a complainant in any way, the other person has been counted as the primary complainant for the purpose of seeking clarification or providing outcome advice pursuant to section 172 of the Victoria Police Act. While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. Based on the available information, did the delay compromise the integrity of the investigation in any way? Analysis of trends and patterns relies on complete and correct data. While these requirements only appear to apply to criminal investigations, it would be prudent to prepare a plan for all of the serious and complex matters that make up most of PSCs investigations. 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. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. insufficient evidence to support determinations of exonerated, withdrawn, not substantiated and unfounded (six files) for example, two drug use allegations were determined to be exonerated and unfounded without conducting a drug test or putting the allegation to the subject officer. 67 VPMG, Complaint management and investigations, section 6.6. Once allegations have been identified that warrant classifying the matter as a notifiable complaint, it is not clear why it would ever be appropriate to later reclassify the complaint as a work file. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. IBACs 2016 audit of complaint handling at the regional level found that: The 2016 report also noted that Victoria Police undertook a review in 2012 which recommended that the system of determinations should be simplified to two possible findings, namely case to answer and no case to answer, noting that the current system of determinations can cause confusion and anxiety among officers. Are outcome letters to subject officers attached to the file? A Victoria police spokesperson declined to comment on the OPP's decision, or whether it would impact on the work of Sofvu. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. Of the 27 files classified as work files (C1-0), auditors considered that: Consideration of complaint histories was inconsistent across the files included in the audit. The various ways in which determinations have been applied in the audited PSC files adds further weight to the recommendation that the system of determinations should be simplified to ensure greater consistency and fairness, and to reduce the potential for ambiguity. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. The matter was thoroughly investigated by PSC and ultimately identified six instances of sexual harassment which resulted in the approval of a DCN by the Assistant Commissioner PSC. Victoria Police will ensure policies are aligned to the outcomes of the review. 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. 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. Interpose is set up to facilitate use of a container to record notes associated with the progress of the investigation and an associated container to house documents that relate to the investigation. Local management made enquiries with the victims (who all confirmed the inappropriate behaviour but declined to make a formal complaint or provide statements) and the subject officer (who made admissions). The audit examined how effectively complaints involving more serious allegations of police misconduct or corruption concerning Victoria Police officers warranting investigation by PSC are investigated. 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. IBAC also acknowledges that Victoria Police has recently taken steps to improve the identification and management of conflicts of interest in complaint investigations, including through the introduction of a new form. This process should ensure IBAC is notified of all work files. other matters by direction of the Assistant Commissioner PSC. 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. The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. hitting a 16 year old in the head during arrest, and. While one file may have recorded a determination of not finalised in error, 13 work files recorded a determination of for intelligence purposes, suggesting this is not a one-off administrative error. Australian Human Rights Commission (AHRC) Tel (general enquiries): 1300 369 711. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. Does the audit officer agree with the characterisation of the allegations? two files that were not technically delayed because they were reclassified as work files extending the final time frame by 62 days, however that reclassification did not occur until after the original 90-day time frame (for a C2-1 and a C3-3) expired. However, most if not all PSC investigators have worked in other areas of Victoria Police. Ideally, Victoria Police should consult with the OPP early in the process. The final report acknowledged the original investigation would not have been considered adequate in the current environment. Victoria Police is focussing on developing policies, training and systems which support safe, inclusive and respectful workplaces. In the following matter, a work file was not reclassified as a criminality complaint (C3-3) until after the PSC investigation was completed, despite identifying possible criminal charges. What reasons were noted for extensions sought? Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. As well as being contrary to procedure, this lack of documentation made it difficult for auditors to assess whether extensions were justified, whether they had been approved by the appropriate officer and the length of extension that was granted. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. At the end of the interview the corroborator advised the subject officer that the outcome of the investigation is not a decision I can make [and that] any investigations that deal with inspectors [go to the] superintendent and/or the assistant commissioner [because] it wouldnt be right for me to be sitting here judging or deciding what should happen to a fellow inspector. That report made recommendations in relation to Victoria Polices oversight and investigation of serious incidents including deaths or serious injuries that followed contact with police. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. The Intelligence, Innovation and Risk Division supports PSC in promoting a culture of high ethical standards throughout the organisation by: Support Services Division provides a range of tactical support to PSC Investigations Division. On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. In five matters, it was apparent that the difference in the determinations recorded in ROCSID and the file was due to the determination (and on occasions the allegation) being changed on review. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Specific allegations are not identified or highlighted by the PCU. 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. 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. Following an off-duty incident, PSC conducted an investigation in which a subject officer was found to have: The PSC investigator prepared a discipline brief but did not formally recommend any action, instead opting to submit the brief to the DAU within PSC for consideration of sanctions/outcome. While the majority of the DAUs work involves providing advice in relation to discipline briefs and assisting in the discipline charge process, the DAU also provides investigators with advice in relation to any disciplinary issues. However, the higher substantiation rate for allegations investigated by PSC may be due in part to the fact that matters retained by PSC for investigation are more likely to result in charges or other discipline action if substantiated. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). In March 2018 IBAC published an Audit of Victoria Polices oversight of serious incidents. 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. failure to take action in relation to intervention order breaches which should have given rise to consideration of the right to equality before the law (section 8). It is good practice for police to seek the opinion of the OPP as early as possible where there appears to be substance to an allegation that a police officer has committed a criminal offence.50, PSCs Investigations Division includes a dedicated Discipline Advisory Unit (DAU) which assists investigators with all aspects of the discipline process, including the need to consult the OPP.
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