professional standards command victoria police
When the PSC receives a complaint, the complaint is triaged (i.e. 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. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. Conduct and Professional Standards Division, Intelligence, Innovation and Risk Division, receiving complaints and notifications about corrupt conduct and police personnel conduct (including complaints received by Victoria Police and mandatorily reported to IBAC), assessing those complaints and notifications to determine which will be referred to Victoria Police for action, which will be dismissed, and which will be investigated by IBAC, providing or disclosing information to the Chief Commissioner relevant to the performance of the duties and functions of Victoria Police, reviewing investigations of selected matters referred to Victoria Police by IBAC to ensure those matters were handled appropriately and fairly, oversighting deaths and serious injuries associated with police contact pursuant to a standing own motion, conducting own motion investigations about police personnel conduct or corrupt conduct, conducting private and public examinations to assist investigations into police personnel conduct and, in the case of public examinations, exposing systemic issues, encouraging people with relevant information to come forward and to serve as a deterrent to others, ensuring police officers have regard to the Charter of Human Rights, including through reviews and audits of Victoria Police complaint investigations, undertaking research and other strategic initiatives, including auditing how Victoria Police handles its complaints. A report was made to police about an aggravated burglary. The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. At the conclusion of his investigation, the PSC investigator noted that station managements failure to intervene adversely affected morale at the station as well as the divisions service delivery. IBACs auditors disagreed with the reclassification of five complaints. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. Dear Chief Commissioner, On Wednesday, 17 October 2012 I wrote Victoria's then Chief Commissioner of Police Ken Lay QPM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called "The AWU Workplace Reform Association Inc". 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. 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. However some investigators had complaint histories that raised general probity concerns which PSC may wish to consider, to ensure its staff and practices are beyond reproach and have the confidence of complainants, subject officers and the general public. When contacted by the local CIU, the subject officer told detectives he did not know the victim well and had only met him for the second time when he visited the victim at his apartment for a drink (on one of the days that the party took place). This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. When the provision was first introduced into legislation, parliamentary debate noted that the provision was intended to make the public confident that when a police officer is under investigation for a criminal offence a reference will be given, firstly, to the DPP to see if charges will be laid before the matter progresses any further, and secondly, to assure the public that the police will not be treated differently from the public at large.57. 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. All of the work files in the audit contained serious allegations. Although these should have been included, they were not likely to alter the determination. https://www.vic.gov.au/copyright.html, Disclaimer Notice: 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]. 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. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. Was a conflict of interest otherwise identified by Victoria Police? This included: The audit did not identify any matters in which there were concerns that delays compromised the investigation. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. maintain the ethical health of the workforce and reduce ethical risks and workplace harm. PSCs enquiries included interviews with two complainants and three civilian witnesses, execution of a search warrant on the subject officers home, seizure of mobile phones and analysis of call charge records, a targeted drug test and a criminal interview of the subject officer. 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. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). 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. The investigator could then recommend that the information be considered for intelligence purposes (with restrictions placed on the file where necessary) rather than reclassifying the complaint as a work file that contains intel only. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. Comment on policy or procedural issues that were or should have been identified. For information about related policies, download the free Family Violence involving Victoria Police employees section of the Victoria Police Manual: For full access to the manual, visit our Procedures and legislation page. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Auditors considered this appropriate. Of the 59 files in the sample 10 were reclassified. 70 VPMG, Complaint management and investigations, section 6.7. 71 One file was not reclassified until 62 days after the 90-day time frame expired for a C3-3 file and another was not reclassified until 29 days after the 90-day time frame expired for a C2-1 file. IBACs audit was undertaken to identify how PSC investigates serious complaints about Victoria Police officers, including allegations of serious misconduct and corruption. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. The Professional Standards Bureau contains a variety specialized units. In a further two files the investigator did not contact any of the relevant complainants. 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. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. 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. recording an invalid determination in ROCSID, even though the investigator made a valid determination in their final report or vice versa (seven files), using exonerated, unfounded and not substantiated interchangeably (four files). If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. 5 Victoria Police Act 2013, s 169(2) and (3). 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. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. 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. If not notified: Should IBAC have been notified? In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. In one file audited by IBAC, the investigator identified this drug testing of specific work units as an organisational issue, noting that RSD is responsible for maintaining the security and integrity of all criminal records and warrant documentation, and that an employee with a substance abuse issue could be compromised, thus creating a significant security risk for Victoria Police. 18 Originally classified as minor misconduct, criminality or corruption. 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). In one of the four complaints in which a police witness was not contacted, notes logged in Interpose suggest the investigator intended to contact a named police witness, however there is no record of any actual contact or notes to indicate why that officer was not contacted. However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. Your Duties Will Include. This included 15 files that were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations of rape, receiving/handing stolen goods, threats to kill and interference in an investigation. As the central area responsible for overseeing, coordinating and investigating complaints within Victoria Police, PSC plays a critical role in identifying broader issues arising out of complaints that could be addressed through policy or other initiatives at the organisational level. five complaints with minor shortcomings in the evidence considered. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. This included extensions sought and granted: Based on the available information, auditors considered that 22 files involving extensions were not approved by a sufficiently ranked officer as required in the VPMG: Auditors also noted that 17 files involved extension applications that were not made before the original due date or preceding extension expired as discussed in case studies 31 and 32. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? Of the 10 disputed work files: Two files remained work files even after criminal interviews had been conducted, at which point it is arguable that the allegations had crystallised sufficiently to warrant reclassification. 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). In seven of these files, it was stated that contact was not required in relation to a work file. 3 A copy of the audit tool is included as an appendix to this report. An entry was made in the subject officers PDA and he was directed to undertake additional equity and diversity training, and submit a 500-word essay on standards of behaviour. police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. 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. Of these 64 files, 59 were audited.2 Hard copy files were audited and, where relevant, IBAC examined information stored on Victoria Police's Register of Complaints, Serious Incidents and Discipline (ROCSID) and Interpose, Victoria Police's investigation, intelligence and registry management system. Victoria Police is obliged to notify IBAC of complaints received about corrupt conduct or police personnel misconduct by a Victoria Police employee or police recruit.22 In practice, an automated email is sent to IBAC by Victoria Police when a file is classified as a notifiable C2-1, C3-2, C3-3 or C3-4 complaint. 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. Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. This would ensure the investigation is on track and help to provide a transparent record of the intended lines of enquiry for the more serious and complex matters handled by PSC. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. 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. 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. Run reports and prepare briefings. More serious, complex matters are more likely to give rise to a range of risks while potentially taking longer to investigate. As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. This would ensure an investigation addresses all relevant elements of a complaint, and explain action taken or not taken. 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. IBAC identified that there are aspects of PSC's complaint handling processes that are concerning and require improvement. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. In one complaint the subject officer was a PSC investigator. 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. similar allegations in the recent past (10 files), similar allegations in recent times and another complaint that was currently open (three files). This is equally true of PSC investigators. The Personnel Services Bureau provides initial, ongoing and advanced training while recruiting and hiring the finest citizens in our community to serve as police officers. State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . Ethical conduct standards which comprise shared values and expectations of the profession. 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. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . 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. 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. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. the minimum level of professionalism required by both members, the impact of their personal lives upon other members working at the station, consequences of any identified breaches of discipline or legislation (ie workplace bullying), welfare and counselling services available, negotiation by consent for a short-term transfer to neighbouring stations to mitigate any ongoing workplace tension, relevant PDA entries for both parties outlining the minimum professional standards required from sworn members both on and off duty without reference to their personal circumstance linked to a performance discussion. a sergeant who had two proven discipline charges (albeit from 1998 and 2007), a sergeant who was the subject of a rape allegation in 2009 (which was withdrawn) and two substantiated determinations, including one for indecent sexual behaviour with a junior officer in a public place, which resulted in a proven discipline charge. In particular, the majority did not attach conflict of interest forms, investigation plans, or a copy of the DAU advice or extension approvals (where sought). It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. This was due to the complaint not being classified and entered onto ROCSID until the end of the investigation which started seven months earlier.66 While this represents poor record keeping practice, auditors were satisfied the delay in classification did not adversely affect the investigation, which was handled appropriately. 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. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). The VPM complaint management and investigations guidelines states: It is a requirement of the Victims Charter Act that complainants and members of the public who are directly involved in an incident are: The last point reflects the requirements of section 172 of the Victoria Police Act, which states that the Chief Commissioner must in writing advise the complainant of the results of the investigation and the action taken or proposed to be taken unless it would be contrary to the public interest. The IMG notes that where investigations reveal and recommend discipline action investigators should consult the DAU to establish the requirements in proving the alleged breach [noting that] consultation at the earliest opportunity is essential for expedient resolution.51. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. 26 VPMP, Complaints and discipline, section 6.2. Has any action been taken to progress recommendations in relation to issues identified? 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. 47 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, p 8 in relation to the 1,010 allegations finalised over the three years from 2013 to 2015. 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. Tel: 1300 363 101. IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. People Development Command: PSC: Professional Standards Command: VPS: Victorian Public Service: WoVG: Whole of Victorian Government: The next step. An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. The issue was first raised by Victoria Police employees and was promptly referred to . Notes on the file suggest that although more than one attempt was made to allocate the file to a PSC employee outside the Investigations Division, other areas of PSC did not have capacity to handle the matter. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating.