professional standards command victoria police

If no contact but reasons given: What reason was given? Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. It appears PSC investigators may not be completing form 1426 because they consider their independence is guaranteed by virtue of working at PSC. The goal of the PRSB is to support the journey of policing towards being a full profession. The victim admitted the burglary occurred the day after he hosted a two-day party at which cocaine and speed had been used, suggesting the offenders may have been looking for drugs. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. Were all relevant fields accurate and complete in ROCSID. PSC advised IBAC that most of its investigators are now detective sergeants or more senior, to avoid difficulties associated with senior constables investigating more senior officers, and to address concerns raised in a 2012 internal review which identified issues with the quality of investigations conducted by detective senior constables. 64 C1-0 work files and C3-4 corruption complaints. 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. If no: Reason for disagreeing with the number of allegations. Misconduct within Professional Standards Command . A complaint was generated when a former Victoria Police officer (dismissed following a criminal conviction for drug related offences) was found to be living with a relative (the subject officer) temporarily while he completed landscaping work for them. 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 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. a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. 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). The file was treated as a protected disclosure to protect and manage the complainants and witnesses. The final report acknowledged the original investigation would not have been considered adequate in the current environment. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). Victoria Police has accepted these findings. Of the 14 complaints where investigators did not contact subject officers but recorded reasons, reasons included: The decision not to contact subject officers when a matter is filed as intelligence appears to be supported by the VPM complaint management and investigations guidelines. However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. Taking into account approved extensions, the audit identified 15 files that were delayed. These independent audits help Victoria Police build capacity to prevent corrupt conduct and police misconduct by identifying areas of improvement around complaint handling. Once classified, the PCU creates a file and enters preliminary details in ROCSID. 69 VPMG, Complaint management and investigations, section 6.6. 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. 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. Victoria Police hiring Human Resource and Governance Consultant in 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. 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. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. However, the man's family are disgusted with the way that he was taken into custody. 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. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. 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 2016 audit also noted that it should be reinforced with investigators that a complaint should be assessed on the balance of probabilities. Victoria Police | Contacts & Services Directory advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. This complaint was classified as a work file. Has any action been taken to progress recommendations in relation to issues identified? 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. 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. Given that the criminal investigation had not reached its conclusion, it would have been prudent to conduct a targeted DAT as requested by the investigator, noting that this could have provided Victoria Police with further grounds for dismissal. advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. 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 Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. This process should ensure IBAC is notified of all work files. 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. In the second matter, PSC investigated an allegation of multiple assaults following a police work Christmas party that had progressed to another venue. However, most if not all PSC investigators have worked in other areas of Victoria Police. IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. 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. It is not clear from the file whether this recommendation was actioned by Victoria Police. 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. Professional Standards Command - Fitzroy Legal Service The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. seven of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected to duty (C2-1, C3-2 and C3-3) (41 per cent) were completed within the 90-day time frame, while 10 (59 per cent) took more than 90 days to complete. 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. 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. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. a decision to file the matter as intelligence using the work file classification (seven files), interviews having already been conducted by other (non-PSC) police (four files). IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. What evidence was or should have been considered? 4 Victoria Police Act 2013, Part 9 addresses complaints and investigations. 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. Victoria police: Christian officer faces disciplinary action after leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. 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. 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. 39 Details on the file indicate the complaint was posted on Facebook in June 2015, however PSC was not notified until 13 October 2015, after which the DAT was conducted on 29 October 2015. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. 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. Was the investigation reviewed by a supervisor? 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. Matthew Bui on LinkedIn: After 16 fantastic years as a frontline police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. 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. Matt H. - Police Inspector - Vancouver Police Department | LinkedIn 42 VPMG, Complaint management and investigations, section 12.2. 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. 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. Conduct and Professional Standards Division, Sexual Offences and Family Violence Unit (SOFVU), Intelligence, Innovation and Risk Division, Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage, VPM - Family violence involving Victoria Police Employees, Contractors, service providers and security clearances, Decriminalisation of Sex Work in Victoria, Publications, strategies and corporate information, Access and Inclusion Action Plan 2023-2024, Code of Practice for the Investigation of Family Violence, Family Violence, Sexual Offences and Child Abuse Strategy, Workforce Diversity and Inclusion Framework 2023-2030, Aboriginal Youth Cautioning Program (AYCP), National Police Remembrance Day and Memorial, Past and Present Women Police Association, Work experience, traineeships and employment schemes, Staying safe at school leaver celebrations, National police checks and fingerprinting, Unwanted sexual and anti-social behaviour on public transport, Change or suppression (conversion) practice, Family violence or sexual offences perpetrated by a Victoria Police employee, Police Assistance Line and Online Reporting, maintain community trust and confidence to ensure that we can continue to serve the community and uphold the law. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). No further explanation could be identified on the file. 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. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. Following the arrest of the subject officer for unrelated alleged sex offences four years later, local management provided details of the 2011 matter to PSC. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. 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. three hundred and thirty-five days after receipt, and, 124 days after the investigators report was marked as completed in ROCSID, seven hundred and thirty days after receipt, at which point the investigators report was marked as completed in ROCSID. Across all five areas, IBAC identified areas for improvement, which have informed this reports key findings and recommendations. twenty-seven files that identified at least one subject officer but failed to attach the subject officers complaint histories, fifty-six files that did not attach a conflict of interest form or contain any other documents to indicate that conflicts of interest were otherwise considered, forty-seven files that did not contain a formal investigation plan, including two matters that involved the preparation of criminal or disciplinary briefs, nine of 11 files where advice was sought from the DAU but that advice was not attached, twelve files that identified a contactable complainant but did not attach a copy of the outcome letter sent to the complainant as required by section 172 of the Victoria Police Act. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. 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. fifteen complaints where key evidence was not considered at all, five complaints where evidence was only partially considered. 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 qualified independent investigator in the member's Region or Command; an Investigator at Professional Standards Command; a team or work unit responsible for any policies or procedures you identify as a problem. five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. In total, 12 subject officers were criminally interviewed. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. In another, the Assistant Commissioner PSC determined that consultation was not required because the assaults on civilian victims only involved summary assaults while the police victim was unwilling to proceed with criminal charges even though the requirement to consult is predicated on reasonable belief that the offence has been committed, not reasonable belief that the charge will be successful at court. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. Two files involved allegations that unsworn Victoria Police employees were using drugs. IBACs 2016 audit of complaint handling at the regional level noted the importance of ensuring that investigators are of a more senior rank to subject officers. 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. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. 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). The file is then assigned to the relevant investigation unit manager for allocation to an investigator. Contact Us. 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. If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. There are no specific policies that set out time frames for registration, classification or allocation. 50 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, pp 11-12 notes that that audit identified two complaints where Tasmania Police did not follow the principal legal officer recommendation to seek advice from the DPP; NSW Ombudsman 2016, Annual Report 2015/16, pp 48-49 notes that the agreement between the NSWPF and the DPP should be revised to provide police officers with better guidance about the types of matters that require consultation with the DPP. Professional Standards Command. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. Seventeen warranted preliminary inquiries. Auditors identified two other files that addressed conflicts of interest but not via the formal process. This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. https://www.vic.gov.au/copyright.html, Disclaimer Notice: Were the relevant complaint histories discussed on the file in any way? Discipline charges were recommended in relation to four files (four allegations). 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. an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22). In October 2017 Victoria Police accepted these recommendations in principle. 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. Our focus is on preventing corrupt behaviours involving police employees. This included six complaints that were upgraded to a corruption or criminality classification17 and four files that were downgraded to a work file.18, The PSC Conduct and Professional Standards Division Standard Operating Procedures (SOPs) state a complaint should not be reclassified unless an investigation reveals a different allegation or the allegation has been changed by the complainant.19. Victoria Police's handling of serious complaints against officers 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. . other matters by direction of the Assistant Commissioner PSC. 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 included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. However, it is noted that allegations recorded on a work file appear on a subject officers complaint history report. for intelligence purposes was the most common determination on a file basis (22 per cent of files). Controls were put in place to maximise consistency in the audit process. Auditors considered this appropriate. 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. This included two subject officers listed in two C1-0 work files that the auditors found should have been reclassified as complaints of corruption (C3-4) or criminality not connected to duty (C3-3) by the time criminal interviews were conducted if not earlier. After 16 fantastic years as a frontline operational police member, I am fortunate to move into my new role, at a new rank, as Inspector at Professional Standards Command in Victoria Police. While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. One allegation of secretion of weapons was determined as substantiated by the investigator. 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). It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. According to the IMG, these allegations clearly warrant classification as a corruption complaint (C3-4). In September 2016 IBAC published an Audit of Victoria Police complaints handling systems at regional level. 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. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). Small aircraft crash reported on Salt River Pima. 19 PSC Conduct and Professional Standards Division SOPs 2014, Version 14, section 25. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. maintain the ethical health of the workforce and reduce ethical risks and workplace harm. However, the final investigation report concluded that no witnesses have been identified that could afford direct evidence.

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