PSC did not investigate the sergeants alleged false report, or make any enquiries in relation to senior managements knowledge of the incident, ignoring significant issues raised in the complaint. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). Victoria Police command welcomed the introduction of the Victorian Human Rights and Responsibilities Act in 2006 and have been driving a substantial part of this positive cultural change with new training emphasising human rights, new command structures, and new ethical, human rights and anti-discrimination guidelines and policies. Professional Standards Command. 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. This decision effectively circumvented the requirement to consult with the OPP. for intelligence purposes (15 allegations). 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. The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. As the dedicated Victoria Police complaint investigation unit with specialist expertise, PSCs Investigations Division should exemplify best practice in complaint handling. 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. Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. A file that listed one allegation of duty failure but failed to list an allegation of improper conduct. Tasmania Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, reported an average substantiation rate of 16 per cent for the 1,010 allegations finalised over 2013-15, p 8. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. Were disciplinary and/or criminal charges laid? Was the choice of investigator appropriate? 4 Victoria Police Act 2013, Part 9 addresses complaints and investigations. 62 VPMG, Complaint management and investigations, section 6.1. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. 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. IBACs audit found that where a complaint gave rise to immediate risks that warranted action before completion of the complaint investigation, PSC investigators generally took appropriate action. The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. Does the audit officer agree with the number of allegations? 64 C1-0 work files and C3-4 corruption complaints. 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. 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). 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. One involved allegations of sexual harassment. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. The majority of PSC investigations involve situations where the investigator is attached to another unit and is not, therefore, a current colleague of the officer who is the subject of the complaint. 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. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. Do the actions in ROCSID reflect those in the final report and final letters? 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. VIC POL STATEMENT 270422. 13 VPMG, Complaint management and investigations, section 1.1. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. 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. 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. 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. These types of allegations warrant notification to IBAC. 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. IBACs audit therefore considered whether more general risk assessments were conducted in PSC investigations to identify issues that warranted immediate action (before completion of the investigation). In total, 12 subject officers were criminally interviewed. Almost half of the sample were work files, a quarter were classified as corruption complaints files and the remainder (all involving assault allegations) were classified as complaints involving criminality not connected to duty, misconduct connected to duty or minor misconduct. This is equally true of PSC investigators. This is not the case. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. Before a complaint investigation commences, it is necessary to accurately identify the key allegations and subject officers, classify the complaint, allocate the file to an investigator, formally consider any conflicts of interest from the outset and develop an investigation plan. 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. 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. 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. 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 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. Auditors disagreed with the action recommended in nine files (15 per cent). 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 VPM complaints and discipline policy requires investigators to be aware of impartiality issues and provides guidance around how to respond to conflicts of interest.26. In the absence of clear directions and effective process, a complaint management system such as Interpose is of limited use to managers and reviewers to actively monitor the progress and audit complaint files. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. The audit identified 25 files (42 per cent) that did not appear to have appropriately considered evidence relevant to the investigation. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. promote a culture of high ethical and professional standards throughout the organisation, investigate corrupt behaviour, serious criminal behaviours and misconduct where police employees may be involved, identify and proactively address emerging integrity issues and trends.