informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). 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. Do the actions in ROCSID reflect those in the final report and final letters? Tel: 1300 363 101. Auditors identified two other files that addressed conflicts of interest but not via the formal process. This included files that: Examples of human rights issues that should have been addressed but were not, included: These observations were consistent with IBACs 2016 regional audit and 2018 audit of oversight files. The following case study provides an example of a matter in which extensive efforts were made by the investigator to identify relevant subject officers. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. In one matter, the complainant clearly identified the wife of the subject officer as a civillian witness to some of the events described in the complaint. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. 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. Contact was made with all relevant complainants in the majority of files (22 of 26 files, or 85 per cent) where a contactable complainant was identified. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability The fact that clear allegations of traffic offences raised in this complaint namely, reckless driving, speeding and drink driving were not recorded in ROCSID raises questions about the accuracy of the data more generally. Does the audit officer agree with the count and identification of members complained against? Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. One complaint of criminality not connected to duty (C3-3) contained notes to indicate it was not necessary to formally advise the subject officer of the outcome because he received workplace guidance in 2011 after admitting to the allegations. Has any action been taken to progress recommendations in relation to issues identified? If Victoria Police reasonably believes that an officer has committed a reportable offence (of the kind listed in Schedule 4 of the Victoria Police Act) Victoria Police must consult with the OPP before charging the officer with a breach of discipline. Five IBAC officers undertook the auditing process. Professional Standards | Police Registration & Services Board Victoria The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. 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. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. Some of these changes were appropriate, while others were not. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. failed to notify police or offer assistance to attending officers on becoming aware of the assault. The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). five complaints in which a Victoria Police officer was injured by another Victoria Police officer in an off-duty incident. 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. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . 58 VPMG, Complaint management and investigations, section 12.3. nine files that did not correctly identify or list all identified subject officers, seven files that recorded an invalid determination, three files that recorded invalid actions or failed to record all the actions recommended in the file. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). 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. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. discrediting Victoria Police. One suspect allegedly told the detective that the police officer gave him advice on how to avoid a charge. As part of the audit, IBAC examined relevant Victoria Police policies and conducted data analysis case studies. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. 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. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. 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. However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). 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. the scope of the work file classification is well defined, and has short time frames, to reflect the preliminary nature of those enquiries. Officer A told Officer B to do as requested and pre-pay the driver. five complaints with minor shortcomings in the evidence considered. Was the complainant updated on the progress of the investigation? 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. . 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. Figure 4 provides a summary of the types of relevant evidence considered, partially considered and not considered in the 59 files audited. The VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. The review is a key recommendation of the Royal Commission into the Management of Police Informants. 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. However, from September 2017 Victoria Police started notifying IBAC of these files. The 15 files that were delayed took between four and 24 months to complete and involved delays of between four and 240 days. As part of Victoria Polices roll out of Interpose more broadly to manage complaint investigation files, it would be prudent to provide all investigators with clear guidance on record keeping requirements to ensure consistency in how Interpose is used. Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. This included one matter where the DAUs initial advice that no action was necessary was queried by the investigators supervisor, then changed to a recommendation for discipline action which was not authorised by the Assistant Commissioner PSC, as discussed in case study 21. Wmata IntranetYou can also fax a note with the SmarTrip card serial To address this, the investigator suggested that: At the earliest opportunity when the personal relationship breakdown was identified by management, a plan should have been implemented and conveyed to both parties outlining: Relationship breakdowns between married colleagues are not uncommon and Victoria Police is likely to encounter similar issues in future. The VPM is comprised of policies (VPMP), which set the mandatory minimum standards, and guidelines (VPMG), which support the interpretation and application of the policies. police witnesses in 24 of the 28 files (86 per cent) that identified a police witness. Auditors also disagreed with the initial classification of 16 files. The total number of identifiable subject officers was 56. The Victoria Police intranet notes that while these interim action options are available, suspension should only be considered if the workplace risk cannot be mitigated. became involved in a verbal altercation with a passer-by, escalated the incident by taking hold of the passer-bys arm, advancing towards him and punching him in the face with a closed fist causing him to fall with considerable force. Victoria Police has accepted these findings. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. Victoria Police hiring Human Resource and Governance Consultant in Can . IBAC Insights provides quarterly updates, analysis and commentary, Follow us for the latest on our investigations, research and events, Information for Public interest Disclosure Coordinators, Discipline Advisory Unit (Victoria Police), Independent Broad-based Anti-corruption Commission, Victoria Police investigation, intelligence and registry management system, Law Enforcement Assistance Program (a Victoria Police database), Victoria Police professional development and assessment plan, Professional Standards Command (Victoria Police), An offence referred to in Schedule 4 of the Victoria Police Act, Register of Complaints, Serious Incidents and Discipline (a Victoria Police database), Victorian Equal Opportunity and Human Rights Commission, a matter uncovered during an investigation not forming part of the complaint laid (such as a failure to complete an official document), requiring remedial action, the weight of available evidence does not support the account of events as described by the complainant, but is weighted in favour of the account given by the employee Unable to determine the available evidence does not permit the investigator to establish whether the complaint is true or not, the complaint is not proceeded with, due to the unwillingness of the complainant to supply information but is unwilling to withdraw the complaint, or there is some other reason for being unable to take the complaint further, a complainant having made a formal complaint, of their own volition makes a request that the complaint investigation cease, a query or complaint by a person that is subsequently found to be an action sanctioned by law, or a complaint lodged by a third party which is denied by the alleged victim who has no complaint to make, the available evidence clearly establishes that there are no grounds for the complaint whatsoever, the evidence clearly establishes that a particular employee is not involved in a complaint or is completely free from blame.