professional standards command victoria police professional standards command victoria police

According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. In a matter that involved a total extension period of 534 days: the first extension request was made two months after the initial 152-day time frame expired for a C3-4, the second request was made six months after the first extension expired. Comment on consideration of subject officers relevant complaint histories. 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. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. Has any action been taken to progress recommendations in relation to issues identified? Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . only discussed human rights insofar as they related to the conduct of the complaint investigation process and the rights of the subject officer (three files). 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. 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. The audit identified 28 complaints that involved at least one relevant police witness. 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 comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. 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. However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. A complaints form can be completed online. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. 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. 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. A complaint alleged that a police officer was involved in two assaults that involved: A review of the subject officers complaint history indicated he received 11 complaints in the previous three and a half years, including the following matters in which: At the time of the audit, the subject officer had recently been promoted to sergeant and accrued a further assault allegation made by a treating counsellor in relation to an allegation made by another child of the subject officer. 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. overstated the number of allegations in ROCSID (two files). This issue is discussed further in section 3.3.3.3. 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. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. Those photos were presented to the complainant who identified one picture, noting that he looks similar to the person that came around. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. 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. What evidence was or should have been considered? IBACs audits also identify good practice that could be considered more broadly by Victoria Police. resignation or termination of the subject officers employment before the complaint could be investigated (three files). The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. 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. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. In April 2018 IBAC finalised the recommendations in this report following further consultations. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Does the audit officer agree that this period of extension/suspension was approved? Figure 6 summarises the determinations reached in the 59 files audited. 42 VPMG, Complaint management and investigations, section 12.2. 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. listed a determination (such as unable to determine) or other comments (such as no file) as the recommended action in ROCSID (six files). Reasons were recorded for not contacting relevant civilian witnesses in seven files. formal interim action in relation to eight subject officers (six files). Formal complaint investigation plans are important for transparency, to document what investigators intended to do and explain any changes in the approach to the investigation. Of the five complaints in which a targeted DAT was approved, none returned a positive result. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. 70 VPMG, Complaint management and investigations, section 6.7. Identifiable subject officers were identified in 46 of the 59 files audited (78 per cent). allegations of serious criminality involving Victoria Police employees, allegations of serious corruption involving Victoria Police employees, issues posing a significant reputational risk to Victoria Police, oversight of deaths and serious injury to persons directly resulting from police-related incidents; including police custody, police operations, pursuits and critical incidents, allegations relating to serious breaches of Victoria Police discipline. Broader issues relating to other complaint classifications have been highlighted in IBACs 2016 Audit of Victoria Police complaints handling systems at regional level and were not considered to warrant further examination in relation to PSC at this time. However, the earlier matter was not discussed in the file. An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. This will ensure that subject officers and complainants can have confidence that similar fact matters will be handled consistently. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. Ethical conduct standards which comprise shared values and expectations of the profession. This is illustrated in case studies 27 and 28. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. 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. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. This helps us to meet our goal of maintaining community respect and confidence in Victoria Police. This means that the finder of the facts must be reasonably satisfied that something is more likely than not to have happened.43. The unit is a part of professional standards command, the Victoria . It is understood that this review should address some of the issues identified in this audit. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. https://www.vic.gov.au/copyright.html, Disclaimer Notice: While it is possible that investigation plans were prepared but saved elsewhere by the investigator, plans should be saved in Interpose or placed on the file and reviewed regularly. 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. complainant failed to make or return contact with the investigator, ten files that noted reasons for delays which included liaison with police in other jurisdictions, time taken to consider reparations for the complainant, complexity of the file including subsequent counter complaints, geographical distance, pending legal proceedings or advice from the OPP and competing work pressures, three files that did not note the reasons for delays, all of which involved delays of only a few days or weeks. Two of the complaints considered in IBACs audit proceeded to discipline hearings. The Division employs 54 investigators (FTE). 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. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. IBAC continues to liaise with Victoria Police on this issue, emphasising the important role rigorous conflict of interest processes play in demonstrating impartiality in complaint investigations. Auditors disagreed with the action recommended in nine files (15 per cent). The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. These guidelines state that subject officers should generally be advised of the outcome and action taken in relation to an investigation, unless the file is classified as a work file or a corruption complaint (C1-0 or C3-4) or where the provision of that advice could jeopardise the investigation or future investigations.35. Rather, the sample of 59 files includes all available C1-0 and C3-4 files and at least 10 per cent of the available C3-3, C3-2 and C2-1 files closed by PSC between 1 July 2015 and 30 June 2016 (selected on the basis that those files contained an assault allegation). The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. 17 Originally classified as work files, correspondence or management intervention files. Of the 46 files that formally identified at least one subject officer in ROCSID, 19 files (41 per cent) contained copies of the subject officers complaint histories, including 14 files that discussed those histories in some way. However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. While appearing to conclude that the complaint could be substantiated on the balance of probabilities, the allegation was recorded as unable to determine. The file was ultimately closed as a work file with a determination of for intelligence purposes in ROCSID in relation to one allegation of malfeasance criminal association. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. 7 Victoria Police Act 2013, s 170(1) and (3). 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 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. 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. Numerous phone calls were made between the victim and the subject officer (the senior constable) following the burglary. In these matters it is assumed that the complainant is not personally aggrieved. Reviews from Salt River Police Department employees about Salt River Police Department culture, salaries, benefits, work-life balance, management, . IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. In the fourth matter, officers involved in the primary allegation of assault were interviewed criminally, which resulted in findings of not substantiated; however, their senior officers were subsequently subject to disciplinary interviews about their roles supervising the incident in question. The OPP agreed and the matter proceeded to discipline hearing. An anonymous complaint raised three allegations involving officers from a particular division, adding that senior management repeatedly failed to act. In March 2018 IBAC published an Audit of Victoria Polices oversight of serious incidents. Were all relevant subject officers contacted? The audit considered that 17 files involved at least one subject officer whose complaint history was relevant to the current investigation. 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. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. 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. Professional Standards Command. The audit scope included all files classified as work files (C1-0) or corruption complaints (C3-4) as well as any other files that included an allegation of assault investigated and closed by PSC during the 2015/16 financial year. to support and promote the continuing education and professional development of police officers, protective services officers and police reservists. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. 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. 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. Comment on differences between determinations in the final report, the final letters and ROCSID. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. work file (C1-0) or correspondence (C1-6) classifications for matters that raised clear allegations involving an identifiable subject officer from the outset (11 files). Five IBAC officers undertook the auditing process. This included one file that involved five extension requests totalling 425 days. unfounded was the most common determination on an allegation basis (18 per cent of allegations). In total, 12 subject officers were criminally interviewed. 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). Was the investigation competed within the time frames set out in the VPMG? By changing the allegation from one of concealment to one of failing to account, the supervisor effectively shifted the focus from the location of the items, which could be substantiated (given that the items were in fact hidden in the ceiling cavity), to one of responsibility for property, which could not be substantiated (given that the investigation was not able to determine who was responsible for those items). 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. fourteen per cent of files contained determinations that were not considered appropriate by auditors, including instances where material on the file appeared to substantiate an allegation, yet a determination of substantiated was not made. Professional Standards Operations Monitoring Centre. 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). IBAC has made recommendations for Victoria Police to improve the way in which PSC investigates complaints. 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. This is equally true of PSC investigators. Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. 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. 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. However, auditors also considered that the nature of the allegations (which are recorded in ROCSID) were clarified in a further 14 work files that were not reclassified. 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. four complaints where the primary complainant was another agency (such as interstate police or other Victorian agency). In 32 files (54 per cent), the primary complainant was external to Victoria Police. Articulated standards, including entry capabilities for each rank and for education and training. 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. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. Accurate records are essential for accountability and data analysis. Auditors disagreed with 10 of the 27 files originally classified as work files in the sample (37 per cent) on the basis that the complaint contained clear allegations involving identifiable police officers. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. 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 issue was first raised by Victoria Police employees and was promptly referred to . The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). That report made recommendations in relation to Victoria Police complaint handling processes. The department 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. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. Reasons for decisions are easier to explain when all the details are maintained on file. These matters suggest Victoria Police is adopting a serious approach to dealing with allegations of sexual harassment and sexual assault, and is sending a clear message to both victims and offenders that Victoria Police will not tolerate such conduct. For example, in one matter where a criminal association was alleged, the investigator only considered seven days of call charge records before concluding that there was no contact between the subject officer and the alleged associate. . Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. 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. Bandit Captain Monster D&D 5e (5th Edition) June 21, 2020 June 21, in an addition to the managing a crew of the selfish malcontents and the pirate captain is the variation of a bandit captain and with a ship to protect and also command. An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit. Of the 26 files in which a contactable complainant was identified, 10 contained documents that indicated complainants were updated during the investigation and 12 contained documents that indicated a final outcome letter was sent. The decision to allocate a matter to PSCs Investigations Division is guided by the Professional Standards Command Accountability and Resource Model (PSC ARM).9 Under the PSC ARM the Category 1 matters for which PSC has primacy are identified as: Relevant Victoria Police policies and procedures are outlined in this report in relation to specific issues considered as part of IBACs audit. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). Seventeen warranted preliminary inquiries.