The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member Contact Details . ; File a Police Report Online. 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. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. Formal interim action recorded in ROCSID included: Interim action was not taken by Victoria Police in relation to identified risks in one matter involving allegations of sexual harassment because the subject officer was already suspended with pay for a separate complaint. 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. IBAC considers it unlikely that the words reasonably believes were intended to require that Victoria Police have sufficient evidence to secure a conviction. In another matter, the Assistant Commissioner PSC appears to have authorised non-disciplinary action, namely workplace guidance in a matter involving a Schedule 4 offence. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). 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. The application was supported by his acting superintendent but rejected by the PSC Tasking and Coordination Committee. However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. PSC retains the most serious and complex matters for investigation. An anonymous Facebook post, which alleged drug use by a named officer, took more than four months to be notified to PSC. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. The 62-year-old Staffieri was interviewed by officers from Professional Standards Command on April 26 over a post he made to senior project officer Bonnie Loft, who works with Gender Equality and . A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. It is not clear from the file whether this recommendation was actioned by Victoria Police. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. Is the final letter to complainants attached to the file? Overall: The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files audited was comparable to the overall substantiation rate of 16 per cent for Tasmania Police and 17 per cent for NSW Police (on an allegation basis),46 and double the nine per cent substantiation rate (on a file basis) in the 2016 regional audit. You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . Unlike complaint investigators in regions and departments, all PSC investigators have direct access to ROCSID, allowing them to check histories directly. While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. . The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. 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. This included files that contained: Interpose also has the capacity to log avenues of enquiry pursued by an investigator (such as contact made with subject officers, complainants and witnesses). The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. In the first matter, the acting Assistant Commissioner PSC followed the investigators recommendation and consulted the OPP, noting he believed the matter should proceed by way of discipline hearing given the victims reluctance to give evidence at any criminal hearing in relation to the matter, which would reduce the likelihood of a conviction. In addition to auditing how Victoria Police handles complaints, IBAC's independent oversight of Victoria Police also includes reviews of selected matters investigated by Victoria Police, to highlight any concerns at the individual as well as the system-wide level. 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. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. In comparison, the NSW Police Force Complaint Handling Guidelines state: Regardless of the wishes of the complainant or victim, the determination in relation to the investigative approach to be taken in response to a complaint should be made on the information available. While a hair sample was taken within a fortnight of notification, the time lapse between detection and testing may have impeded the accuracy of the test. Canberra City ACT 2601. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. Misconduct within Professional Standards Command . For information on reporting options and support available for victim survivors, visit our Reporting family violence or sexual offence perpetrated by a Victoria Police employeepage. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. PSC has advised that while there are no guidelines governing the completion of the checklist, the template is being reviewed following IBACs regional audit and PSC considers that there has been constant improvement in relation to quality control. . pursue available lines of inquiry to identify relevant subject officers in matters where no subject officers were listed in the investigation or ROCSID (five files). IBAC acknowledges that Victoria Police is undertaking a comprehensive review of the current drug testing regime and has identified the need to review high risk areas within designated workplaces.60. 3 A copy of the audit tool is included as an appendix to this report. IBACs 2016 audit of Victoria Polices complaint handling at the regional level found that where action was recommended, it usually took the form of management intervention. informal interim action in relation to 10 subject officers (10 files). While this matter indicates that the investigators were aware of the need to involve a more senior officer, the fact that the senior officer was still only of equal rank as the subject officer suggests it may be difficult to engage suitably senior investigators when subject officers are highly ranked. A file note of the Assistant Commissioner PSCs decision indicates he was satisfied that the subject officer asked not to be breath tested and told junior officers there goes my job. GPO Box 913 Melbourne VIC 3001. That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. People Development Command: PSC: Professional Standards Command: VPS: Victorian Public Service: WoVG: Whole of Victorian Government: The next step. 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. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. Two of the five complaints that did not record reasons for the lack of contact contained notes suggesting the investigator intended to contact the subject officer, but there was no indication in the final report that such contact had been made or an explanation why the proposed action was not pursued. 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). Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. Small aircraft crash reported on Salt River Pima. 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). 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. service of a show cause notice as to why the officer should remain employed by Victoria Police, drug testing (without any formal interview or statement). 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. The following case studies describe three separate incidents in which targeted drug and alcohol tests were conducted. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. there is sufficient evidence to charge the complainant with making a false report to police. Twenty-two were classified as work files or corruption complaints (C1-0 or C3-4) on closure which according to the VPMG means outcome advice to the subject officer is not required. An admonishment notice was issued in relation to three files (six allegations). All complaints involving Victoria Police officers are assessed by PSC and classified according to the type and seriousness of allegations made. 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. did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). 61 Victoria Police 2015, Integrity Management Guide, paragraphs 204 and 205. In the final report, the investigator noted that unauthorised disclosure of police information is a Schedule 4 offence which would require consultation with the OPP to proceed by way of discipline notice, however if the AC PSC determines that the matter be appropriately dealt with by means of admonishment or workplace guidance, consultation with the OPP is not required. twelve files involved extensions for reasons that were questionable. This represents five per cent of all files in the audit and 25 per cent of the 12 files that resulted in at least one substantiated determination. 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. It also stated that with the creation of Taskforce Salus, the publishing of the VEOHRC Review [into sex discrimination and sexual harassment in Victoria Police] and the establishment of the VEOHRC Review Engagement Team, Victoria Police has made significant advances in its approach to preventing and responding to issues of sexually inappropriate behaviour. If no: Reason for disagreeing with reclassification. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . While 51 of the complaint investigations audited by IBAC (86 per cent) were managed on Interpose and contained activity log details, auditors were only able to identify a formal investigation plan on 12 files (20 per cent). However, issues were identified in three cases, potentially undermining the value of those tests as suggested in case studies 13, 14 and 15. The investigators supervisor disagreed, expressing concern with the precedent it would set. behaving disgracefully or improperly whether on or off duty. the need to address additional allegations (three files), lines of enquiry or further evidence that should be pursued/obtained (five files). Conflicts of interest were generally poorly addressed. The unit is a part of professional standards command, the Victoria . Comment on initial contact with complainant, Comment on identification of civilian witnesses, Count of civilian witnesses contacted by investigators. The total number of identifiable subject officers was 56. 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. formal interim action in relation to eight subject officers (six files). In 56 of the 59 files (95 per cent) auditors could not find any evidence that the investigator had considered conflict of interest issues at any time during the investigation. This is not the case. The audit identified 28 complaints that involved at least one relevant police witness. 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. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures.