Complete and accurate data is essential to proactive identification of emerging patterns or issues, as highlighted in this case study. 12 Forty-six allegations (39 per cent) were characterised as malfeasance (including drug offences, criminal associations and pervert the course of justice allegations), 31 allegations (26 per cent) were characterised as assault (including serious and minor assaults) and 14 allegations (11 per cent) were characterised as duty failure. This process should ensure IBAC is notified of all work files. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. 63 VPMG, Complaint management and investigations, section 6.2. 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. Auditors were unable to locate formal written advice outlining the DAUs assessment on four of the 11 files. If workplace guidance or admon this arguably jumps the need for consult. Do the actions in ROCSID reflect those in the final report and final letters? 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. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. 18 Originally classified as minor misconduct, criminality or corruption. High quality education and training qualifications and programs. 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. 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. a department head (generally an Assistant Commissioner) for subsequent extensions. However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. 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. Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). IBAC acknowledges that Victoria Police has initiated changes to improve its complaint handling processes. History Background. In the following matters (previously discussed in case studies 22 and 23) IBAC auditors considered that PSC could have done more to support the police victims and promote a culture of integrity. What reasons were noted for extensions sought? Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. 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). This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. 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. Victoria Police has accepted all of the recommendations made in both these reports. recognise that a victim can and should be protected under the Victoria Police Act if detrimental action results, rather than suggesting it is in the public interest not to pursue a matter to avoid the possibility of detrimental action. More allegations were substantiated in this audit compared with IBACs 2016 audit. The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). IBAC also undertakes a range of other independent oversight activities. 17 Originally classified as work files, correspondence or management intervention files. Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). Learn about how our Professional Standards Command are working to enhance and promote a culture of high ethical standards across the organisation and improve community trust in Victoria Police. to support and promote the continuing education and professional development of police officers, protective services officers and police reservists. 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. 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. Two of the complaints considered in IBACs audit proceeded to discipline hearings. The VPM complaint management and investigations guidelines states: It is a requirement of the Victims Charter Act that complainants and members of the public who are directly involved in an incident are: The last point reflects the requirements of section 172 of the Victoria Police Act, which states that the Chief Commissioner must in writing advise the complainant of the results of the investigation and the action taken or proposed to be taken unless it would be contrary to the public interest. Workplace guidance was provided in relation to five files (nine allegations). Identify and report on risk across multiple data sets. In response to concerns raised by IBAC, Victoria Police has taken a number of steps to improve its management of conflict of interest issues in complaint investigations, including the introduction of a revised conflict of interest form and requiring all Assistant Commissioners and Department Heads to lead a discussion with leadership teams in relation to addressing conflicts of interest in complaint investigations. 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). Direct comparisons cannot be made based on the samples drawn for IBACs regional audit and PSC audit. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . 66 This matter was ultimately classified as a work file. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. The audit identified areas for improvement across the areas examined in the audit, which have informed this reports key findings and recommendations. PSCs enquiries included interviews with two complainants and three civilian witnesses, execution of a search warrant on the subject officers home, seizure of mobile phones and analysis of call charge records, a targeted drug test and a criminal interview of the subject officer. Comment on contact with civilian witnesses, Comment on identification of police witnesses, Count of police witnesses contacted by investigators. This represents three per cent of all files in the audit and 33 per cent of the 12 files that resulted in at least one substantiated determination. That form contains four key questions that prompt the investigator to consider whether they currently or previously worked, socialised, trained or worked at the same location as any of the identified people in the investigation. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. Auditors did not consider this appropriate. 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. 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. 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. Was the extension approved in accordance with the VPMG? 29 Victoria Police Act ss 126, 127 and 135. 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. 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. The PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. Comment on consideration of subject officers relevant complaint histories. 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. Start your journey with us and apply today! 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 complaint was later made alleging the subject officer relayed that information to her partner. eight files did not contain any notes to indicate why the complainant was not advised of the outcome, two files contained notes that suggested the complainant did not want any further involvement in the matter, one file noted that the complainant was kept up to date and advised of the outcome through regular meetings. Comment on reasons for and/or length of extension. Given the pivotal role of DAU advice in determining the action that will be taken in relation to a subject officer, details of the request and advice provided should be clearly documented and attached to each file. providing investigators with guidance and training on the Victorian Charter of Human Rights to assist in identifying human rights that have been engaged by a complaint or incident. Potential precedent setting decision with medium risk'. Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. However, IBACs audit of complaints investigated by PSC also identified eight files that raised concerns about the way Victoria Police views complaints and its treatment of officers who make complaints about their colleagues. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). 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). 64 C1-0 work files and C3-4 corruption complaints. Dear Chief Commissioner, On Wednesday, 17 October 2012 I wrote Victoria's then Chief Commissioner of Police Ken Lay QPM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called "The AWU Workplace Reform Association Inc". Was advice sought from the DAU or the OPP? fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. a decision not to involve the children of a subject officer (one file). PSC retains the most serious and complex matters for investigation. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. 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. It is understood Victoria Police is committed to a significant simplification of determinations. The review aligns with broader Victoria Police priorities of victim safety, offence and offender management, child safety and ensuring a safe, capable workforce. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. the obligation to address human rights issues stated in a complaint, or as discovered in the course of an investigation, the obligation to the complainant and the subject member. Despite allegations that the police officer attempted to pervert the course of justice and was associating with criminals, no allegations were listed in the investigation report, which stated that the work file involved an intelligence probe only. While in custody at a New South Wales police station, a complainant alleged that a named Victoria Police officer made threats to kill, used drugs and attempted to pervert the course of justice. 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. The following case studies involved similar fact matters which were handled differently in relation to section 127(2). In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. . The audit identified 28 complaints that involved at least one relevant police witness. Only a small proportion of complaints those involving allegations of serious misconduct or corruption are investigated by PSC. PSC also obtained details of the subject officers online advertisement and statements from the two people who responded to the advertisement, including the purchaser, who picked the motorbike up the day after the speeding ticket. 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. 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. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. nine complaints were investigated by an officer of the same rank as some of the subject officers they were investigating. 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. Corporate and Regulatory Services. The VPMG allow extensions in certain circumstances. Case study 12 is an example of a matter where an investigators request for a DAT was declined for reasons that auditors did not consider appropriate. 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. Risks arising out of complaints were generally well identified and the audit considered that investigators took reasonable steps to apply formal or informal interim action where appropriate. This is equally true of PSC investigators. resignation or termination of the subject officers employment before the complaint could be investigated (three files). complaints and disclosures about police misconduct and .
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