Professional Standards Command | Contacts & Services Directory If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? 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. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. Auditors agreed that preliminary enquiries were warranted to clarify the allegations in relation to 17 complaints that were initially classified as work files. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . 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. That report made recommendations in relation to Victoria Police complaint handling processes. 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. Professional Standards Command. If yes: Did the supervisor identify the need for further work? Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. The elements of professionalisation which underpin PRSB strategic direction and projects are: A body of policing knowledge which members contribute to and engage with through continuing professional development, sharing knowledge, techniques and research. unfounded was the most common determination on an allegation basis (18 per cent of allegations). Officers who are either witnesses to suspected misconduct or corruption, or the victims of such conduct, must be supported to make complaints about their colleagues. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. Unless your complaint is anonymous, an investigator will follow up with you or someone you have nominated on your behalf. To date, identified opportunities for improvement have included increased random drug testing as part of PSC investigations, and the centralised coordination of all targeted drug testing. If no contact but reasons given: What reason was given? This covers sexual harassment, gender and other forms of . Professional Standards Command - Capability | Victorian Government If IBAC is not notified of complaints, this has the potential to limit IBACs capacity to oversight PSC files, monitor trends in complaints against police and identify Victoria Police officers attracting disproportionately high numbers of complaints. Two files involved allegations that unsworn Victoria Police employees were using drugs. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. The other file involved a conflict of interest at the point of issuing workplace guidance: the subject officers senior sergeant noted he was present at one incident discussed in the complaint and therefore requested that another officer provide the subject officer with workplace guidance. 35 VPMG, Complaint management and investigations, section 6.2. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. PSS members respond to public complaints and other concerns about the actions of individual VicPD members. Were interviews with subject officers conducted at the end of the investigation? The OPP agreed and the matter proceeded to discipline hearing. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. The investigator could have, but did not review: The complaint was closed with a determination of not proceeded with when the complainant failed to attend a pre-arranged meeting with the PSC investigator and a DHHS representative. The audit identified 28 complaints that involved at least one relevant police witness. twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. 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. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. given clear, timely and consistent information about their rights and entitlements, referred to victim or legal support services, treated with courtesy, respect and dignity, informed of the progress of the investigation, unless the disclosure may jeopardise the investigation or the person requests not to be informed, informed of any key stages in the investigation such as the charging of an offender, bail proceedings, outcomes of any court proceedings, appeals or discipline proceedings. While one file may have recorded a determination of not finalised in error, 13 work files recorded a determination of for intelligence purposes, suggesting this is not a one-off administrative error. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. On the two days of the party, the subject officer was on rest days. suspension with and without pay in relation to four subject officers, revocation of an officers ROCSID access in response to an allegation of inappropriately accessing and releasing information about complaints, liaison with mental health services about a complainants welfare before seeking a formal statement to progress a complaint. 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. According to the complaint, as Officer A got out of a taxi, Officer B got in and flashed his badge to the driver, stating that he had money to pay the fare when the taxi driver told him the fare was pre-pay only. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. This checklist is completed by the unit manager on closure. This includes working to deter and investigate employees involved in criminality or misconduct. Describe the charges laid (or recommended by the investigator, DAU or OPP if not pursued), Outcome of disciplinary and/or criminal proceedings (or details of how decision was reached if charges were not pursued). 67 VPMG, Complaint management and investigations, section 6.6. As well as being contrary to procedure, this lack of documentation made it difficult for auditors to assess whether extensions were justified, whether they had been approved by the appropriate officer and the length of extension that was granted. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. PSC is the central area within Victoria Police responsible for the organisations ethical health and integrity. Auditors queried the determinations made by PSC in 14 files (24 per cent) which recorded determinations that are not listed in the VPMG. 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. An anonymous complaint alleged that an off-duty officer avoided a speeding ticket (for travelling at 114 km per hour in a 60 zone) by providing a false story. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. The Professional Standards Bureau contains a variety specialized units. 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. The IMG states that documents should be attached chronologically from the back of the file, and should include final and interim reports, investigation plans, statements, medical reports and other relevant evidence.74. Overall, 56 per cent of files (72 per cent of allegations) resulted in no action,52 while a further 24 per cent of files (12 per cent of allegations) resulted in the matter being filed as intelligence.53. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. mentioned human rights in some way but failed to identify human rights issues relevant to the file (14 files), failed to address human rights issues at all, including human rights issues relevant to the file (three files). 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). twenty-seven files that identified at least one subject officer but failed to attach the subject officers complaint histories, fifty-six files that did not attach a conflict of interest form or contain any other documents to indicate that conflicts of interest were otherwise considered, forty-seven files that did not contain a formal investigation plan, including two matters that involved the preparation of criminal or disciplinary briefs, nine of 11 files where advice was sought from the DAU but that advice was not attached, twelve files that identified a contactable complainant but did not attach a copy of the outcome letter sent to the complainant as required by section 172 of the Victoria Police Act. The police also urged any witnesses to contact a helpline. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. However, those that are clearly stated in a complaint or identified by the investigator from the outset, should be accurately listed and characterised to make sure they are investigated appropriately. Contact. Complaints provide an important opportunity to identify problems of a systemic nature. 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. 48 VPMG, Complaint management and investigations, section 12.3. Do the subject officers have complaint histories relevant to the current complaint? 7 Victoria Police Act 2013, s 170(1) and (3). Matthew Bui on LinkedIn: After 16 fantastic years as a frontline Read the Guide to Registration Application and Assessment, Read the Guide to Transfer and Promotion Appeals, Learn about the Community of Practice for Ethics Education, Department of Justice & Regulation Victoria. Comment on reasons for and/or length of extension. On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. The audit identified only one file where the investigators complaint history suggested a pattern of issues relevant to the file they were investigating. 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. This should include the results and the action taken or proposed to be taken at the completion of the investigation as directed under the Victims Charter Act 2006. 54 The two files that resulted in workplace guidance without consulting the DAU involved the formal recording of workplace guidance that had occurred four years prior and action that was changed at the request of IBAC. Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. 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). rosters to confirm who was working at the time of the incident. 49 Section 127(2) of the Victoria Police Act states If the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4, the Chief Commissioner or authorised person must not charge the officer with the commission of a breach of discipline until the Chief Commissioner or authorised person has consulted the Director of Public Prosecutions. A number of officers were intoxicated and got into an argument with civilians on the dance floor. Professional Standards Command - Victoria Police 3y The audit identified seven complaints (12 per cent) in which a supervisor noted that further consideration was required in relation to: In an additional three complaints, senior officers noted the need to provide advice to relevant parties, including the complainant, other work units or other agencies. A total of seven allegations were listed on the file including assault (serious) striking fist, malfeasance threats to kill and multiple allegations of malfeasance pervert justice interference in investigation. The audit aimed to assess how the most serious complaints are handled by PSC. 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. the minimum level of professionalism required by both members, the impact of their personal lives upon other members working at the station, consequences of any identified breaches of discipline or legislation (ie workplace bullying), welfare and counselling services available, negotiation by consent for a short-term transfer to neighbouring stations to mitigate any ongoing workplace tension, relevant PDA entries for both parties outlining the minimum professional standards required from sworn members both on and off duty without reference to their personal circumstance linked to a performance discussion. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. That complaint (discussed in case study 5) was one of the four work files reclassified by PSC all of which were reclassified as complaints of corruption (C3-4) or criminaltiy not connected to duty (C3-3) involving allegations of a serious nature. In two of those files, specific officers were mentioned (without noting that they could be witnesses), while the third file noted that the incident occurred at a police function where attendees could have been identified, but were not. Victorian Man In Induced Coma After Police Officer Appears To Stomp On the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. 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. Victoria Police provides policing services to the Victorian community across 54 Police Service Areas (PSAs), within 21 divisions and four regions - North West Metro, Southern Metro, Eastern and Western. 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 did not consider this appropriate. IBACs role includes: The Victoria Police Act 2013 provides a legislative regime in relation to complaints about police.4 Under the Victoria Police Act, Victoria Police is required to: After IBAC receives a complaint investigation report from Victoria Police, IBAC may also request that the Chief Commissioner take action that IBAC considers appropriate. 29 Victoria Police Act ss 126, 127 and 135. 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. No complaint was recorded in ROCSID. Did the complaint give rise to any risks that warranted immediate action? The extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. 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. This audit reiterates the importance of timely and appropriate drug testing. 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). Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). Number of employees at Salt River Pima-Maricopa Police in year 2017 was 103. Interpose allows supervisors to make better use of investigation plans and actively scrutinise the progress of an investigation. 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. While both resulted in workplace guidance for other substantiated allegations, as a matter of procedural fairness, a subject officer should be advised of all substantiated findings to allow them the opportunity to respond. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. 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 full employee history report complaints and compliments (complaint history report), including 14 files that also discussed those histories in some way.25 A further 12 files discussed subject officers complaint histories but did not attach a copy. An altercation then ensued, with Officer B attacking Officer A. a complaint about the misconduct of a police officer or protective services officer (PSO) as soon as practicable after a complaint is made, an investigation as soon as practicable after commencing an investigation into any alleged misconduct by a police officer or PSO, a proposed attempt to resolve a complaint by conciliation, the results of any attempts to resolve a complaint by conciliation, progress of an investigation, as often as requested by IBAC. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. (ABC News: Kathy Lord) Two police officers have been suspended with pay, and one will be charged with drug . 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. Attempted to int[ercept] solo lost sight of same whilst requesting assist. Mandate. This process should ensure IBAC is notified of all work files. Local management made enquiries with the victims (who all confirmed the inappropriate behaviour but declined to make a formal complaint or provide statements) and the subject officer (who made admissions). Issues identified in relation to ROCSID records included: Auditors were able to identify associated Interpose records for 51 files (86 per cent). Although these should have been included, they were not likely to alter the determination. 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. 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. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. Was a formal investigation plan prepared from the outset? Two of the complaints considered in IBACs audit proceeded to discipline hearings. . For information about related policies, download the free Family Violence involving Victoria Police employees section of the Victoria Police Manual: For full access to the manual, visit our Procedures and legislation page. Victoria police: Christian officer faces disciplinary action after 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). State Police Minister Lisa Neville said body-camera footage of the arrest would be reviewed by Victoria Police' Professional Standards Command, which oversees the conduct of the state's police . The Chief Commissioner can either take the action requested or explain why that action is not being taken.8. Longships are vessels that depend on a rowing crew and sails to go throughout the sea. 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, . However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. 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. Although the young person did not know the names of the officers involved, he noted that the officer who interviewed him was involved in the assault. Comment on consideration of subject officers relevant complaint histories. approached people nominated by the complainant as having possible knowledge of the offence, including a former landlord and a friend, who were unable to assist. The audit identified 34 complaints that involved at least one relevant civilian witness. Ph: (02) 5127 2020. PSC is comprised of the following five divisions: Conduct and Professional Standards Division is the 'front door' for PSC and consists of three units: For further information about making a complaint, visit our complaints page. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. 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. a decision to file the matter as intelligence using the work file classification (seven files), interviews having already been conducted by other (non-PSC) police (four files). This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. 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. This matter is discussed in case study 24. On this basis, 12 files were considered to contain a formal investigation plan. Unlike regional investigators, PSC investigators have direct access to ROCSID and can enter details of the allegations directly into ROCSID. Taking into account approved extensions, the audit identified 15 files that were delayed. 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. The unit is a part of professional standards command, the Victoria . 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.