professional standards command victoria police

That officer had been admonished for improper behaviour while intoxicated 18 months earlier. Two files involved allegations that unsworn Victoria Police employees were using drugs. The role of the Sexual Offences and Family Violence Unit (SOFVU) is to investigate allegations that involve Victoria Police employees of: SOFVU has an embedded welfare unit dedicated to offering support and guidance to those impacted by these offences. 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. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. For instance, the NSW Police Force Complaint Handling Guidelines state that each finding will need to be determined on the balance of probabilities (civil standard of proof). 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. The Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. 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. At the conclusion of the matter, the investigator also searched for traffic offences in ROCSID, and identified eight traffic offence allegations that were relevant to the division over the previous three years. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. 48 VPMG, Complaint management and investigations, section 12.3. The following recommendations are made to Victoria Police to help improve the management of complaints investigated by PSC. The Personnel Services Bureau provides initial, ongoing and advanced training while recruiting and hiring the finest citizens in our community to serve as police officers. A report was made to police about an aggravated burglary. 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. 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 Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. Three files in the audit concerned issues arising from a personal relationship breakdown between two officers who had lived and worked in a regional area for more than two decades. IBACs audit of PSC investigations identified that investigators generally made contact with relevant parties as part of the investigation process. Once the investigator has answered those questions, form 1426 must be approved by the investigators supervisor who is required to develop a conflict management plan if needed. eight contained clear allegations of criminality not connected to duty involving identifiable police officers, suggesting a C3-3 classification would have been more appropriate. IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. 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. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. Evidence that was most frequently overlooked included drug and alcohol tests, LEAP checks, email or internet audits, CCTV footage and use of force forms. Other shorter delays were associated with internal communications, administrative issues (including loss of the file and protected disclosure assessment requirements), and the receipt of further evidence. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. While the majority of the DAUs work involves providing advice in relation to discipline briefs and assisting in the discipline charge process, the DAU also provides investigators with advice in relation to any disciplinary issues. However, on review, the Assistant Commissioner PSC downgraded the recommended discipline charge to workplace guidance on the basis that this is an arguable case of self-defence and I give the benefit of the doubt to [the subject officer]. Corporate and Regulatory Services. 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. It follows the Royal Commission into Family Violence, which recommended the Professional Standards Command review Victoria Police's policies and procedures relating to police employees and family . five complaints with minor shortcomings in the evidence considered. In October 2017 Victoria Police accepted these recommendations in principle. 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. The audit also considered whether any criminal or disciplinary briefs were attached to the file (regardless of whether charges were pursued). IBAC recommends that Victoria Police: 75 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. The Division employs 54 investigators (FTE). the second request was made two months after the first extension expired and four days after the subject officer was served with an admonishment notice. 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. In another, the Assistant Commissioner PSC determined that consultation was not required because the assaults on civilian victims only involved summary assaults while the police victim was unwilling to proceed with criminal charges even though the requirement to consult is predicated on reasonable belief that the offence has been committed, not reasonable belief that the charge will be successful at court. For instance, one file raised concerns about an officer driving under the influence of alcohol. Do the subject officers have complaint histories relevant to the current complaint? This included eight files which were never reclassified and therefore never notified to IBAC even though serious allegations were identified by investigators, including allegations characterised as drug use, assault and criminal association. 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. Auditors took the view that these two matters should have been reclassified as corruption (C3-4) and criminality not connected to duty (C3-3) complaints respectively. 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. The audit identified 34 complaints that involved at least one relevant civilian witness. 42 VPMG, Complaint management and investigations, section 12.2. Auditors considered that a further five complaints involved relatively minor shortcomings in the consideration of evidence. Two of the complaints considered in IBACs audit proceeded to discipline hearings. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. There is no reference to the likely success of criminal charges, the quality of the evidence, or the willingness of the victim to be involved. In those letters the subject officer was: Of the 24 files that did not contain evidence to indicate that a final outcome letter was sent to the subject officer: Timely complaint investigation and resolution is a key element of a fair and responsive complaint handling system. One allegation of secretion of weapons was determined as substantiated by the investigator. 30 Formal interim action totals more than eight because some subject officers had more than one type of interim action applied in relation to the file that was audited. Misconduct within Professional Standards Command . Complaint investigations are not an additional responsibility for officers attached to this unit (as they are for those investigating complaints in regions, departments and commands); rather, such work represents their core business. IBAC understands that Victoria Police is committed to simplifying the system of determinations as recommended in IBACs 2016 regional complaints audit. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. 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". According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. Were all relevant complainants contacted? twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. 26 VPMP, Complaints and discipline, 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. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. . This is to avoid actual or perceived conflicts of interest, as well as practical issues associated with investigators questioning or recommending sanctions against their peers or more senior officers. 17 Originally classified as work files, correspondence or management intervention files. 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. All of the 59 files audited failed to include some relevant material in the file or in ROCSID. an assault off-duty which should have given rise to consideration of the right to liberty and security of person (section 21 of the Charter), an assault in custody which should have given rise to consideration of the right to humane treatment when deprived of liberty (section 22).