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. Comment on action taken in relation to identified policy or procedural issues. Each file was examined against an audit tool to assess the adequacy of PSCs management of the complaint3 covering five broad areas: IBACs Assessment and Review area reviews selected Victoria Police complaints based on similar criteria. 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. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. 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. https://www.vic.gov.au/copyright.html, Disclaimer Notice: A Victoria police spokesperson declined to comment on the OPP's decision, or whether it would impact on the work of Sofvu. 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. twenty-two files involved extensions that were not approved by an officer of sufficient rank contrary to the VPMG requirements, seventeen files involved extensions that were made after the original due date or expiry of the preceding extension contrary to the VPMG requirements. A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. 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. While the Assistant Commissioner appears to have downgraded the recommended action of a discipline charge to admonishment notice, the admonishment notice served on the subject officer states that all of this behaviour is improper and conduct likely to diminish public confidence which is in breach of Victoria Police Act s125 (l) (j) & (h), suggesting that the subject officer had a case to answer at a discipline hearing. 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. In the subject officers statutory declaration, he nominated an unnamed person as the driver. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. A complaint was later made alleging the subject officer relayed that information to her partner. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. 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. Ethics and Professional Standards Officers - EPSOs are a network of inspectors that provides direct support to regions, commands and departments for the management of integrity files and professional ethical standards across the organisation. 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. While PSC reclassified the file on closure (837 days after the complaint was initiated), the matter was never notified to IBAC. One involved allegations of sexual harassment. 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 . In these matters it is assumed that the complainant is not personally aggrieved. 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. Reasons were recorded for not contacting relevant civilian witnesses in seven files. 51 Victoria Police 2015, Integrity Management Guide, paragraph 171. According to auditors, 25 files (42 per cent) did not appear to have appropriately considered evidence relevant to the investigation. ; File a Police Report Online. subject members of Victoria Police personnel (if multiple members are the subject of a complaint, it is preferable to interview all members simultaneously). That MOU is only concerned with offences that relate to section 227 of the Act, namely, summary offences involving unauthorised access to, use of or disclosure of police information.56 Victoria Police also advised that based on discussions with the DPP in 2016, the Assistant Commissioner PSC only consults where it is considered there is sufficient admissible evidence to inform a reasonable prospect of conviction. Recognising that PSC investigates the more serious complaints including allegations of serious misconduct and corruption, IBACs audit of a sample of investigations conducted by PSC in 2015/16 was undertaken to examine how Victoria Police handles these more serious complaint allegations. If yes: Does the letter clearly explain the results and details of the action to be taken (as per s 172 VPA)? overstated the number of allegations in ROCSID (two files). However, the value of the investigators analysis is questionable. 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). 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. This included: If Victoria Police concludes that an allegation cannot be proven based on the available information, but suspects that there may be some substance to the allegation, a valid determination (such as unable to determine) should be made. 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. Your Duties Will Include. The audit did not identify many matters where investigators had complaint histories relevant to the specific matter they were investigating. managing the Discipline Transformation Project which aims to streamline and simplify the complaint and discipline system to improve timeliness, proportionality and transparency whilst maintaining a remediation and victim focus. This process should ensure IBAC is notified of all work files. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. for intelligence purposes (15 allegations). The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). Those associations may not actually cause an investigator to be biased, however there is a risk that a failure to consider any real or perceived conflicts could compromise an investigation and undermine PSCs standing as an independent complaint investigation unit within Victoria Police. 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. 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. other matters by direction of the Assistant Commissioner PSC. As such, in all but the most exceptional circumstances (which should be documented), subject officers should be afforded an opportunity to respond to allegations, as a matter of procedural fairness. Count of subject officers contacted by investigators, Count of subject officers who resigned during investigation. While the investigation failed to discuss a prior assault in the subject officers complaint history, the investigator ultimately recommended disciplinary action. hitting a 16 year old in the head during arrest, and. not appearing to record a determination in the file, while ROCSID recorded determinations of substantiated or not finalised (two files). 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. 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. In the first matter, PSC investigated an allegation of assault involving two off-duty officers. In seven of these files, it was stated that contact was not required in relation to a work file. 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. results and any actions taken or proposed to be taken on completion of a complaint investigation. informal interim action in relation to 10 subject officers (10 files). The police also urged any witnesses to contact a helpline. CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. Issues were identified with the documentation included on all 59 files audited. Directory Home 3 A copy of the audit tool is included as an appendix to this report. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). Analysis of trends and patterns relies on complete and correct data. 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 .

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