unfounded was the most common determination on an allegation basis (18 per cent of allegations). The Victoria Police Act states that an unsworn employee can only be directed to undergo a DAT if the person works in a designated work unit or carries out a designated work function.59 RSD was not a designated area for testing. Were all relevant civilian witnesses contacted? 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. 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. 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. Seventeen initial extension requests that exceeded 30 days (ranging in length from 60 to 421 days) were not approved by a superintendent or higher. Directory Home Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. 62 VPMG, Complaint management and investigations, section 6.1. When contacted by the local CIU, the subject officer told detectives he did not know the victim well and had only met him for the second time when he visited the victim at his apartment for a drink (on one of the days that the party took place). On this basis, 12 files were considered to contain a formal investigation plan. IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. 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. All of which . The office is also the Victoria Police Public Interest Disclosure Co-ordinator. In doing so, these audits help build public confidence in the integrity of Victoria Polices processes and in IBACs independent police oversight role. 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. If not notified: Should IBAC have been notified? for intelligence purposes (15 allegations). Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. call to police communications in which he reports that he lost sight of the vehicle. The PSC investigator verified that the three incidents involved: As a result, one allegation of pervert the course of justice was recorded in ROCSID against each police officer in relation to their attempts to avoid the speeding fine and the breath test. Contact. In recommending discipline charges, the DAU officer noted that CCTV showed the intoxicated subject officer: The DAU concluded that the CCTV footage shows the amount of force used by [the subject officer] was disproportionate to any threat posed by [the other party] and [the subject officers] actions could have resulted in [the other party] sustaining serious head injuries. However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. This included two thorough investigations that resulted in discipline charges that were not fully reflected in ROCSID. 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. While the investigation was not able to positively identify the offender, auditors considered that the investigation was thorough and exhausted all available avenues of inquiry. 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. Accurate records are essential for accountability and data analysis. Of the 10 disputed work files: Two files remained work files even after criminal interviews had been conducted, at which point it is arguable that the allegations had crystallised sufficiently to warrant reclassification. 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. In one file audited by IBAC, the investigator identified this drug testing of specific work units as an organisational issue, noting that RSD is responsible for maintaining the security and integrity of all criminal records and warrant documentation, and that an employee with a substance abuse issue could be compromised, thus creating a significant security risk for Victoria Police. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. Of the 18 allegations that were effectively substantiated, workplace guidance was the most common action recommended (nine allegations) followed by admonishment (six allegations) and discipline hearing (four allegations). 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 relation to the file types considered in this audit, the VPM states that work file and corruption complaint investigations should be completed within 152 days of being lodged with PSC.64 The remainder of the files have a 90-day time frame.65 Those time frames may be extended in certain circumstances, which are set out in the VPM. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. A complaint alleged that a police officer was involved in two assaults that involved: A review of the subject officers complaint history indicated he received 11 complaints in the previous three and a half years, including the following matters in which: At the time of the audit, the subject officer had recently been promoted to sergeant and accrued a further assault allegation made by a treating counsellor in relation to an allegation made by another child of the subject officer. Issues identified with classification involved the use of: The C1-0 classification is officially a work file classification,13 which is used for allegations that require preliminary inquiry and assessment before a full investigation can be conducted.14 In the absence of further guidance to indicate what is required before a full investigation can be conducted, auditors took the view that there was no reason for a matter to remain a work file once clear allegations and subject officers could be identified.15. Comment on action taken in relation to identified human rights breaches. 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. 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. work files are reclassified, notified to IBAC and progress to a full investigation in a timely manner, occuring as soon as notifiable complaint allegations are identified (ie not upon closure of the matter). A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. However, most if not all PSC investigators have worked in other areas of Victoria Police. ROCSID categorises an officers involvement in a complaint in two ways: At present Victoria Police does not have a formal policy to determine when complaint histories should be considered. 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. Was all relevant documentation included in the file? Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. Auditors considered it reasonable to finalise one matter as a C1-0 file on the basis that preliminary enquires confirmed the complaint involved a case of mistaken identity. Were the relevant complaint histories discussed on the file in any way? 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. 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. However, the investigation concluded that given the subject officers previous admission, the original allegations were substantiated, with the action recorded as workplace guidance. Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. IBACs 2016 audit of complaint handling at the regional level found that: The 2016 report also noted that Victoria Police undertook a review in 2012 which recommended that the system of determinations should be simplified to two possible findings, namely case to answer and no case to answer, noting that the current system of determinations can cause confusion and anxiety among officers. This covers sexual harassment, gender and other forms of . 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. A good complaint handling process must be transparent. A couple of years after the first Europeans settled there, in September 1836 the area around Melbourne, known as the District of Port Phillip, became part of the colony of New South Wales . A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. This included: The audit did not identify any matters in which there were concerns that delays compromised the investigation. The VPM complaint management and investigations guidelines specify time frames within which complaint files must be completed. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. one file recommended that the complainant be notified in writing but did not attach a copy of correspondence to confirm that this occurred. A file that listed one allegation of manhandling but failed to list allegations of property damage and human rights breaches. It is not part of the statutory discipline regime and is an alternative to the formal discipline process. detailed plans that identified possible lines of inquiry, investigation strategies, resource requirements, persons of interest and risks (five files), very basic information entered into the Interpose planning tab for instance, one file did not identify any strategies or lines of inquiry beyond stating that it was an intelligence probe; another only identified one objective and one strategy (five files). Issues were identified with the documentation included on all 59 files audited. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. After reviewing CCTV footage of the incident, taking statements from the attending police and conducting a discipline interview with the subject officer, the PSC investigator recommended discipline charges. one work file that was reclassified as a corruption complaint (C3-4) on closure, but warranted classification as a complaint of criminality not connected to duty (C3-3), for allegations of drug possession and misuse of ammunition, two corruption complaints (C3-4) and one minor misconduct complaint (C2-1) that were reclassified as work files on closure on the basis they contained intel only. In that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. However, Victoria Police did not formally recommend action on any identified deficiency in Victoria Police premises, equipment, policies, practices or procedures as advised in the VPM complaint management and investigations guidelines.58 This is a missed opportunity to formally document, improve and address issues. Once allegations have been identified that warrant classifying the matter as a notifiable complaint, it is not clear why it would ever be appropriate to later reclassify the complaint as a work file. failure to take action in relation to intervention order breaches which should have given rise to consideration of the right to equality before the law (section 8). The audit examined five broad areas including the investigation process, timeliness of the investigations and outcomes. As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. The Professional Standards Division was established under the Victoria Police Act 2013: to advise the Chief Commissioner about competency standards, practice standards, educational courses and supervised training arrangements for police officers, protective services officers and police reservists. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 25 References to complaint history reports for subject officers relate to ROCSID report EHR01S, Full Employee History Report Complaints and Compliments. If yes: Did the supervisor identify the need for further work? Canberra City ACT 2601. This was also noted in IBACs 2016 audit of how Victoria Police handles complaints at the regional level. At present, when a determination of substantiated is reached, the investigator will recommend action which could range from criminal charges to workplace guidance. It is not clear why PSC closed the file without investigating the extent of the association. Comment on action taken in relation to identified policy or procedural issues. In that matter the complainant sought compensation for property damage during the execution of a search warrant, and alleged that female occupants were not allowed to cover up at the time of entry, in accordance with their religious beliefs. Contact Us. 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. This prompted the taxi driver to call 000 and the occupants of a passing car to stop to offer assistance. Five IBAC officers undertook the auditing process. Complaints can help to highlight issues the organisation is not aware of and point to opportunities for early intervention before a matter escalates. Did the complaint give rise to any risks that warranted immediate action? Of the 19 allegations that were substantiated (including the one determination of not finalised), workplace guidance was the most common recommended action, followed by admonishment and discipline hearing. PSC retains the most serious and complex matters for investigation. This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. However, only 20 per cent of the files audited contained a formal investigation plan. Ideally, Victoria Police should consult with the OPP early in the process. Controls were put in place to maximise consistency in the audit process. In two files the investigator only contacted some of the relevant complainants. However, it is considered the decision not to consult in case study 23 on the basis that the then Assistant Commissioner considered there was insufficient evidence to support a conviction, defeats the purpose of section 127(2). Auditors identified issues with the information recorded in ROCSID in relation to 19 files. Attempted to int[ercept] solo lost sight of same whilst requesting assist. Tel (national information service): 1300 656 419 (Monday to Friday, 10 am to 1.30 pm) Web: https://humanrights.gov.au. 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. 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. 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. The eight files that took more than 20 days to classify included one file that was recorded as taking 233 days to classify. This checklist is completed by the unit manager on closure. This was reflected in ROCSID as one allegation of Malfeasance Receiving/handling Stolen property. Effective communication with relevant parties is an essential part of any investigation. The audit did not identify any matters where investigators did not contact relevant complainants and failed to note the reasons. The matters included allegations of drug use and trafficking, attempts to pervert the course of justice, assaults and possession of unlicensed firearms. a prior complaint mentioned in a discipline hearing was not included on the subject officers complaint history, even though it resulted in an admonishment notice. 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. Were all relevant complainants contacted? 67 VPMG, Complaint management and investigations, section 6.6. Did timing of reclassification adversely affect notification and/or investigation? Complainants and members of the public who are directly involved in an incident must be informed of the progress and key stages in an investigation.
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