professional standards command victoria police

IBAC auditors were not able to locate formal written advice on four of the 11 files that contained some indication that advice had been sought from the Discipline Advisory Unit (DAU). However, in one complaint involving an inspector, the investigating sergeants inspector attended the discipline interview as the corroborator because of the subject officers rank. 55 Auditors agreed that the two other matters that involved discipline charges did not require consultation under s127. In the following matter, a DHHS officer lodged a complaint after a young person reported that he had been assaulted in custody. A decision to decline a complaint investigation should not be made solely on the basis of the complainants wishes.38. Auditors identified a further four files in which there was no discussion or attachments to indicate that complaint histories had been considered, even though at least one subject officer had a complaint history relevant to the current complaint. While no formal recommendations were made, a number of investigations identified did highlight important issues and suggested practical solutions that warranted broader organisational consideration as discussed in case studies 25 and 26. 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. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. The sample was not drawn randomly and is not therefore representative of all file types investigated by PSC. This included seven matters where public complainants were updated during the investigation and sent a final outcome letter. On the two days of the party, the subject officer was on rest days. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. 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). 57 Victorian Parliamentary Debates, Legislative Assembly, 16 December 1999, 1252 (Peter Ryan), in relation to the Police Regulation (Amendment) Bill 1999, clause 71(2). 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). The review identified options and recommendations for improvements to Victoria Police practice and policies. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). Comment on policy or procedural issues that were or should have been identified. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. This audit assessed whether PSC's complaint investigations were thorough and impartial and met the standards required for the handling of such serious allegations. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. A complaint was later made alleging the subject officer relayed that information to her partner. That file contained two conflict of interest forms: one completed by the initial investigator who noted that he supervised the subject officer for two years (resulting in the file being reallocated), and one completed by the investigator who completed the matter, and who noted that he did not have any conflicts. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. This audit reiterates the importance of timely and appropriate drug testing. Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. Do the subject officers have complaint histories relevant to the current complaint? 64 C1-0 work files and C3-4 corruption complaints. If no: What was the primary reason for delay in investigation? 7 Victoria Police Act 2013, s 170(1) and (3). Most, if not all, PSC investigators have previously worked elsewhere in Victoria Police and may have come into contact with officers who are the subject of a complaint in other ways. any human rights breach must be recorded on both ROCSID and discussed in the final report. 5 Victoria Police Act 2013, s 169(2) and (3). 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. 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. informal discussion during the execution of a search warrant at the subject officers home (without any formal interview, statement or drug test). 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. Prior association with a subject officer does not necessarily preclude an investigator from handling a matter, however it is important to identify and declare possible conflicts of interest so that appropriate strategies can be put in place to manage the conflict and ensure impartiality and fairness. The file was closed as a work file after 500 days, with four allegations marked as unable to determine and three as unfounded. Identify and report on risk across multiple data sets. People Development Command;Professional Standards Command;and Service Delivery Reform. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. The office is also the Victoria Police Public Interest Disclosure Co-ordinator. 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 statement from a spokesperson for Victoria Police: Professional Standards Command (PSC) and Victoria Police's Legal Services Department have commenced an investigation into potential issues regarding the compilation of affidavits. In total, 11 of the 59 files audited contained some indication that advice had been sought from the DAU. 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. 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. "Police may also deploy spray where a person is involved in violent or other physical conduct and likely to seriously injure themselves or result in suicide." The Age also obtained and compared the two letters sent to Ascui and Currie by the Professional Standards Command, Victoria Police's integrity unit, in response to their complaints . Victoria Police reasonably believes that the officer has committed a breach of discipline, or an offence punishable by imprisonment. members of Victoria Police personnel who are witnesses, review of circumstantial and scientific evidence. Find 46 listings related to Salt River Police Dept in Ahwatukee on YP. Unfortunately, PSCs handling of the matters outlined above suggests that Victoria Police does not sufficiently value employees who identify issues or make complaints about colleagues by failing to sufficiently: Indeed, in both matters investigators were at pains to note that the police victim declined to make a complaint and only provided investigators with details when directed to do so, perhaps perpetuating the idea that a good police officer only reports the poor conduct of others when required to do so. Was a formal investigation plan prepared from the outset? 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. IBACs audit of PSC investigations found that allegations were not adequately characterised in 30 of the 59 files audited (51 per cent) including 21 files that understated the number of allegations. This included extensions sought and granted: Based on the available information, auditors considered that 22 files involving extensions were not approved by a sufficiently ranked officer as required in the VPMG: Auditors also noted that 17 files involved extension applications that were not made before the original due date or preceding extension expired as discussed in case studies 31 and 32. two files that were not technically delayed because they were reclassified as work files extending the final time frame by 62 days, however that reclassification did not occur until after the original 90-day time frame (for a C2-1 and a C3-3) expired. 66 This matter was ultimately classified as a work file. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. Comment on outcome letter or advice to subject officers, Incident to receipt (time taken to lodge complaint), Receipt to classification (time taken to classify), Classification to allocation (time taken to allocate). State Government of Victoria twelve files involved extensions for reasons that were questionable. Tel: 1300 363 101. 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. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. 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. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. There are no specific policies that set out time frames for registration, classification or allocation. The VPM complaint management and investigations guidelines states if action against the employee is required, the investigator should recommend that action is required. The Intelligence, Innovation and Risk Division supports PSC in promoting a culture of high ethical standards throughout the organisation by: Support Services Division provides a range of tactical support to PSC Investigations Division. While a hair sample was taken within a fortnight of notification, the time lapse between detection and testing may have impeded the accuracy of the test. 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. If no: Reason for disagreeing with reclassification. In one matter, the Assistant Commissioner PSC determined workplace guidance was warranted rather than formal discipline action, thus avoiding the need to consult the OPP in relation to a reportable offence. While this is useful as a means of reviewing actions taken, investigation plans should still be developed at the start of an investigation and amended as the matter proceeds. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? These matters suggest Victoria Police is adopting a serious approach to dealing with allegations of sexual harassment and sexual assault, and is sending a clear message to both victims and offenders that Victoria Police will not tolerate such conduct. 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 that audit, IBAC found that 10 per cent of files included a recommendation that was assessed as inappropriate. 15 The lack of an identifiable subject officer should not preclude an investigation; however, for the purpose of the audit these two criteria were used to identify matters that should have been classified as C2-1, C3-2, C3-3 or C3-4 complaints from the outset. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. 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. Mandate. Following an investigation in which an officer stopped for erratic driving was found to have attempted to dissuade junior officers from conducting a preliminary breath test (PBT), the investigator recommended no further action. Small aircraft crash reported on Salt River Pima. The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. For instance, in one matter a criminal brief of evidence was prepared but not authorised on the basis that the victim of the alleged assault declined to press charges. That is not to suggest that the investigators complaint history adversely affected his investigation of this file. 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. a complainant alleged that police, including the subject officer, pushed her shoulder aggravating an existing injury before handcuffing her and shoving her in a divisional van. Of the 17 files finalised as complaints of minor misconduct, misconduct connected to duty or criminality not connected (C2-1, C3-2 and C3-3 files) in the sample, seven (41 per cent) were completed within the 90-day time frame while 10 (59 per cent) took more than 90 days to complete. 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. 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. In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. IBAC continues to liaise with Victoria Police to improve impartiality in its complaint handling processes. If the complainant, witnesses or the police officer who is the subject of the complaint perceive that the investigator has a relationship with one or more of those involved, that actual or perceived conflict of interest could undermine the investigation as well as PSCs reputation. 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. The various ways in which determinations have been applied in the audited PSC files adds further weight to the recommendation that the system of determinations should be simplified to ensure greater consistency and fairness, and to reduce the potential for ambiguity. Four files in the audit suggest that recent initiatives adopted by Victoria Police to address issues of predatory behaviour, sexual harassment and bullying are having a positive effect. While this matter indicates that the investigators were aware of the need to involve a more senior officer, the fact that the senior officer was still only of equal rank as the subject officer suggests it may be difficult to engage suitably senior investigators when subject officers are highly ranked. two complaints were investigated by an officer of a lower rank than some of the subject officers they were investigating. As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. 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). As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. This is outlined in the case study on the following page. 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. 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. similar allegations in the recent past (10 files), similar allegations in recent times and another complaint that was currently open (three files). While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. member involved refers to an officer who is the subject of a complaint or a performance issue. Was the choice of investigator appropriate? The seriousness of the allegations, extent of the enquiries conducted and definitiveness of the unfounded determinations suggest that in practice, this work file proceeded to a full investigation. 18 Originally classified as minor misconduct, criminality or corruption. This included: IBAC auditors also identified two matters where the subject officer was advised that an allegation was either not proceeded with or not substantiated, while ROCSID records those allegations as substantiated. It is difficult to see how a manager can effectively navigate the information saved to Interpose in this way, much less monitor the progress or quality of the investigation. 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. 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 . 36 Victoria Police 2015, Integrity Management Guide, paragraph 49. Complaints provide an important opportunity to identify problems of a systemic nature. People Development Command: PSC: Professional Standards Command: VPS: Victorian Public Service: WoVG: Whole of Victorian Government: The next step. Seventeen warranted preliminary inquiries. Two of the complaints considered in IBACs audit proceeded to discipline hearings. This represents eight per cent of all files in the audit and 42 per cent of the 12 files that resulted in at least one substantiated finding. At the time, the Ethical Standards Department advised local management they should handle the matter as no formal complaint had been made. Three of those letters did not accurately advise the subject officers of the allegations or determinations recorded against them in ROCSID. PRSB.Enquiries@prsb.vic.gov.au (External link), Mondayto Friday 8am to4pm (excluding public holidays). 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. Time frames relevant to files within the scope of the PSC audit are shown below in Figure 9. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. 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. leant over the passer-by in an aggressive manner and yelled at him while the person lay motionless on the footpath. . While none of allegations listed above were substantiated, the officers complaint history should have been considered in its entirety, rather than processing each new complaint in isolation. Of the 26 files in which a contactable complainant was identified, 14 had attached a copy of a final outcome letter to the complainants (54 per cent). a driving under the influence incident in which officer B was detected driving erratically and asked the intercepting officers not to conduct a breath test. Auditors disagreed with the initial classification of 16 complaints (27 per cent of the sample). In addition, 21 of the remaining 24 files did not require advice because the subject officer was identified in relation to a work file or corruption complaint (C1-0 or C3-4). This includes working to deter and investigate employees involved in criminality or misconduct. 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. This included one file that involved five extension requests totalling 425 days. VIC POL STATEMENT 270422. 33 All five complaints that involved police officers who were injured by another Victoria Police officer or the victim of the incident were formally recorded in ROCSID as automatically generated complaints, however they have been counted as contactable complainants for the purpose of the audit because it was considered that their evidence was key to the investigation and the nature of their involvement warranted advice about the outcome of the investigation. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. The guidelines state the request for extension and the approval must be attached to the file.67 PSCs standard operating procedures state that extension requests, approvals and rejections must be recorded in ROCSID.68. a local area commander (generally an inspector or higher) for a first extension of up to 30 days. IBACs audit found that the five determinations reached most often were: Taken together, these five determinations accounted for 74 per cent of all determinations. Victoria Police has accepted all of the recommendations made in both these reports. 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. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. five complaints with minor shortcomings in the evidence considered. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. 10 Victoria Police 2015, Integrity Management Guide, paragraph 1. overstated the number of allegations in ROCSID (two files). providing a range of strategic and tactical intelligence products, educating our employees in appropriate ethical behaviours and the management of integrity hazards, the provision of the Integrity Management Program, policy coordination, risk planning and risk management/mitigation, responding to IBAC and other oversight body 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. 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). 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. Supporting police professionalisation. In response to enquiries made by IBAC, Victoria Police advised that it has a memorandum of understanding (MOU) in place with the Director of Public Prosecutions in relation to section 127 of the Victoria Police Act. No complaint was recorded in ROCSID. 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. Complaint histories are an important tool to inform the investigators assessment of whether the current allegation can be proven on the balance of probabilities. All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. 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. twelve criminal interviews with subject officers in relation to 10 files, fifteen disciplinary interviews with subject officers in relation to 13 files. 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). Two of these matters resulted in proven findings at discipline hearing while the remaining two were not heard because the subject officer resigned or was dismissed (in relation to another matter) prior to hearing. This checklist is completed by the unit manager on closure. However, IBAC only became aware of this complaint as a result of the audit. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. 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 Central Military Commission ( CMC) is the highest national defense organization in the People's Republic of China. 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. An entry was made in the subject officers PDA and he was directed to undertake additional equity and diversity training, and submit a 500-word essay on standards of behaviour.



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