Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. Identify and report on risk across multiple data sets. The investigator could then recommend that the information be considered for intelligence purposes (with restrictions placed on the file where necessary) rather than reclassifying the complaint as a work file that contains intel only. These changes include undertaking a wide-ranging review of its complaint handling and discipline system as part of the response to VEOHRCs 2015 report on sex discrimination and sexual harassment in Victoria Police. The second suspect mentioned the police officers name at trial, stating that he had visited the subject officers house. 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. However, the Assistant Commissioner went on to direct that an admonishment notice was the most appropriate action considering the time since the conduct (16 months), the subject officers subsequent promotion, and the fact that the subject officer ultimately submitted to a PBT without resistance. Police Conduct Unit (PCU) - the PCU receives and classifies incoming complaints and incidents, IBAC Liaison Office - the office provides liaison between Victoria Police and our key oversight agency IBAC. CCTV footage from the police cells to verify the alleged conduct noting that a review of that information may have exculpated police officers. 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. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. 28 Victoria Police 2015, Integrity Management Guide, paragraph 75 and 79. 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. 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. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. 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. A complaint was later made alleging the subject officer relayed that information to her partner. 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. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Victoria Police say the incident will be investigated by the Professional Standards Command. 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. Of the 23 work files that were not reclassified, auditors disagreed with the initial work file classification of eight files. Run reports and prepare briefings. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. While it is possible that investigation plans were prepared but saved elsewhere by the investigator, plans should be saved in Interpose or placed on the file and reviewed regularly. A complaints form can be completed online. All complaints involving Victoria Police officers are assessed by PSC and classified according to the type and seriousness of allegations made. Our focus is on preventing corrupt behaviours involving police employees. member involved refers to an officer who is the subject of a complaint or a performance issue. At times, a link might contain one document that was accurately named, such as CCR data for [person A]. Review Victoria Police policies and procedures relating to employees This audit of files investigated by PSC adds further weight to the arguments in favour of simpler determinations. Victoria Police 'ownership' of professional standards and integrity However, the traffic camera recorded an image showing the rider wearing a jacket and helmet belonging to the subject officer. Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. Matthew Bui on LinkedIn: Proud of the efforts of those who work at my advised that four allegations of assault and pervert the course of justice were not proceeded with, however ROCSID records that one allegation of assault and one allegation of use of position were substantiated resulting in workplace guidance. The body notified IBAC about the allegations against Rosenblum . It goes on to note that recommended action might include management intervention, no action, admonishments, discipline charges, criminal charges, action in accordance with the VPMG, managing underperformance, and/or action on any identified deficiencies in Victoria Police premises, equipment, policies, practices or procedures.48, If a complaint raises allegations involving a criminal offence, criminal proceedings must be pursued before starting disciplinary proceedings. Administration consists of the Command Staff, an Administrative Assistant and the Professional Standards Unit. 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. Has any action been taken to progress recommendations in relation to issues identified? 74 Victoria Police 2015, Integrity Management Guide, paragraph 155. The Commissioner said the investigation also identified poor complaints management by Victoria Police Professional Standards Command. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. 63 VPMG, Complaint management and investigations, section 6.2. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. nine files that did not correctly identify or list all identified subject officers, seven files that recorded an invalid determination, three files that recorded invalid actions or failed to record all the actions recommended in the file. . IBAC also acknowledges that Victoria Police has recently taken steps to improve the identification and management of conflicts of interest in complaint investigations, including through the introduction of a new form. Chief Commissioner; Community partners and reference groups; Corporate governance; Diversity and inclusion . However, Victoria Police could do more to demonstrate that it values officers who raise concerns about the conduct of their colleagues and will support them through the complaint handling process. If yes: Describe the issues that warranted interim action, Count of identifiable public complainants, Count of identifiable internal police complainants, Comment on identification of complainants, Count of complainants contacted by investigators. While it is not always possible to identify the relevant police officers, investigators should take reasonable steps to pursue available lines of inquiry. 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 extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. a complainant alleged he was pushed to the ground by the subject officer during arrest, causing him to graze his left eyebrow and right cheek, a complainant alleged he was pursued on foot by police, including the subject officer, during which he fell and struck his head on the ground as he was being apprehended, one of the subject officers children alleged that he occasionally kicks them when he gets mad, a complainant alleged that he was restrained while a police dog bit him, following which the subject officer allegedly knelt on his ankle near the dog bite and laughed that they were going to have to amputate his leg. five complaints with minor shortcomings in the evidence considered. An intelligence report outlining the investigators concerns could also have been submitted, if the investigator thought it warranted. These matters suggest that the work file classification should be reviewed to ensure that: It is understood that Victoria Polices review of the complaints and discipline process (arising out of the Victorian Equal Opportunity and Human Rights Commission review into sex discrimination and sexual harassment in Victoria Police) may result in changes to the classification process, including the possible removal of the work file (C1-0) classification. Figure 7 summarises the recommended action in the 59 audited files. 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). PO Box 401. 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. Each unit serves specific functions and has unique responsibilities within Tempe PD. 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. On review, the supervising superintendent noted that unsubstantiated or unable to determine would be more appropriate, as the victim did not resile from her assertion that she was punched in the head by unidentified police officers. In that matter, a complaint involving an allegation of off-duty assault was allocated to an investigator who had three allegations of assault recorded in his complaint history (although none were substantiated). An allegation of assault was initially determined to be exonerated by the investigator, who noted that the victim did not dispute that her head injuries were caused by not wearing a seatbelt during a pursuit. ; File a Police Report Online. Although these should have been included, they were not likely to alter the determination. After conducting preliminary enquiries, PSC concluded the matter did not require investigation and could be filed as intelligence on the basis that the former officer normally resided interstate. While not always clearly documented, it was possible for auditors to deduce why the investigator had not contacted witnesses in most of these matters. Risk assessment considers risk to all employees, including subject employees, investigation integrity, reputation and/or community confidence in Victoria Police. advised of the outcome in relation to one allegation of assault, but was not advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however ROCSID records that the allegation of behaviour under the influence of alcohol was substantiated and resulted in workplace guidance. IBAC audited 59 PSC investigations into a range of complaints about Victoria Police officers, including allegations of improper criminal associations, drug use or possession offences, sexual offences, handling stolen goods, threats to kill, interference in investigation, and misuse of information. This could include document naming protocols and minimum requirements in relation to the use of the investigation plan tab. Was all relevant documentation included in the file? seventeen complaints where the primary complainant was an identifiable member of the public, eleven complaints where the primary complainant was anonymous. Does the investigator have a relevant complaint history in ROCSID which could affect their ability to investigate this matter? The audit only identified one file that attached a conflict of interest form. If no: Does the file note the public interest reason for not advising of the outcome (as per s172(2) VPA)? 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. As part of that review, it would be prudent for PSC to consider its own recruitment processes including the checks undertaken and criteria applied when recruiting new investigators to PSC to ensure that PSC employs staff of the highest integrity. The final report acknowledged the original investigation would not have been considered adequate in the current environment. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. Comment on progress updates to complainant. 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. While not formally documented using form 1426, various emails and other notes on the file suggest that the file was allocated to an officer in the PCU who was considered to be sufficiently removed from Investigations Division. Was the choice of investigator appropriate? 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. 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. While it is acknowledged that the audit sample was relatively small, the audit identified a number of broader issues. That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. This audit of complaints investigated by PSC builds on the findings and recommendations made in the previous two audits, noting areas where this review suggests PSC could benefit from similar improvements and guidance. 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. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. 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. . All of the work files in the audit contained serious allegations. This audit reiterates the importance of timely and appropriate drug testing. Those reviews make specific recommendations to address issues that are identified in individual complaint investigations, some of which are handled by PSC. 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). The Victorian Government acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability Accordingly, the investigator recommended that the Victoria Police Drug and Alcohol Testing Unit take steps to have RSD declared a designated workplace and designated work function for the purpose of drug and alcohol testing. A complaint was initiated when tradesmen working on a police station located two imitation firearms and a can of OC spray in the ceiling cavity. Of the 46 files that formally identified at least one subject officer, 11 files (24 per cent) were investigated by an officer who was not of an appropriately higher rank than at least some of the subject officers. 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. This covers sexual harassment, gender and other forms of . Was a formal investigation plan prepared from the outset? In 56 of the 59 files (95 per cent) auditors could not find any evidence that the investigator had considered conflict of interest issues at any time during the investigation. At the end of the interview the corroborator advised the subject officer that the outcome of the investigation is not a decision I can make [and that] any investigations that deal with inspectors [go to the] superintendent and/or the assistant commissioner [because] it wouldnt be right for me to be sitting here judging or deciding what should happen to a fellow inspector. This included two matters in which discipline charges were downgraded to management action and two matters in which Victoria Police did not consult with the Office of Public Prosecutions (OPP) despite establishing a reasonable belief that a reportable offence had been committed. 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. While in custody at a New South Wales police station, a complainant alleged that a named Victoria Police officer made threats to kill, used drugs and attempted to pervert the course of justice. Victoria Police is a contemporary and agile workplace and supports flexible working arrangements. Auditors disagreed with the action recommended in nine files (15 per cent). 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. This included all four files that resulted in discipline charges, all three files that resulted in admonishment notices, three of the five files that resulted in workplace guidance and one file that resulted in no action.54. The audit did not identify any issues with the 12 outcome letters to complainants that were located on files, all of which were considered to adequately explain the results of the investigation and action taken. In the fourth matter, officers involved in the primary allegation of assault were interviewed criminally, which resulted in findings of not substantiated; however, their senior officers were subsequently subject to disciplinary interviews about their roles supervising the incident in question. deliver training on appropriate ethical behaviours and their management to Victoria Police employees to improve the ethical health of the organisation. Those reasons included: Auditors identified nine complaints where the investigator did not contact relevant civilian witnesses and did not provide reasons. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. Based on the information available on the file and in ROCSID, auditors had concerns about the reasons for the extension requests in 12 of 23 files. That officer had been admonished for improper behaviour while intoxicated 18 months earlier. The following case study provides an example of a matter in which extensive efforts were made by the investigator to identify relevant subject officers. 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. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. 48 VPMG, Complaint management and investigations, section 12.3. Victoria Police received an historic allegation of rape dating back 17 years involving an unidentified subject officer. It is understood that this review should address some of the issues identified in this audit. If yes: Note any issues identified in IBAC review and how they were addressed by Victoria Police, Most substantial determination recorded in ROCSID. ensures the Office of Public Prosecutions is consulted as soon as possible when Victoria Police forms a reasonable belief that a reportable offence has been committed consistent with section 127(2) of the Victoria Police Act. results and any actions taken or proposed to be taken on completion of a complaint investigation. A senior constable received information from a registered human source suggesting that the officers domestic partner was dealing drugs. To ensure that a criminal prosecution is not compromised by disciplinary proceedings, section 127(2) of the Victoria Police Act provides that Victoria Police must consult with the OPP before charging an officer with a breach of discipline if Victoria Police reasonably believes that the officer has committed a reportable offence (as described in Schedule 4 of the Victoria Police Act).49, Reviews of police complaint handling in Tasmania and NSW note that the more serious an allegation is, the more important it is to ensure that the investigation is handled independently and that independent advice is sought.