Potential precedent setting decision with medium risk'. The IMG notes that the circumstances of the investigation and the type of complaint will frequently control the order of interviews (however) as a general rule, interviews should be conducted in the following order: Of the 59 files audited, 43 (73 per cent) were recorded as automatically generated complaints.32 In instances where ROCSID recorded that the complaint was automatically generated, but also identified some other person as a complainant in any way, the other person has been counted as the primary complainant for the purpose of seeking clarification or providing outcome advice pursuant to section 172 of the Victoria Police Act. Did the complaint give rise to any risks that warranted immediate action? 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. 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advised of another allegation of theft which is recorded in ROCSID against the subject officer as a determination of withdrawn, advised that two allegations of assault and behaviour under the influence of alcohol were not proceeded with and not substantiated respectively, however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. Extensions were sought and approved in relation to 23 files which ranged in total length from 30 to 534 days. 54 The two files that resulted in workplace guidance without consulting the DAU involved the formal recording of workplace guidance that had occurred four years prior and action that was changed at the request of IBAC. However, the value of the investigators analysis is questionable. consequences of any ongoing identified breaches of policy or legislation and support from divisional management to direct members to move work locations if required. The investigator could have, but did not review: The complaint was closed with a determination of not proceeded with when the complainant failed to attend a pre-arranged meeting with the PSC investigator and a DHHS representative. The audit identified 28 complaints that involved at least one relevant police witness. A total of eight ROCSID records were created over 16 months relating to two officers following the breakdown of their marriage. History Background. 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. fifty-six days after receipt, at which point the investigators report was marked as completed in ROCSID. Departments and Other BodiesDepartment of Justice and Community SafetyEntities, Governance and SupportVictoria PoliceCapability Auditors also disagreed with the initial classification of 16 files. 73 Note that the 451-day extension was approved by the then acting Assistant Commissioner PSC, noting that the file had been allocated to an investigator after the due date. 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. 3 A copy of the audit tool is included as an appendix to this report. The file does not contain any notes to indicate why the subject officers wife was not contacted. 62 VPMG, Complaint management and investigations, section 6.1. Where evidence is available that could be assessed, complaint investigators have a duty to consider that material. IBAC continues to liaise with Victoria Police on this issue, emphasising the important role rigorous conflict of interest processes play in demonstrating impartiality in complaint investigations. 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. 56 The MOU states that Victoria Police will have met the s127 requirement to consult with the DPP by providing six-monthly advice on matters that technically constitute a s227 offence, which have been handled as a breach of discipline on the basis that they fall within one of the scenarios outlined in that document. Then, the PSC can: investigate . Those files took between four and 24 months to complete and involved delays of between four and 240 days beyond approved extension periods. An altercation then ensued, with Officer B attacking Officer A. nine per cent of files had at least one allegation with a determination of substantiated. He indicated that an acquaintance who attended the party as a guest (a senior constable) advised him to call 000 about the burglary. Given the pivotal role that DAU advice can play in determining action that will be taken, details of the request and advice provided should be documented and attached to each file. 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. 72 This list of issues totals more than 12 files because some files raised more than one issue in relation to the reasons for extension requests. recording an invalid determination in ROCSID, even though the investigator made a valid determination in their final report or vice versa (seven files), using exonerated, unfounded and not substantiated interchangeably (four files). Although this recommendation was not implemented, it is understood that Victoria Police is now committed to simplifying the categories of determinations. the minimum level of professionalism required by both members, the impact of their personal lives upon other members working at the station, consequences of any identified breaches of discipline or legislation (ie workplace bullying), welfare and counselling services available, negotiation by consent for a short-term transfer to neighbouring stations to mitigate any ongoing workplace tension, relevant PDA entries for both parties outlining the minimum professional standards required from sworn members both on and off duty without reference to their personal circumstance linked to a performance discussion. 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). 11 Victoria Police Manual Guidelines, Complaint management and investigations, section 1.1 and Victoria Police 2015, Integrity Management Guide, paragraph 222. The substantiation rate of 15 per cent on an allegation basis (or 19 per cent on a file basis) for the PSC files considered in the audit was twice the nine per cent substantiation rate (on a file basis) in the 2016 regional complaints audit and comparable to overall police complaint substantiation rates in other jurisdictions (on an allegation basis). Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). Were all relevant civilian witnesses contacted? This ensures that complaints which can provide an organisation with feedback about the effectiveness of its practices and procedures are not overlooked when a complainant no longer wishes to be involved. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. Were all relevant complainants contacted? 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. These matters suggest that clearer guidance may be required to ensure that, in accordance with section 127(2), Victoria Police consults with the OPP where there is sufficient information for the Chief Commissioner to form a reasonable belief that the subject officer has committed a reportable offence before taking any discipline or lower level managerial action. Descriptions of these allegations recorded in ROCSID included sexual offence rape, receiving/handing stolen goods, threats to kill, interference in investigation, information misuse, drug use, assault and criminal associations. 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. 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. This was reflected in ROCSID as one allegation of Behaviour Improper Not specified. The complaints investigated by PSC generally contain more serious allegations such as allegations of serious criminality, serious corruption, targeted or proactive investigations and serious breaches of Victoria Police discipline. IBAC engaged with senior PSC officers to assist in determining the scope of the audit and ongoing assistance has been provided by PSC to provide access to files within the audits scope. Professional standards The principle of policing by consent relies on the trust and confidence that the public has in the police service and the wider law enforcement community. 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. Indeed, PSCs strengthened approach to allegations of sexual harassment and sexual assault in the wake of the 2015 VEOHRC review and the creation of Taskforce Salus was evident in the sample reviewed. It operates within the Chinese Communist Party (CCP) under the name "Central Military Commission of the Communist Party of China", and as the military branch of the central government under the name "Central Military Commission . In the following matters (previously discussed in case studies 22 and 23) IBAC auditors considered that PSC could have done more to support the police victims and promote a culture of integrity. The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. PSC has also produced a human rights ready reckoner which provides a list and brief explanation of the human rights most likely to be engaged, and outlines the key questions members must ask in relation to human rights. 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. 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. for no documented reason (that is, there were no extension requests on the file and ROCSID either records the reason for the extension as admin requirement or as per monthly review or does not contain any reasons) (eight files), after the investigation report had been signed off and/or subject officer has been advised of the outcome (four files), because the investigator was on leave (three files). 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. 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. If no: Reason for disagreeing with the number of allegations. The total number of identifiable subject officers was 56. However, only 20 per cent of the files audited contained a formal investigation plan. 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. Of the 27 files classified as work files (C1-0), auditors considered that: Consideration of complaint histories was inconsistent across the files included in the audit. Comment on policy or procedural issues that were or should have been identified. The body notified IBAC about the allegations against Rosenblum . Trust and confidence can be undermined by a failure to vet and manage misconduct and complaints or investigate counter-corruption activities effectively. Complaint histories can also help identify welfare issues and opportunities for early intervention. Allegations that need some preliminary inquiry and assessment by PSC before a full investigation can be conducted, Includes minor assault at time of arrest, infringement notice received on duty, lower level discrimination under the Equal Opportunity Act, and lower level breaches of the Charter of Human Rights, Includes serious assault, conduct punishable by imprisonment, alcohol or drug offences on duty, improper use of LEAP or other databases, higher level discrimination under the Equal Opportunity Act, and higher level breaches of the Charter of Human Rights, Includes off-duty conduct punishable by imprisonment, off-duty alcohol or drug offences, criminal associations, and summons to court for any traffic matter, Includes encouraging others to neglect duty or to be improperly influenced in exercising any function, fabricating or falsifying evidence, using excessive force or other improper tactics to procure confession or conviction, improperly interfering with or subverting a prosecution, concealing misconduct by other officers, and engaging in serious criminal conduct. In general, the responsible PCU sergeant determines whether a matter should be allocated to the regions or PSC for investigation with reference to the ARM. Workplace guidance constitutes a form of management intervention designed to constructively address a subject officers performance issue as opposed to punitive action. 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. unfounded was the most common determination on an allegation basis (18 per cent of allegations). Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. Areas for possible improvement to Victoria Police policy and procedure were identified by investigators in 16 files (27 per cent). 44 If a file resulted in a number of different determinations, the determination for that file was identified according to the order of determinations listed in Figure 6 which prioritises adverse findings over others, on the basis that adverse findings are more likely to result in some form of recommended action. resignation or termination of the subject officers employment before the complaint could be investigated (three files). 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. PSC is well placed to identify broad systemic issues and ensure that learnings are shared across the organisation. . 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. 1 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 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. This represents three per cent of all files in the audit and 33 per cent of the 12 files that resulted in at least one substantiated determination. 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. IBAC also noted that this was concerning, given that the investigation appeared to suggest that a discipline charge was warranted. Following an off-duty incident, a subject officer was charged with assault by interstate police (charges were later dropped due to the victims reluctance to attend court and the possibility that the court could accept the subject officers claim of self-defence). 50 Tasmanian Integrity Commission 2016, An audit of Tasmania Police complaints finalised in 2015, pp 11-12 notes that that audit identified two complaints where Tasmania Police did not follow the principal legal officer recommendation to seek advice from the DPP; NSW Ombudsman 2016, Annual Report 2015/16, pp 48-49 notes that the agreement between the NSWPF and the DPP should be revised to provide police officers with better guidance about the types of matters that require consultation with the DPP. 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 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. 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. In a statement, Victoria Police said the "exact circumstances" around the incident were "yet to be determined" and added that it was being investigated by the Transit Safety Division and Professional Standards Command. 18 Originally classified as minor misconduct, criminality or corruption. The audit identified that human rights were not adequately dealt with in 20 files (34 per cent). Run reports and prepare briefings. In the subject officers statutory declaration, he nominated an unnamed person as the driver. In one matter the police officer was served with a discipline charge notice (DCN) that listed one charge for disgraceful conduct in relation to six instances of sexual harassment. 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. The audit only identified one file that attached a conflict of interest form. 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. Professional Standards Command - Victoria Police 3y As at March 2018, PSC employed 200 full-time equivalent (FTE) staff and is comprised of five divisions: The Police Conduct Unit (PCU) is located in the Conduct and Professional Standards Division, and receives and classifies all complaints about Victoria Police. However, the only indication of that review is a handwritten note by the investigation manager which states it has been confirmed with DAU that no discipline action was required. 65 C 2-1 minor misconduct, C3-2 misconduct connected to duty and C3-3 criminality not connected to duty complaints. That guidance also notes that risk assessment must be completed for each (interim action) application and/or if circumstances change. 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. Until recently, that notification did not include C1-0 files as they are not considered complaints. The IMG lists a range of actions to be considered when a complaint is received, concluding that initial action should involve completing all reasonable avenues of initial enquiry.36 The IMG also lists material that should be considered in terms of compiling the file.37. There are no specific policies that set out time frames for registration, classification or allocation. While the first request for 30 days was appropriately approved by an inspector, the subsequent requests for 30, 181, 92 and 92 days were not approved by the Assistant Commissioner. In another matter, the Assistant Commissioner PSC appears to have authorised non-disciplinary action, namely workplace guidance in a matter involving a Schedule 4 offence. Three work files were ultimately notified to IBAC following reclassification as corruption complaints (C3-4). Comment on human rights issues that were or should have been addressed. In one matter, the complainant clearly identified the wife of the subject officer as a civillian witness to some of the events described in the complaint. mentioned human rights in some way but failed to identify human rights issues relevant to the file (14 files), failed to address human rights issues at all, including human rights issues relevant to the file (three files). 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. A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. 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. In comparison, this audit examines the adequacy of PSCs complaint investigations more broadly. This included one file that involved five extension requests totalling 425 days. Were all relevant subject officers contacted? This included: Of the 59 files audited, 33 (56 per cent) involved complainants who could not be contacted either because the complaint was lodged anonymously or because the complaint was generated internally by a Victoria Police officer in the course of their work. 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. Such oversight is important to ensure public confidence in the impartiality of the Victoria Police complaint handling system. 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 . 7 Victoria Police Act 2013, s 170(1) and (3). 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. 43 NSW Police Force 2016, Complaint Handling Guidelines, pp 42 and 60. Police Conduct Unit. This included failing to consider use of force forms, historical running sheets and secondary lab tests (to confirm a negative primary test). 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). Police misconduct in Victoria is defined in the Victoria Police Act 2013 and the IBACA to include: the failure or refusal to perform duties. The Victoria Police Department Administrative offices are located in the Police building at 306 S. Bridge Street. 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. On review, the allegation was changed to one of failure to account for property with a determination of for intel purposes. 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. Victoria Police has accepted all of the recommendations made in both these reports. In the second matter, the then Assistant Commissioner PSC disagreed with the investigators recommendation and (without consulting the OPP) instructed the investigator to issue a discipline charge on the basis the assaults against the civilian victims only amounted to summary offences (which are not considered Schedule 4 offences) and the off-duty police victim was unwilling to press criminal charges in relation to the indictable offence, noting that this would reduce the likelihood of a conviction. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. 45 Percentages may not add to 100 due to rounding. 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. In 2011 it was alleged the subject officer, while intoxicated at an official function, groped three female colleagues. Misconduct within Professional Standards Command . Auditors considered this appropriate. This included: In 15 complaints, auditors found that key evidence relevant to the allegation was not considered, including LEAP records, CCTV footage, email or internet audits, and targeted drug tests. . 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. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. If no: Reason for disagreeing with reclassification. 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 complaint histories, including 14 files that discussed those histories in some way. The audit only identified one instance where Victoria Police failed to advise IBAC of a notifiable complaint. Contact was made with all relevant police witnesses in 24 of the 28 complaints (86 per cent) in which a police witness was identified. While the audit identified that PSC does many things well, there is scope for improvement to ensure best practice in complaint handling and investigation by PSC. Specifically, contact was made with: Subject officers were contacted in 27 of the 46 files (59 per cent) where subject officers were formally identified. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. A detective made a complaint to PSC after a police officer was named by two suspects in an espionage investigation. The Command Staff consists of the Chief of Police, two Deputy Chiefs and the three Captains who oversee the three . In seven of these files, it was stated that contact was not required in relation to a work file. 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 . 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.