formal interim action in relation to eight subject officers (six files). This included: In 27 files (46 per cent), the primary complainant was from within Victoria Police. . It should also be noted that three files excluded from the audit were excluded because criminal proceedings were in progress. 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. 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. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. Auditors only identified one file that attached an official conflict of interest form 1426 and a further two files that addressed conflicts of interest in other ways. Considered together, these two matters may suggest a pattern of alcohol misuse warranting consideration of welfare measures to support the police officer. While the matter may have required preliminary enquiries to clarify the allegations, the complaint ultimately warranted reclassification. 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. If no: What was the reason for the lack of contact? This included one matter where the DAUs initial advice that no action was necessary was queried by the investigators supervisor, then changed to a recommendation for discipline action which was not authorised by the Assistant Commissioner PSC, as discussed in case study 21. IBAC plays a vital role in providing independent oversight of Victoria Police. Complaints against Victoria Police: Contacts. 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. Extensions were sought and approved in relation to 23 files ranging in total length from 30 to 524 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. On this basis, 12 files were considered to contain a formal investigation plan. Was the choice of investigator appropriate? All 59 files audited were reviewed by a senior Victoria Police officer on completion, however most reviews involved endorsement without further comment. 42 VPMG, Complaint management and investigations, section 12.2. Almost half of the sample were work files, a quarter were classified as corruption complaints files and the remainder (all involving assault allegations) were classified as complaints involving criminality not connected to duty, misconduct connected to duty or minor misconduct. 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. Ethical conduct standards which comprise shared values and expectations of the profession. a sergeant who had two proven discipline charges (albeit from 1998 and 2007), a sergeant who was the subject of a rape allegation in 2009 (which was withdrawn) and two substantiated determinations, including one for indecent sexual behaviour with a junior officer in a public place, which resulted in a proven discipline charge. The 62-year-old Staffieri was interviewed by officers from Professional Standards Command on April 26 over a post he made to senior project officer Bonnie Loft, who works with Gender Equality and . When the situation escalated, the manager closed the premises for safety reasons. 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. The VPMG allow extensions in certain circumstances. 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. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. In addition to auditing how Victoria Police handles complaints, IBAC's independent oversight of Victoria Police also includes reviews of selected matters investigated by Victoria Police, to highlight any concerns at the individual as well as the system-wide level. twelve files involved extensions for reasons that were questionable. Auditors also reviewed the complaint histories of all identified subject officers to consider whether the complaint history was relevant to the current investigation. Figure 1 outlines the audited files by classification upon closure. 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. member involved refers to an officer who is the subject of a complaint or a performance issue. Auditors also took the view that all but one of the 15 files that reasonably involved preliminary enquiries ultimately warranted reclassification and notification as complaints involving misconduct connected to duty, criminality not connected to duty or corruption (C3-2, C3-3 or C3-4 matters), an example of which is discussed in case study 6. . 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. results and any actions taken or proposed to be taken on completion of a complaint investigation. 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. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. 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. The 26 complaints in which identified subject officers were contacted involved: Additional notes in terms of contact with subject officers indicate that other types of contact with subject officers included: Both criminal and disciplinary interviews were conducted in relation to four complaints. In one complaint the subject officer was a PSC investigator. Both concerned reportable offences but PSC only consulted with the OPP in one matter before laying discipline charges. 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 role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. three hundred and thirty-five days after receipt, and, 124 days after the investigators report was marked as completed in ROCSID, seven hundred and thirty days after receipt, at which point the investigators report was marked as completed in ROCSID. 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 Victoria Police Manual (VPM) contains policy guidance governing the handling of complaints. 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. The audit identified 13 matters where there were inconsistencies in the recommended action recorded in ROCSID compared with the file. These file classifications and allegation types were selected to form IBACs sample in order to focus on the most serious complaints investigated by PSC. In particular, only two of the 10 files that had a criminal or disciplinary brief attached also had an investigation plan attached. 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. If workplace guidance or admon this arguably jumps the need for consult. 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. Were all relevant complainants contacted? Were all relevant fields accurate and complete in ROCSID. 24 PSC has advised that following IBACs Operation Ross, Victoria Police is reviewing probity issues including the provision of complaint histories to inform complaint investigations. Intent is not an element of the offence and IBAC auditors could not identify any discussion of possible reasonable excuse in the investigation file. It takes courage to make a complaint against a fellow officer and every effort should be made to encourage officers to speak up when they see something that is not right and to support them through the process. 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 sample drawn for this audit represents 27 per cent of the 221 files closed by PSC in 2015/16. 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. This includes working to deter and investigate employees involved in criminality or misconduct.