Police have referred the arrest to Professional Standards Command after confronting footage emerged on Monday of the incident, which took place on Cooper Street in Epping about 4.10pm on Sunday. 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. All of which . However, the traffic offences themselves (reckless driving, speeding and drink driving) were not listed as allegations. A complaints form can be completed online. You can also complain directly to the officer-in-charge at any police station if you feel comfortable and safe doing so. 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. Another agency was the primary complainant in four matters, and a Victoria Police officer was the victim of the incident in question in four matters. 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. 37 Victoria Police 2015, Integrity Management Guide, paragraph 157. Of the 19 files that identified subject officers but did not contact them, the reasons for not making contact were recorded in 14 files. 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. A Discipline Charge Notice was ultimately served but not heard following the subject officers dismissal in relation to the wilful exposure matter. Auditors considered this appropriate. Our focus is on preventing corrupt behaviours involving police employees. It is not clear why PSC closed the file without investigating the extent of the association. At present, when a determination of substantiated is reached, the investigator will recommend action which could range from criminal charges to workplace guidance. The types of evidence most frequently overlooked by investigators were: Auditors identified nine files in which a targeted drug and alcohol test (DAT) was considered. Auditors did not consider this appropriate. 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. 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. The Intelligence, Innovation and Risk Division within PSC is responsible for maintaining the professional and ethical standards component of the VPM. 31 Victoria Police 2015, Integrity Management Guide, paragraph 85. the officer has been charged with a breach of discipline or an offence punishable by imprisonment; or. 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. 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. This includes working to deter and investigate employees involved in criminality or misconduct. Auditors disagreed with the recommended action in nine files (15 per cent) on the basis that: In the following case study, an admonishment notice was issued for conduct that IBAC auditors considered to warrant a discipline charge. committing an offence which carries a jail term. Ten warranted classification as a criminality or corruption complaint (C3-3 or C3-4) from the outset. Complaint histories were considered relevant if the subject officer had a significant number of complaints, similar allegations in the recent past, or another complaint that was being investigated at the same time. 70 VPMG, Complaint management and investigations, section 6.7. This included 15 matters that failed to discuss evidence that IBAC auditors considered essential to an adequate assessment of the allegation. Dear Chief Commissioner, On Wednesday, 17 October 2012 I wrote Victoria's then Chief Commissioner of Police Ken Lay QPM to report what appeared to be at least one serious indictable offence arising from a complex series of frauds relating to an incorporated entity called "The AWU Workplace Reform Association Inc". The absence of these documents and other material that records the reasoning behind key decisions hinders the auditing process and undermines the value of complaint files as a means of assisting police to improve practices and procedures. The Police Conduct Unit was set up for people wishing to make a complaint or compliment on service given by a particular Police Member. 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. 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). Auditors also disagreed with the initial classification of 16 files. 38 NSW Police Force 2016, Complaint Handling Guidelines, p 26. 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 PSC investigation reviewed the unresolved Traffic Camera Office investigation in which the subject officer claimed a prospective purchaser for his motorbike turned up at his home to test drive the bike without protective riding gear so the subject officer loaned him his jacket and helmet for the test drive. A file that listed one allegation of duty failure but failed to list an allegation of improper conduct. Both audits found that human rights were not addressed in the majority of files audited and that those that did discuss human rights frequently failed to identify clear human rights issues, did not address rights in sufficient detail, or demonstrated a poor understanding of human rights by mischaracterising complaint issues as relevant rights. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. The IBAC audit identified that human rights were not adequately dealt with in 20 of the 59 files audited (34 per cent). 66 This matter was ultimately classified as a work file. https://www.vic.gov.au/copyright.html, Disclaimer Notice: Auditors disagreed with the characterisation of allegations in 30 files (51 per cent of the sample) because those files: Some allegations may only become apparent in the course of an investigation. 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. 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. 7 Victoria Police Act 2013, s 170(1) and (3). However, the earlier matter was not discussed in the file. 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. A USB containing photos of text messages allegedly sent by the police officer was later left at the same police station. 21 Victoria Police Manual Policy, Conflicts of interest, section 5 and VPMG, Declarable associations, section 2. Comment on action taken in relation to identified policy or procedural issues. IBACs 2016 audit of complaint handling at the regional level recommended that Victoria Police require investigation plans, investigation logs and final checklists to be completed and attached to complaint investigation files. Victoria Police did not consult with the OPP, although it appeared the investigator had established reasonable belief that a reportable offence has been committed (two files) as discussed in section 3.3.3.3, some action was warranted in matters where a recommendation of no action or filed as intelligence was made (five files). A targeted DAT form indicated that the subject officer was directed to provide hair and urine samples, however the results indicate that breath and urine tests were conducted, both of which are inferior to hair testing. The unit is a part of professional standards command, the Victoria . 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. Despite raising clear allegations of a serious nature, the following matter was classified as a work file and was never notified to IBAC. More allegations were substantiated in this audit compared with IBACs 2016 audit. Ph: (02) 5127 2020. 42 VPMG, Complaint management and investigations, section 12.2. Controls were put in place to maximise consistency in the audit process. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. Of the 59 files audited by IBAC, 16 (27 per cent) identified areas for possible improvement to Victoria Police policy and procedures. PRSB.Enquiries@prsb.vic.gov.au (External link), Mondayto Friday 8am to4pm (excluding public holidays). 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. Rather, the sample of 59 files includes all available C1-0 and C3-4 files and at least 10 per cent of the available C3-3, C3-2 and C2-1 files closed by PSC between 1 July 2015 and 30 June 2016 (selected on the basis that those files contained an assault allegation). However, targeted drug and alcohol tests could not be conducted because the employees worked in Record Services Division (RSD). IBAC considers it was appropriate for consultation to occur with the OPP in case study 22. impress upon police officers who are the victims of off-duty assaults that they have a duty to assist Victoria Police to investigate the subject officers. 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. The majority of PSC investigations involve situations where the investigator is attached to another unit and is not, therefore, a current colleague of the officer who is the subject of the complaint. Formal complaint investigation plans are important for transparency, to document what investigators intended to do and explain any changes in the approach to the investigation. Auditors identified two other files that addressed conflicts of interest but not via the formal process. 4 Victoria Police Act 2013, Part 9 addresses complaints and investigations. No attempt was made to test the veracity of the allegation based on the information available to police. PSC retains the most serious and complex matters for investigation. As with criminal investigations, failure to act on a complaint in a timely manner can result in loss of evidence, limit the options available to remedy the complaint, and add to the ordeal of both the complainant and the police officer who was complained about. A total of 43 police staff in the Australian state of Victoria have been stood down from duty and could face being fired after they failed to comply with a Covid-19 vaccine mandate, Victoria . As shown in Figure 3, subject officers were contacted in 27 files (59 per cent of the 46 files where subject officers were formally identified). In total, 12 subject officers were criminally interviewed. 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. The majority of complaints are referred to the regions, departments or commands for investigation. This is substantially higher than the five per cent of files that contained complaint histories in IBACs 2016 regional complaints audit. Investigators are generally left to identify the allegations raised in the initial complaint and any additional allegations in the course of the investigation. 34 Percentages may not add to 100 due to rounding. Has any action been taken in relation to identified human rights breaches? did not record all the action recommended in the file in ROCSID (two files), used no action and file for intelligence interchangeably (two files). The Professional Standards Command ( PSC) is a unit of Victoria Police that is responsible for handling complaints about the conduct of Victorian police officers. These independent audits help Victoria Police build capacity to prevent corrupt conduct and police misconduct by identifying areas of improvement around complaint handling. other matters by direction of the Assistant Commissioner PSC. 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. This is illustrated in case studies 27 and 28. informed in writing of the results and the action taken or proposed to be taken at the completion of the investigation. To give effect to those provisions, the IMG states that Victoria Police has an obligation to comply with the Charter in its day-to-day operations as well as in the handling of complaints. 2 The remaining five files were unavailable at the time of the audit due to legal or disciplinary proceedings. Accurate records are essential for accountability and data analysis. This included instances where workplace guidance was recommended, when the auditors assessed that a more serious action was warranted. call to police communications in which he reports that he lost sight of the vehicle. person involved member refers to an officer involved in an incident but where there is no complaint or apparent performance issue about that officer. This process should ensure IBAC is notified of all work files. However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Comment on reasons for delay in classification and/or allocation, Date in ROCSID when investigation was due to be completed, Total days permitted to complete investigation (from receipt to official due date), Total extension period granted (as suggested by official due date). You can contact NSW Police's Customer Assistance Unit on 1800 622 571 (free call, statewide . Mandate. Identify and report on risk across multiple data sets. 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. 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. If no: Reason for disagreeing with the characterisation of the allegations, Does the audit officer agree with the complaint classification, If no: Reason for disagreeing with the complaint classification, Does the audit officer agree with the complaint reclassification? 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. twenty-two complaints in which the Victoria Police officer who made the complaint was not personally involved in the incident in question. These time frames are calculated as the period between the date the complaint or incident was lodged with PSC; and the date the investigation is completed and any required action is approved by PSC. Directory Home 14 Victoria Police 2015, Integrity Management Guide, paragraph 222. However, for internal police complaints it is not generally necessary for the investigator to contact the police complainant because they are not aggrieved, do not require ongoing updates and are more likely to include all the relevant information in their initial report, minimising the need to clarify details. 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. The total number of identifiable subject officers was 56. 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. 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 . 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. behaving disgracefully or improperly whether on or off duty. 48 VPMG, Complaint management and investigations, section 12.3. See ' Online forms ' on the Australian Federal Police website 'Feedback and complaints' page. 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. Notes on those files indicated that in both matters, some complainants declined or refused to provide further information. A clear statement of the standard of proof for complaint investigations in the IMG could assist investigators. This included a number of administrative issues involving matters that: In a further three matters, it was apparent that the difference in the recommended action recorded in ROCSID and on the file was due to the recommendation being changed upon review. 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. maintain the ethical health of the workforce and reduce ethical risks and workplace harm.
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