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. 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. It does this through a range of activities, including the intake and triaging of complaints made about Victoria Police, complaint investigations, strategic research, and development of intelligence-based responses to probity issues. Were all relevant complainants contacted? Figure 1 outlines the audited files by classification upon closure. In terms of quality review, all files contain a quality control checklist which contains a list of tick boxes in relation to the allegations, persons involved, determinations, actions and record keeping requirements. Was advice sought from the DAU or the OPP? Two of those matters were subsequently reclassified as criminality not connected to duty or corruption complaints (C3-3 and C3-4). The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. 26 VPMP, Complaints and discipline, section 6.2. It is anticipated that the new procedure of notifying work files will allow IBAC to independently consider those allegations in a timely manner. complainant failed to make or return contact with the investigator, ten files that noted reasons for delays which included liaison with police in other jurisdictions, time taken to consider reparations for the complainant, complexity of the file including subsequent counter complaints, geographical distance, pending legal proceedings or advice from the OPP and competing work pressures, three files that did not note the reasons for delays, all of which involved delays of only a few days or weeks. As shown in Figure 2, of these 22 files, a member of the public was the primary complainant in 14 matters. Complaint histories can also help identify welfare issues and opportunities for early intervention. 41 Issues identified total more than eight because multiple issues were identified by supervisors in some files. This recommendation was supported by the DAU and a discipline charge notice was prepared in relation to conduct likely to bring Victoria Police into disrepute. As a result, PSC initiated an investigation which identified six specific instances of inappropriate conduct by the male officer towards female colleagues. Thirteen files involved subsequent extensions that were not approved by the department head (namely the Assistant Commissioner PSC). More allegations were substantiated in this audit compared with IBACs 2016 audit. In addition, four of the remaining 12 files contained notes that indicated why the complainant was not provided with an outcome letter. In those letters the subject officer was: Of the 24 files that did not contain evidence to indicate that a final outcome letter was sent to the subject officer: Timely complaint investigation and resolution is a key element of a fair and responsive complaint handling system. State Government of Victoria 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. 48 VPMG, Complaint management and investigations, section 12.3. It would have been prudent for Victoria Police to circulate the organisational learnings identified by this investigator to assist other commands to identify and manage similar situations. Was the complainant updated on the progress of the investigation? Comment on investigators relevant complaint history. Comment on differences between actions in the final report, the final letters and ROCSID, Comment on actions that are not considered appropriate. 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. The OPP agreed and the matter proceeded to discipline hearing. 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. Five IBAC officers undertook the auditing process. A file that listed one allegation of criminal association but failed to list an allegation of unauthorised comment. Both matters involved allegations of assault by off-duty intoxicated police officers.55 In both matters investigators noted that: the victim was injured but did not wish to press criminal charges; the allegations were reportable offences within the meaning of Schedule 4 of the Victoria Police Act; and section 127(2) requires that the Assistant Commissioner PSC consult with the OPP before charging the police officer with a breach of discipline. 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). Do the determinations in ROCSID reflect those in the final report and final letters? fourteen files that involved extensions but failed to attach the requests and approvals as required by the VPM complaint management and investigations guidelines. 62 VPMG, Complaint management and investigations, section 6.1. It notes that compliance by investigators is three-fold: As a result of recommendations IBAC made in its 2016 audit of Victoria Polices complaint handling at the regional level, PSC advised a new program is being developed to replace the Integrity Management Program and that associated resources would include a more detailed component on human rights in the context of complaint investigations. 35 VPMG, Complaint management and investigations, section 6.2. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. 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. 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. 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. 49 Section 127(2) of the Victoria Police Act states If the Chief Commissioner or authorised person reasonably believes that the police officer or protective services officer has committed an offence referred to in Schedule 4, the Chief Commissioner or authorised person must not charge the officer with the commission of a breach of discipline until the Chief Commissioner or authorised person has consulted the Director of Public Prosecutions. 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. 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. to support and promote the continuing education . Of these 64 files, 59 were audited.2 Hard copy files were audited and, where relevant, IBAC examined information stored on Victoria Police's Register of Complaints, Serious Incidents and Discipline (ROCSID) and Interpose, Victoria Police's investigation, intelligence and registry management system. This includes one corruption complaint that contained a copy of the signed admonishment notice which indicates the subject officer would have been aware of the findings and action taken. Complaints can help to highlight issues the organisation is not aware of and point to opportunities for early intervention before a matter escalates. . Auditors took the view that these two matters should have been reclassified as corruption (C3-4) and criminality not connected to duty (C3-3) complaints respectively. Of the 42 files finalised as work files or corruption complaints (C1-0 and C3-4) in the sample, the majority 23 (55 per cent) were completed within the 152-day time frame, while 19 (45 per cent) took more than 152 days to complete. 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. IBAC recommends that Victoria Police: 75 In September 2017 Victoria Police started notifying IBAC by automated email whenever a C1-0 work file is created. 8 Independent Broad-based Anti-corruption Commission Act 2011, ss 160 and 161. This included the use of guidance notes to provide context and clarification, and regular meetings of the audit team to discuss and resolve issues. IBACs audit examined how PSC conducts investigations by considering five aspects of the complaint investigation process, namely: The following sections outline relevant Victoria Police policies applying to each area, the data collected through the audit and, where appropriate, suggestions for improvements. Comment on reasons for and/or length of extension. 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. While the reasons for the committees decision are not documented on the file, a memo from the acting superintendent suggests the application was not approved because the subject officer was about to be charged with perverting the course of justice in relation to a separate matter. 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. An allegation of criminal association involving a police officer was determined to be unfounded, as the investigation was unable to confirm that the officers associate had a criminal history or identify intelligence to suggest involvement in criminal activity. Were all relevant fields accurate and complete in ROCSID. the witnesses unwillingness to be involved (three files), the witnesses involvement in potential criminal offence (three files). On the two days of the party, the subject officer was on rest days. 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. 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. In that matter the complainant raised concerns a police officer failed to submit a declarable association and may have been involved in illegal betting. 58 VPMG, Complaint management and investigations, section 12.3. The role of PSC is to enhance and further promote a culture of high ethical standards throughout Victoria Police. He then took the next three days as sick leave (without a medical certificate) followed by a further three days of carers leave. Did timing of reclassification adversely affect notification and/or investigation? 66 This matter was ultimately classified as a work file. 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. The VPMG on complaint management and investigations states that an investigation report is to address each allegation subject to investigation by one of the following determinations shown in Figure 5.42. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. IBAC also undertakes a range of other independent oversight activities. 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). When the PSC receives a complaint, the complaint is triaged (i.e. 23 IBAC, Operation Ross: An investigation into police conduct in the Ballarat Police Service Area, November 2016. This is highlighted in the following case studies regarding organisational culture towards police who make complaints. IBACs 2016 audit of Victoria Polices complaint handling at the regional level found that where action was recommended, it usually took the form of management intervention. Comment on final letter or advice to the complainant. The 59 files audited were investigated by 33 different investigators attached to PSC. Of the 221 files closed by PSC in 2015/16, 64 files fit (29 per cent) this criteria. No other information was available on the file to indicate why the witness nominated by the complainant had not been contacted. The audit aimed to assess how the most serious complaints are handled by PSC. The Independent Broad-based Anti-corruption Commission (IBAC) audited 59 investigations run by Victoria Police's Professional Standards Command (PSC) from 2015 and 2016. Investigators are required to complete a conflict of interest form (form 1426) before commencing an investigation. Officer A told Officer B to do as requested and pre-pay the driver. a qualified independent investigator in the member's Region or Command; an Investigator at Professional Standards Command; a team or work unit responsible for any policies or procedures you identify as a problem. Count of member complained against (as recorded in ROCSID), Highest ranking member complained against, Count of officers that could not be identified. Notes on one file indicated that the public complainant, who was interstate, declined to participate further, while the other file involved a detailed report from the former officer in charge of a police station which did not require further follow up. In these matters it is assumed that the complainant is not personally aggrieved. The following discussion provides an example of an area in which Victoria Police has made progress, as well as an area for further improvement. If no: Reason for disagreeing with the number of allegations. PSC retains the most serious and complex matters for investigation. 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. Given the pivotal role of DAU advice in determining the action that will be taken in relation to a subject officer, details of the request and advice provided should be clearly documented and attached to each file. Part 7 of the Victoria Police Act states that an officer can be transferred, directed to take leave, or suspended with or without pay if: These formal interim measures only apply where criminal or disciplinary charges are contemplated. 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 .