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. The PSC investigator established the following: The investigator applied to conduct a targeted drug and alcohol test (DAT) on the subject officer. 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. People Development Command;Professional Standards Command;and Service Delivery Reform. However, in two matters it appeared civilian witnesses were identified but overlooked, and not contacted, as discussed in case study 10. However, most if not all PSC investigators have worked in other areas of Victoria Police. 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. The Victoria Police Act states that an unsworn employee can only be directed to undergo a DAT if the person works in a designated work unit or carries out a designated work function.59 RSD was not a designated area for testing. The OPP agreed and the matter proceeded to discipline hearing. providing investigators with guidance and training on the Victorian Charter of Human Rights to assist in identifying human rights that have been engaged by a complaint or incident. While 51 of the complaint investigations audited by IBAC (86 per cent) were managed on Interpose and contained activity log details, auditors were only able to identify a formal investigation plan on 12 files (20 per cent). The review identified options and recommendations for improvements to Victoria Police practice and policies. understated the number of allegations in ROCSID and the file (21 files), characterised allegations poorly in the file (seven files). 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. When the PSC receives a complaint, the complaint is triaged (i.e. 52 The no action count includes 10 allegations recorded in ROCSID as unable to determine, withdrawn, not proven, not proceeded with, not identified, no file, no action (resigned) and decline to proceed. For example, in one matter where a criminal association was alleged, the investigator only considered seven days of call charge records before concluding that there was no contact between the subject officer and the alleged associate. pursue available lines of inquiry to identify relevant subject officers in matters where no subject officers were listed in the investigation or ROCSID (five files). The majority of complaints received by Victoria Police are then referred to the Victoria Police regions, departments or commands for investigation. That report made recommendations in relation to Victoria Police complaint handling processes. Officer A told Officer B to do as requested and pre-pay the driver. The six files that took more than 20 days to allocate included one file that took 211 days to allocate to an investigator, due in part to the fact that the subject officer was attached to PSC Investigations Division. 10 Victoria Police 2015, Integrity Management Guide, paragraph 1. Professional Standards | City of Tempe, AZ In the three remaining complaints, auditors noted that police witnesses were not contacted because the investigator did not consider any to be relevant witnesses. Notes on the file and ROCSID indicate the matter was referred to the DAU for review. The Central Military Commission ( CMC) is the highest national defense organization in the People's Republic of China. Making contact with complainants in the early stages of an investigation is most important in relation to complaints received from the public to acknowledge receipt of the complaint, explain the process and clarify details of the complaint. 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. That report made recommendations in relation to Victoria Polices oversight and investigation of serious incidents including deaths or serious injuries that followed contact with police. In the other matter the police officer was served with a DCN that listed three charges for improper conduct in relation a declarable association, the purchase and sale of suspicious and stolen power tools, and secondary employment without approval. complainants in 22 of the 26 files (85 per cent) that identified a contactable complainant, civilian witnesses in 18 of the 34 files (53 per cent) that identified a contactable civilian witness. 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. Professional Standards Command - Capability | Victorian Government At present, when a determination of substantiated is reached, the investigator will recommend action which could range from criminal charges to workplace guidance. 5 Victoria Police Act 2013, s 169(2) and (3). As a result of the incident, three officers were investigated in relation to assaults on three civilians and one off-duty officer who had attempted to restrain one subject officer at the behest of his senior officer. there is sufficient evidence to charge the complainant with making a false report to police. As part of our work to determine how effectively Victoria Police handles complaints against police officers, IBAC audited a sample of investigations conducted by Professional Standards Command (PSC) during the 2015/16 financial year. Potential precedent setting decision with medium risk'. Comment on number and/or identification of members complained against, Subject officers complaint histories attached. Auditors disagreed with the determinations made by Victoria Police in 10 files (17 per cent) on the basis that there was either sufficient evidence to substantiate an allegation that was not substantiated or insufficient evidence to support determinations of exonerated, withdrawn, not substantiated or unfounded. The Professional Standards Command (PSC) is a specialist command that reports to the Deputy Commissioner Investigations & Counter Terrorism. insufficient evidence to support determinations of exonerated, withdrawn, not substantiated and unfounded (six files) for example, two drug use allegations were determined to be exonerated and unfounded without conducting a drug test or putting the allegation to the subject officer. Other shorter delays were associated with internal file movements, preliminary intelligence enquiries, and other reasons that were not clear. 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. In a matter that involved a total extension period of 255 days: the first extension request was made four months after the initial 152-day time frame expired for a C3-4. unfounded was the most common determination on an allegation basis (18 per cent of allegations). The PSC has responsibility for setting standards for performance, conduct and integrity within NSW Police. Comment on differences between determinations in the final report, the final letters and ROCSID. Auditors were only able to identify investigation plans for two of the 10 files that contained a criminal or disciplinary brief. At the conclusion of the matter, the investigator also searched for traffic offences in ROCSID, and identified eight traffic offence allegations that were relevant to the division over the previous three years. In a matter that involved a total extension period of 534 days: the first extension request was made two months after the initial 152-day time frame expired for a C3-4, the second request was made six months after the first extension expired. In the absence of clear directions and effective process, a complaint management system such as Interpose is of limited use to managers and reviewers to actively monitor the progress and audit complaint files. The extension requirements are designed to ensure that reasons for extensions are properly scrutinised and that complaint investigations progress in a timely manner. Figure 7 summarises the recommended action in the 59 audited files. The matter was reported to PSC by the local Criminal Investigation Unit (CIU) responsible for investigating the burglary. In an email to his manager, the investigator advised that his recommendation was based on verbal advice from the DAU that no further action was required because it would not be abnormal for a serving member to try to persuade the intercepting member to not take action (ie PBT/speed). Professional Standards Operations Monitoring Centre. Were all relevant police witnesses contacted? Moreover, based on this evidence, auditors considered that a determination of unable to determine would be more appropriate to reflect that the available evidence does not permit the investigating officer to establish whether the complaint is true or not. A file note of the Assistant Commissioner PSCs decision indicates he was satisfied that the subject officer asked not to be breath tested and told junior officers there goes my job. IBAC received $5 million over four years to assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources, . Our focus is on preventing corrupt behaviours involving police employees. The following is an example of a complaint that was closed prematurely without investigating the identified allegation, namely, whether the police officer had a declarable association. 27 Victoria Police 2015, Integrity Management Guide, paragraph 73. Victoria Police has internal time frames for completing complaint investigations, which vary depending on the file classification. 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. Auditors disagreed with the police officers identified as the subject of the complaint in 14 files (24 per cent). However, criminal association is explicitly identified in the IMG as an allegation that warrants classification as a complaint of criminality not connected to duty. Mr McCann is a decorated officer, a former homicide squad detective and director of the Victorian Police Association. Professional Standards Command is the central area within Victoria Police responsible for the organisations ethical health and integrity. As such, all PSC investigation reports should include commentary on the investigators consideration of the officers complaint histories. nine per cent of files had at least one allegation with a determination of substantiated. This covers sexual harassment, gender and other forms of . PSC has developed an Integrity Management Guide (IMG) to assist police officers who are required to conduct investigations into allegations of criminality, unethical behaviour and misconduct involving members of Victoria Police personnel.10 While not a formal policy under the VPM, the terminology used in the IMG suggests that all complaint investigations should be conducted in a manner consistent with the IMG. In addition, 15 allegations on work files resulted in a determination of for intelligence purposes, which is not a valid determination under the VPM. The role of the Professional Standards Command (PSC) is to enhance and promote a culture of high ethical standards throughout Victoria Police. For matters allocated to PSC, the file is sent to the Commander, Investigations Division. Contact was made with all relevant civilian witnesses in 18 of the 34 complaints (53 per cent) in which a civilian witness was identified. 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. suspension with and without pay in relation to four subject officers, revocation of an officers ROCSID access in response to an allegation of inappropriately accessing and releasing information about complaints, liaison with mental health services about a complainants welfare before seeking a formal statement to progress a complaint. 29 Victoria Police Act ss 126, 127 and 135. eight files did not contain any notes to indicate why the complainant was not advised of the outcome, two files contained notes that suggested the complainant did not want any further involvement in the matter, one file noted that the complainant was kept up to date and advised of the outcome through regular meetings.

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