IBAC Victoria Police
IBAC Victoria Police
IBAC Victoria Police
OV E R S I G H T O F
V I CTO R I A P O L I C E
The community places great trust in police and Victorians want to be assured there
is thorough and effective, independent oversight of Victoria Police. IBAC performs a
crucial role in ensuring Victoria Police officers act fairly, impartially and in accordance
with the law by providing robust and independent oversight of police. Because of the
significant powers exercised by police officers, including powers to detain, search
and arrest, use force, enter premises and seize property, this oversight is important
for community safety and wellbeing.
We note that at the time of finalising this annual report, the • oversighting deaths and serious injuries associated
Parliamentary IBAC Committee inquiry into the external with police contact pursuant to a standing 'own motion'
oversight of police corruption and misconduct in Victoria investigation
was expected to be tabled before State Parliament in
• conducting private or public examinations as
September. IBAC provided detailed information and
part of our investigations into serious or systemic
evidence to assist the Committee's inquiry and to inform its
police misconduct
consideration of how police oversight may be enhanced.
Following the tabling of the report, we will look forward to • ensuring police officers have regard to the Charter of
the Government's response and note that any legislative Human Rights and Responsibilities Act 2006, including
change as a result of the Committee’s recommendations through our reviews of Victoria Police complaint
will ultimately be a matter for Parliament. investigations
Independent oversight of Victoria Police is currently • undertaking research and other strategic initiatives,
provided by: including auditing how Victoria Police handles
complaints
• receiving complaints and notifications about police
personnel conduct (including complaints received by • informing and educating the community and Victoria
Victoria Police which are mandatorily reported to IBAC) Police about police misconduct, encouraging reporting
and advising on ways corruption and police misconduct
• assessing those complaints and notifications to
can be prevented.
determine which will be referred to Victoria Police
for action, which will be dismissed, and which will be
investigated by IBAC
• reviewing investigations of selected matters that we
have referred to Victoria Police to ensure those matters
were handled appropriately and fairly
• conducting 'own motion' investigations into serious
police misconduct
65
PROVIDING INDEPENDENT OVERSIGHT OF VICTORIA
POLICE (CONT)
During 2017/18, IBAC further strengthened its police
oversight function. We have increased the number
of investigations of police matters (page 70), and will
PARLIAMENTARY INQUIRY
investigate a larger number of police matters in the future. In June 2017, the IBAC Committee, which
IBAC completed 72 reviews of complaints investigated by provides Parliamentary oversight of IBAC,
Victoria Police, to check that police handled the matters commenced an inquiry into the external oversight
appropriately and investigated them thoroughly. IBAC of police corruption and misconduct in Victoria.
will conduct more of these reviews, and is boosting our The terms of reference for the inquiry include:
capacity in this area in 2018/19. • examine the current system for the oversight of
IBAC also announced it would appoint a second Deputy police corruption and misconduct in Victoria,
Commissioner, with a focus on police oversight. This will in particular the role of IBAC and the Victorian
further build IBAC’s capacity to ensure Victoria Police Inspectorate
discharges its functions with integrity and in accordance • identify and assess best practice models for
with the law. The appointment process was in progress as the oversight of police
at 30 June.
• identify and review the main challenges to
IBAC also conducted two independent audits of how the effective oversight of complaints and
Victoria Police handles complaints (page 75). Both audits disclosures about police in Victoria
recommended a number of improvements to strengthen
Victoria Police practice. Victoria Police accepted all • consider best practice strategies to improve
these recommendations and will report to IBAC on its the oversight and investigation of police
implementation of these recommendations. corruption and misconduct and how they may
be implemented in Victoria.
IBAC released a report into police perceptions of
corruption and misconduct, which highlighted an As part of this inquiry, the IBAC Commissioner
opportunity for police to do more to raise awareness about appeared before the Committee in 2018.
misconduct and how to report it (page 77). The Committee was scheduled to report to
This chapter highlights some of the important independent Parliament in September 2018.
police oversight work undertaken by IBAC in 2017/18.
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HANDLING POLICE COMPLAINTS AND NOTIFICATIONS
IBAC receives complaints and notifications about corrupt conduct and police personnel conduct. All complaints received by
WHO WE ARE
A member of the public or Victoria Police personnel
can make a complaint about Victoria Police personnel to IBAC or Victoria Police
Consider if it is
Yes Yes Assess if the
improper conduct
Notify IBAC and therefore complaint is about
Assess to determine if a protected disclosure complaint13 a protected police misconduct
disclosure
Yes
No No No, but is police
No personnel conduct
Protected disclosure protection applied
Outcome
ENSURING ACCOUNTABILITY
IBAC considers outcome and whether
Notify IBAC of outcome
any further action is required
12
Notifications from other public sector agencies include notifications 16
Reasons for dismissed complaints include matters that: are withdrawn;
from the Victorian Ombudsman concerning police corruption and have insufficient information; are too old; have already been investigated;
misconduct, and from the Victorian Auditor-General’s Office concerning or are frivolous or vexatious. If the complaint is dismissed, the information
suspected corrupt conduct. can help IBAC develop a greater understanding of potential risks of
police misconduct, and inform prevention and education activities.
13
All complaints made by a Victoria Police officer about another Victoria
Police officer are deemed to be protected disclosures. 17
IBAC primarily investigates police matters that involve serious, systemic
and/or sensitive allegations, and which we have the capacity and capability
14
IBAC’s assessment process includes consideration of whether Victoria
FINANCIALS
67
HANDLING POLICE COMPLAINTS AND
NOTIFICATIONS (CONT)
Table 22: Allegations about Victoria Police
2013/14 2014/15 2015/16 2016/17 2017/18
Total allegations that relate to Victoria Police
received through:
Complaints made by individuals directly to IBAC 1803 1635 1697 2005 2520
Notifications and protected disclosure 833 1083 1093 1083 1154
notifications from Victoria Police
Notifications from other sources (eg 947 261 168 76 35
Victorian Ombudsman, Victorian Auditor-
General’s Office)
Note: A complaint or notification may include multiple allegations, all of which are individually assessed.
In 2017/18, there was a 26 per cent increase in the The number of allegations relating to Victoria Police arising
number of allegations concerning Victoria Police made from notifications from other sources has continued to
by individuals directly to IBAC, compared to the previous decrease. This may reflect greater awareness of IBAC’s
year. The number of notifications and protected disclosure police oversight role, as well as steps taken by the Victorian
notifications from Victoria Police remains broadly Ombudsman to encourage complaints about police
consistent with previous years. personnel conduct or misconduct to be made directly
to IBAC.
3709 26%
allegations related increase in
to Victoria Police the number
received through of allegations
complaints from concerning Victoria
individuals, and Police made by
notifications individuals directly
and protected to IBAC
disclosure
notifications
from government
agencies
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Table 23: Allegation outcomes (Victoria Police)20
WHO WE ARE
Noted23 704 1018 792 792 864
Returned 24
15 5 6 1 10
ENSURING ACCOUNTABILITY
INDEPENDENT POLICE OVERSIGHT
20
This data includes, from 2016/17, allegations which were the subject of preliminary inquiries and which were subsequently investigated,
referred or dismissed.
21
‘Referred’ is an outcome used by IBAC when IBAC determines that another public body is the most appropriate body to investigate an allegation.
In relation to allegations about Victoria Police, this outcome is predominantly used to refer allegations which come to IBAC via complaints from
individuals (rather than via Victoria Police notifications) to Victoria Police for investigation.
22
Includes allegations withdrawn or determined that no further action be taken.
FINANCIALS
23
‘Noted’ is an outcome used by IBAC when we receive notifications from Victoria Police under section 169 of the Victoria Police Act 2013. Unless
IBAC determines to investigate the notification, these matters are retained by Victoria Police for action. IBAC ‘notes’ their receipt and when the
outcome report at the completion of action taken by Victoria Police is provided, IBAC may then determine to review Victoria Police’s investigation.
24
‘Returned’ is an outcome used when IBAC receives a notification under section 21 or 22 of the PD Act and determines the disclosure is not a
‘protected disclosure complaint’. Because the notification does not engage the IBAC Act, it does not result in an assessment under section 58 of the
IBAC Act to refer, dismiss or investigate. Such matters are recorded as being ‘returned’ to the notifying agency (including Victoria Police).
69
EGDI:8I>C<ǑI=DH:ǑL=DǑG:EDGI
As part of our assessment of complaints and notifications, Under the PD Act, only specific agencies including IBAC
IBAC determines which matters warrant protected and Victoria Police can investigate complaints that have
disclosure status. Following legislative changes in protected disclosure status. IBAC determines which agency
2015/16, all complaints made by a police officer about is best placed to investigate the particular complaint and
another officer, are automatically defined as ‘protected refers the matter to that agency for investigation. IBAC
disclosures’ under section 3 of the PD Act. primarily investigates police matters that involve serious,
systemic and/or sensitive allegations, and which we have
Since this legislative change, there has been a steady
the capacity and capability to best handle.
increase in the number of protected disclosure
allegations, made by individuals as well as those made by Most complaints/notifications were referred to Victoria
Victoria Police as mandatory notifications. In 2017/18, Police because it was assessed as the more appropriate
450 allegations were assessed as protected disclosures. body to handle the particular matters.
As highlighted in the table below, the number of these
complaints has increased since 2015/16.
Table 24: Allegations assessed as protected disclosures due to the allegations coming from a police officer and
relating to another police officer (as per section 5 of the PD Act)
2013/1425 2014/15 2015/16 2016/17 2017/18
Complaints made by individuals directly n/a n/a 121 172 206
to IBAC26
Notifications from Victoria Police n/a n/a 231 202 244
Protected disclosure outcomes:
Dismissed27 n/a n/a 27 109 155
Referred n/a n/a 325 265 291
(included 7 noted)
Investigated n/a n/a 0 0 4
25
Data from 2013/14 and 2014/15 not provided due to legislative changes.
26
A complaint may include multiple allegations, all of which are individually assessed.
27
This may include matters that: are withdrawn; have insufficient information; are too old; have already been investigated; or are determined to be
frivolous or vexatious. If a complaint is dismissed, the information may be used to help IBAC develop a greater understanding of potential risks of
police misconduct, determine trends or patterns, and inform prevention and education activities.
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INVESTIGATIONS OF ALLEGATIONS
CONCERNING VICTORIA POLICE
In 2017/18, IBAC had 27 active investigations into MISUSE OF INFORMATION
WHO WE ARE
Below (and on the next page) are examples of IBAC
investigations into police misconduct during 2017/18. Operation Light
IBAC investigated allegations that a detective leading
ENSURING ACCOUNTABILITY
Police Station in September 2017. In February 2018,
IBAC charged a senior constable with two counts of
unlawful assault.
27
active investigations
and preliminary
INDEPENDENT POLICE OVERSIGHT
inquiries into
alleged misconduct
or corrupt conduct
by police officers
FINANCIALS
71
INVESTIGATIONS OF ALLEGATIONS
CONCERNING VICTORIA POLICE (CONT)
Operation Cygnet: use of drugs of dependence Operation Oxley: perjury
and misuse of information In 2016, IBAC commenced an 'own motion' investigation
In January 2017, IBAC commenced an 'own motion' into allegations that a senior constable (Senior Constable A)
investigation28 into allegations that a detective leading had attained the security clearance needed for a position, by
senior constable had used and trafficked drugs of providing false information. IBAC’s investigation substantiated
dependence, and had unlawfully accessed and disclosed this allegation and found that the senior constable had asked
Victoria Police information. IBAC found the officer had two colleagues (a senior sergeant and a senior constable)
used drugs of dependence and had unlawfully accessed to corroborate false information in referee reports. Senior
and used Victoria Police information, but did not Constable A had also provided a false statutory declaration in
substantiate allegations that he had trafficked drugs or support of the security clearance application.
disclosed Victoria Police information. The officer resigned In October 2017, Senior Constable A pleaded guilty to
while under investigation. perjury and was fined $8000 without conviction. As a
IBAC’s investigation identified the officer used secure result of this conduct, he received an admonishment notice
Victoria Police databases to determine if associates from Victoria Police. According to Victoria Police policy,
from whom he was buying drugs were the subject of admonishment notices are intended to be used for minor
police attention. The officer worked in highly sensitive breaches of discipline. They are an alternative to the formal
environments and was subject to drug testing; however, discipline process. As the misconduct was dishonest, had
before the investigation, he had been subject only to urine resulted in criminal offending and was inconsistent with
tests which did not return positive results. It is likely the Victoria Police values, IBAC raised concerns about this
officer’s drug use would have been detected through a outcome with Victoria Police.
hair strand drug test because hair testing is more likely to IBAC made recommendations to Victoria Police as a result
provide indications of long-term use. of this investigation, including that Victoria Police seek
Following Operations Apsley, Yarrowitch and Hotham, advice from the Australian Government Security Vetting
which investigated allegations that police officers were Agency regarding best practice in ensuring adherence
involved in the use, possession and trafficking of illicit to security clearance processes, including checking
drugs, in December 2016 IBAC recommended that the veracity of information provided by applicants and
Victoria Police develop a more robust framework to referees. As at 30 June 2018, IBAC was waiting for a
prevent and detect illicit drug use by police, including response from Victoria Police.
reviewing the adequacy of the testing regime. IBAC
requested that the issues identified in Operation Cygnet Operation Turon: Conduct of a former
be considered in that response. Victoria Police was due Assistant Commissioner
to provide a final report on this work to IBAC by 30 June IBAC is investigating allegations regarding the conduct
2018, however it has advised that work has been delayed of a former Assistant Commissioner for Professional
due to consideration of an internal audit on management Standards Command (PSC). PSC is the central area within
of internal illicit drug use. Victoria Police responsible for the organisation’s ethical
health and integrity. The allegations concern the posting of
inappropriate material using pseudonyms while Assistant
Commissioner PSC.
IBAC is examining the extent to which the alleged
actions may have affected Victoria Police investigations and
outcomes where racism or other forms of discrimination or
human rights law may have been relevant. This has involved
checking more than 200 complaint files handled by Victoria
Police, to consider whether the decision-making in the
investigation and any associated disciplinary action was
robust and defensible. As a result of this process, certain
matters will be subject to a full review by IBAC to assess
whether the complaint investigation was thorough and to
identify possible systemic changes in practices.
28
IBAC may decide to investigate corrupt conduct or police misconduct on our 'own motion', in addition to investigating matters as a result of
complaints from individuals and notifications from public sector bodies. IBAC can start an ‘own motion’ investigation at any time, in relation to any
matter that falls within our jurisdiction.
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IBAC REVIEWS OF VICTORIA POLICE
COMPLAINT INVESTIGATIONS
When IBAC refers complaints and notifications to IBAC selects matters for review because the matter
WHO WE ARE
practices. IBAC may also decide to review a matter after excessive use of force, treatment of vulnerable persons
reviewing the outcome of a Victoria Police investigation. and information misuse.
In 2017/18, IBAC conducted 72 reviews of Victoria Below are examples of Victoria Police complaint
ENSURING ACCOUNTABILITY
files as part of Operation Turon (page 72). When IBAC reviewed the matter, we found that the
investigation was inadequate because it placed too
IBAC is committed to boosting our capacity to increase much weight on some evidence, selective weight on
the number of reviews conducted, to ensure complaints other evidence and too little weight on other parts of
handled by Victoria Police are investigated thoroughly the evidence.
and appropriately.
In response, Victoria Police reassessed the evidence,
and subsequently changed the determination from
INDEPENDENT POLICE OVERSIGHT
29
The main reason why files are returned as deficient is because insufficient detail is provided.
30
No data is available for 2013/14 because there were significant changes to how information was recorded with the establishment of IBAC.
73
IBAC REVIEWS OF VICTORIA POLICE COMPLAINT
INVESTIGATIONS (CONT)
Harassment investigation found to be
grossly inadequate REVIEWS OF COMPLAINT
In 2013, IBAC received a complaint from a senior sergeant INVESTIGATION OUTCOMES
alleging workplace bullying and sexual harassment.
IBAC determined the matter was a protected disclosure As well as reviewing how Victoria Police conducted
complaint and referred it to Victoria Police to investigate. complaint investigations, during 2017/18 IBAC
The investigation was then reviewed by IBAC in 2015. scrutinised outcomes of a broad range of complaint
files. This work was prompted by concerns with the
IBAC found the Victoria Police investigation was grossly way in which Victoria Police determines outcomes
inadequate. Concerns raised included: of complaints and how the disciplinary regime
• the allegations had been considered individually rather is applied.
than as a course of conduct of alleged bullying Based on an examination of 36 complaint files,
• the identity of the complainant had been disclosed to IBAC raised concerns with Victoria Police about
the subject of the complaint, despite the complainant the need to improve its practices in this area. Our
having protected disclosure status concerns included the use of low-level sanctions
• the investigation took too much time (such as admonishment or workplace guidance)
• a failure to consider Victoria Police bullying and sexual instead of initiating disciplinary or criminal
harassment policies, and to seek expert assistance on proceedings for serious misconduct.
these issues within the organisation For example, one matter examined by IBAC and
• a failure to interview all relevant witnesses raised with Victoria Police was a police investigation
• reliance on unsupported, subjective opinions which substantiated allegations that a senior
constable made false entries on Victoria Police’s
• inappropriate liaison with officers considered by the case management system as well as in their diary
complainant to be subject officers that they had collected CCTV footage from a
• a failure to consider/investigate the conduct of officers service station which had been the subject of an
nominated by the complainant. armed robbery. The officer also falsified a disk
In response, in 2016 Victoria Police engaged a consultant as an claiming it was the CCTV footage collected, and
independent third party who conducted further investigations prepared a false witness statement attesting that
and confirmed IBAC’s concerns. The full investigation file was the officer had collected the CCTV footage. The
provided to IBAC to review in August 2017. IBAC found that the senior constable lied to their supervisors and PSC
independent review was comprehensive and systematic. Two investigators, including in a disciplinary interview
allegations were substantiated and the main officer who was (conducted under section 171 of the Victoria Police
the subject of the complaint was admonished. Organisational Act 2013 (Victoria Police Act)) . The officer did make
learnings were also identified by police to improve the way in full admissions after a break in the interview.
which allegations of sexual harassment and workplace bullying The Assistant Commissioner PSC determined
are investigated. Recommendations have been or are being that the officer should receive an admonishment,
actioned by Victoria Police. although the substantiated allegations did not
represent a minor breach of discipline. IBAC did not
consider this an appropriate disciplinary outcome.
IBAC is continuing to examine issues concerning
outcomes of complaint investigations by Victoria
Police and is raising systemic concerns and
concerns relating to specific cases.
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AUDITS OF COMPLAINTS HANDLED
BY VICTORIA POLICE
As part of our police oversight work, IBAC conducts audits • failure to consistently consult with the Office of Public
WHO WE ARE
incidents involving its officers that result in death or serious
IBAC made five recommendations to Victoria Police to
injury, or the risk of death or serious injury, to members of
improve the way in which PSC investigates complaints.
the public. The audit examined how Victoria Police handled
All recommendations were accepted by Victoria Police.
142 oversight files closed during 2015/16.
ENSURING ACCOUNTABILITY
final report by March 2019. oversight files found that almost one-third of oversight files
examined did not address human rights, despite human
Audit of complaints investigated by Victoria rights being a key oversight principle. The audit of PSC
Police Professional Standards Command complaints also found that about one-third of files did not
adequately address human rights issues (see next page).
During the year, IBAC also audited a sample of files
investigated by PSC. The audit examined the adequacy
of police handling of complaints involving more serious
INDEPENDENT POLICE OVERSIGHT
75
ENSURING POLICE OFFICERS HAVE REGARD TO
THE CHARTER OF HUMAN RIGHTS
Under the IBAC Act, IBAC has an important obligation In November 2016, IBAC reported on Operation Ross,
to ensure Victoria Police officers have regard to the an investigation into the alleged excessive use of force
Charter of Human Rights. Victoria Police complaints and against several people at the Ballarat Police Station.
notifications received by IBAC are assessed to identify if IBAC recommended that Victoria Police review and
the allegation may involve a potential breach of a Charter enhance its human rights training to improve officers’
right. The identification of potential human rights breaches understanding of and compliance with the Charter of
is an important factor to be considered when determining Human Rights. IBAC also recommended that Victoria
whether an allegation will be investigated by IBAC, or Police ensure officers understand and comply with policies
reviewed if referred to Victoria Police for investigation. on searches, highlighting the need for officers to uphold
the human rights of the person being searched.
IBAC also provides feedback to Victoria Police on human
rights identified in the course of IBAC’s audits of how In April 2018, Victoria Police provided a progress
Victoria Police handles complaints. As noted above, human report on its implementation of the Operation Ross
rights have been considered in investigations of excessive recommendations. Victoria Police has developed a human
use of force, and in relation to the investigation into rights e-learning module and facilitator-led training, and
allegations regarding the conduct of a former Assistant incorporated human rights into other programs including
Commissioner PSC. foundation and promotion training. IBAC has requested
further information on Victoria Police’s work in this area.
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CONCERNS ABOUT THE CLASSIFICATION OF
LOW-LEVEL COMPLAINTS (LMR AND MIM MATTERS)
Complaints received by Victoria Police are triaged For three months from January 2018, IBAC monitored
WHO WE ARE
service complaints) should be classified as LMR or MIM potential misconduct and therefore, in IBAC’s view, were
because the focus is on developmental, rather than wrongly classified by Victoria Police. These matters should
punitive, action for the officer subject to the complaint. have been notified to IBAC to enable an independent
assessment to determine what, if any, action would
Victoria Police has not considered LMR or MIM matters to
ENSURING ACCOUNTABILITY
and honesty.
However, the research also highlighted a large proportion
of respondents were concerned they would experience
Perceptions of corruption
personal repercussions if they reported misconduct or Survey of Victoria Police employees
77
MONITORING VICTORIA POLICE COMPLIANCE
WITH VARIOUS ACTS
As part of our police oversight role, IBAC monitors Drugs, Poisons and Controlled Substances
Victoria’s Police’s compliance with various Acts, including: Act 1981
IBAC inspects Victoria Police certificates of health and
Sex Offenders Registration Act 2004 safety destruction or disposal of specified material found
IBAC monitors Victoria Police Sex Offender Registry on public land or private land (where permission has been
compliance with parts three and four of the Sex Offenders given). IBAC inspection reports are provided to the Minister
Registration Act 2004. IBAC inspection reports are now for Police.31
provided to the Minister for Police for tabling in each
House of Parliament. Firearms Act 1996
Legislation commencing on 9 May 2018 created three
Witness Protection Act 1991 IBAC oversight functions in relation to the firearms
IBAC monitors Victoria Police compliance with the prohibition order scheme: a quarterly case review,
recordkeeping requirements in the Witness Protection Act a standing monitoring power and biennial ministerial
1991. IBAC inspection reports are provided to the Minister reporting. IBAC ministerial reports are tabled in each
for Police. House of Parliament. During this commencement
phase, IBAC was not required to review any firearm
prohibition orders.
31
Due to necessary legal restrictions, the content of inspection reports related to the Witness Protection Act 1991 and the Drugs, Poisons and
Controlled Substances Act 1981 cannot be detailed.
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