Media Releases

IBAC statement: Victorian Inspectorate's report on a Victoria Police complaint

Today, the Victorian Inspectorate (the Inspectorate) tabled a special report in Parliament: IBAC's referral and oversight of Emma’s complaints about Victoria Police. IBAC Deputy Commissioner Kylie Kilgour said IBAC recognises that Emma and her children are victims of family violence perpetrated by a Victoria Police officer, and their welfare should be a priority.

Today, the Victorian Inspectorate (the Inspectorate) tabled a special report in Parliament: IBAC's referral and oversight of Emma’s complaints about Victoria Police.

IBAC Deputy Commissioner Kylie Kilgour said IBAC recognises that Emma and her children are victims of family violence perpetrated by a Victoria Police officer, and their welfare should be a priority.

“Family violence is unacceptable and there is no place for perpetrators in Victoria Police. Victims should feel safe to come forward to both Victoria Police and IBAC.

“We acknowledge Emma’s frustration with the inadequate investigation by Victoria Police and the delays in handling the complaints IBAC referred to Victoria Police in 2018 and 2021.

“IBAC completed a thorough review which enabled it to correct several issues with Victoria Police’s investigation of Emma’s 2018 complaint.

“Victoria Police is still investigating elements of the 2021 complaint, and this will also be subject to review by IBAC.”

Deputy Commissioner Kilgour said IBAC supports the intent of the Inspectorate’s recommendations which relate to policies and procedures aimed at better recording of decisions, noting that these recommendations will likely require additional resources from government to implement.

“IBAC is committed to a strong Victoria Police oversight system, which ensures complaints are addressed with both transparency and accountability.

“Victoria’s police oversight system is a mixed civilian model, in which Victoria Police are resourced to conduct the majority of the investigations of complaints.

“Without government reform to IBAC’s jurisdiction and funding, which we would welcome, IBAC has little choice but to refer matters such as Emma’s to Victoria Police.

“Through the government’s current review of Victoria’s police oversight system, IBAC has advocated for stronger powers to respond to and support victims of police misconduct.”

Deputy Commissioner Kilgour said IBAC does not wish to detract from Emma’s important story but IBAC is concerned about the process the Inspectorate followed in conducting its review.

“The Inspectorate’s report does not accurately or adequately reflect IBAC’s role and the limitations of the police oversight system in which we operate, and it therefore misses an opportunity to make meaningful recommendations for reform.”

IBAC’s detailed response on these issues is included in the final report by the Victorian Inspectorate tabled in Parliament today.

Background

IBAC's independent oversight of Victoria Police focuses on ensuring police act fairly and in accordance with the law.

Since 2018, IBAC has made significant changes to the way it oversights, and reviews Victoria Police-related complaints.

The breadth of IBAC's independent oversight of Victoria Police includes:

  • receiving complaints/notifications about the conduct of police personnel (including, complaints received by Victoria Police, which are mandatorily reported to IBAC)
  • assessing allegations about police misconduct to determine which are to be investigated by IBAC, referred to Victoria Police for action, or dismissed
  • reviewing the outcomes of Victoria Police internal investigations to check they have been investigated thoroughly and fairly. These reviews may result in recommendations for Victoria Police to strengthen its policies and procedures to address systemic police misconduct issues and risks and improve its conduct of internal investigations.
  • conducting 'own-motion' investigations (i.e. we don’t have to have received a complaint) and we have a ’standing own motion’ in relation to deaths or serious injuries after police contact
  • conducting investigations into serious or systemic police misconduct, including holding private or public examinations
  • monitoring and ensuring Victoria Police acts in response to IBAC's investigations and reviews
  • auditing how Victoria Police handles complaints
  • ·overseeing Victoria Police's compliance with five Acts of Parliament, including the Crimes Act, Drugs Poisons and Controlled Substances Act, Sex Offenders Registration Act, Witness Protection Act, Firearms Act and commencing in 2022, IBAC will also assume a compliance and reporting function in relation to Victoria Police's registration and management of human sources
  • developing and presenting prevention education and training for Victoria Police officers and employees.

Media contact: media@ibac.vic.gov.au or 0427 480 840