Media Releases

IBAC Commissioner the Honourable Robert Redlich AM, QC said IBAC undertook a thorough investigation to examine the conduct of police and to determine if it was lawful. "The situation in Epping was dynamic and unpredictable. Police were dealing with an agitated and distressed person having a mental health episode, and whose actions had the potential to endanger themselves, members of the community and the police officers."

"Victoria Police officers used escalating levels of force in their attempts to get the situation under control. Less forceful options such as verbal directions, capsicum spray and a baton strike were used first, but did not work. IBAC reviewed the available police body worn camera footage, CCTV and other recordings during our investigation and it confirmed how volatile the situation was."

"Considering all the evidence gathered, IBAC found the force used by police officers at the scene was lawful in the circumstances. However, IBAC has identified several areas of concern which present police misconduct risks," Commissioner Redlich said.

IBAC found that Victoria Police officers at the scene did not inform the person of the reason for their detention at the time or shortly after they were detained, as required by Victoria’s Charter of Human Rights and Responsibilities Act. In addition, the police officers failed to provide the person with appropriate aftercare for exposure to capsicum spray and two officers directed unprofessional comments at the person.

IBAC found other vulnerabilities that might expose Victoria Police to an increased risk of police misconduct including the failure of some officers to activate body worn cameras, the use of a police vehicle against the person, uncoordinated deployment of officers from the Critical Incident Response Team (CIRT) and inaccuracies with use of force reporting. Further, the officers who responded to this incident had not yet received dedicated training developed by Victoria Police to improve officers’ responses to mental health-related incidents.

"Mental health-related incidents add an additional layer of complexity to the often challenging situations to which Victoria Police officers respond. Our investigation highlights the importance of a key recommendation by the Royal Commission into Victoria's Mental Health System to implement ongoing training for Victoria Police officers in the management of mental health-related incidents and that where possible, health professionals - rather than police - should lead responses to people experiencing a mental health crisis, and responses requiring both ambulance and police should be led by paramedics," Commissioner Redlich said.

IBAC's Commissioner has written to the Chief Commissioner of Victoria Police, with recommendations that Victoria Police take actions in response and report back to IBAC on the actions taken within six months.

To report public sector corruption or police misconduct now, visit www.ibac.vic.gov.au/report or call 1300 735 135.
 

Background: Operation Wingan

Operation Wingan was an investigation by the Independent Broad-based Anti-corruption Commission (IBAC) into the conduct of Victoria Police officers during the apprehension of a person (Person A) at Epping, Victoria on 13 September 2020.

IBAC may investigate police personnel conduct in response to a complaint or a notification from Victoria Police, or on its 'own motion'. IBAC decided to investigate the conduct after receiving a complaint from a member of the public about the way police treated Person A.

The investigation considered the facts and circumstances leading up to Person A's apprehension, Victoria Police's apprehension of Person A including the force used against them and whether criminal charges should be laid in relation to the force that was used and the actions of Victoria Police officers following the apprehension of Person A.

IBAC's examination of the available evidence from various sources included:

• material from Victoria Police related to the incident including body worn camera footage
• other video footage including from CCTV and material recorded by members of the public
• recordings of calls to triple zero and police radio communications
• interviews and witness statements from police, members of the public (including Person A) and expert witnesses.

Based upon all the evidence gathered, IBAC concluded that the level of force used by Victoria Police Officers was lawful in all the circumstances and that the laying of criminal charges against these officers was not appropriate.

IBAC found that Victoria Police officers may have acted inconsistently with the person's human rights as required by the Charter of Human Rights and Responsibilities, including not informing the person of the reason for their detention at the time or shortly after they were detained.

IBAC also found that officers directed unprofessional comments at Person A at the scene after their apprehension.

IBAC identified several vulnerabilities that might expose Victoria Police to an increased risk of police personnel misconduct including poor practice with respect to:

• the activation of police body worn cameras (BWCs)
• the provision of capsicum spray aftercare
• how the officers’ use of force was reported and recorded
• the deployment of officers from the Critical Incident Response Team (CIRT)
• the delivery of mental health awareness training to police officers.

IBAC also considered that the circumstances and manner in which it would be appropriate to use a police vehicle against the person should be explicitly addressed by the Victoria Police Tactical Options Model.

IBAC has previously identified broader concerns with the CIRT and is preparing a special report on these issues to be tabled in Parliament in 2022.

See also: Operation Wingan investigation summary
 

Background: Recent Victoria Police prosecutions

Operation Blackmore (3 June 2021)

IBAC charged three Victoria Police officers with negligently causing serious injury

The charges followed an IBAC investigation, Operation Blackmore, into an incident that occurred in Warrnambool in November 2017.

The first court appearance will be at the Warrnambool Magistrates' Court on 1 November 2021.

Operation Langlo (18 May 2021)

IBAC charged a Victoria Police Leading Senior Constable with recklessly causing injury and common assault.

The charges followed an IBAC investigation, Operation Langlo into an alleged assault that occurred in Warrnambool in July 2020 while the Leading Senior Constable was on-duty.

The first court appearance will be at the Warrnambool Magistrates' Court on 4 October 2021.

Operation Henty (3 March 2021)

Two Victoria Police officers had their guilty verdicts and penalties re-imposed in the County Court of Victoria.

Senior Constable Florian Hilgart and Senior Constable Brad McLeod had appealed after being found guilty of assault offences arising from an IBAC investigation.

IBAC's investigation, Operation Henty, examined allegations of excessive force by Victoria Police officers when they attended a house in Preston to conduct a welfare check on a pensioner in September 2017. The incident was captured on CCTV.

In July last year, Senior Constables Hilgart, McLeod and John Edney were found guilty of assault offences without conviction in the Magistrates' Court. All three officers were ordered to pay a sum into the court fund. Senior Constable Edney did not appeal.
 

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