Sector profile

• ​​​​​​Oversight of police misconduct in Victoria is a mixed civilian review system, under which both Victoria Police and IBAC have a role in receiving, handling, assessing and investigating complaints about police misconduct. Victoria Police’s Professional Standards Command (PSC), which in June 2023 has 195 police officers and 35 public service staff, has a significant role in investigating police misconduct. IBAC has a role in investigating the most serious matters. Other matters IBAC refers to PSC, many of which are subject to active monitoring or review by IBAC.
• Approximately 54% of allegations received by IBAC between 1 July 2018 and 31 December 2022 relate to Victoria Police. This is partly due to policing’s specific corruption and misconduct risks and challenges, which are linked to the significant powers police are given to keep the community safe, as well as IBAC’s police oversight role. IBAC investigates approximately 1% of allegations received against Victoria Police, due to IBAC’s legislated requirement to prioritise serious and systemic police misconduct and corruption and resourcing constraints, with 60% of allegations received by IBAC dismissed. In accordance with the IBAC Act, 37% of allegations were referred to Victoria Police as the more appropriate body to investigate, with many of these marked for IBAC to review once completed. 
• Approximately one quarter of IBAC’s investigations into police involve allegations of excessive use of force, with many of these focused on Victoria Police interactions with people who are diverse or experience vulnerability or marginalisation. These investigations can result in court action and recommended prevention actions for Victoria Police to implement to minimise the risk of excessive use of force. 
• Improper police responses to, or investigations into, police perpetrated family violence and predatory behaviour continue to be a focus for IBAC due to it being an issue of serious police misconduct that presents severe risk to public confidence in police. Additionally, these cases have an increased risk of poorly managed conflicts of interest. This includes the risk of investigations into police personnel being poorly handled due to the impact that any criminal charges/outcomes may have on a police officer’s employment. Recent changes to Victoria Police policy and the establishment of a dedicated unit within Victoria Police to investigate these incidents will be monitored by IBAC to ensure effective implementation.
• The number and type of cases and allegations received by IBAC about particular stations in the four Victoria Police regions and particular units within Commands and Departments are often influenced by the relative size and population of the areas they cover, the number of personnel and their levels of interaction with the community.​

The most common types of alleged behaviour 

• Inaction – such as, failure to take sufficient or appropriate action, failure to obey instructions or policies and failure to properly investigate
• Breach of professional boundaries – such as, rudeness, bullying and harassment and exceeding delegated powers
• Force – such as physical violence and threats
• Criminal behaviour – such as sexual harassment or offences, breach of court orders and stalking
• Misuse of resources – such as unauthorised disclosure, disposal, use or access of information.

Key enduring police misconduct and corruption risks 

• Excessive use of force
• Favouritism, including poorly managed conflicts of interest
• Inaction, including obscuring behaviours such as failure to investigate or report colleagues’ misconduct or lying to protect a colleague
• Organised crime infiltration of police or police having friendships or other associations with criminals
• Use of illicit drugs which exposes officers to blackmail and compromise
• Misuse of resources, particularly the unauthorised access and disclosure of police information for personal benefit
• Predatory behaviour or other abuses of position for a sexual purpose, and sexual harassment
• Bullying and harassment.

Key prevention and detection strategies

• Early intervention in complaints management
• Effective use of force recording and analysis
• Strong conflict of interest and declarable association frameworks
• Information security management including effective systems and audit regimes
• Risk assessment strategies underpinned by regular training and audits
• Regularly reinforced policies and procedures
• Positive workplace culture, including the fostering of a ‘speak up’ culture and protections for public interest complainants
• Ethical leadership from all ranks.

Victoria Police faces specific corruption and misconduct risks and challenges, which is linked to the significant powers police are given to keep the community safe. These powers include use of force, powers to search, detain, and arrest people; enter, search and seize property; and access sensitive information. These help police to enforce the law, undertake investigations of crime and provide public order services.

Workforce data

Victoria Police’s workforce of 21,926 employees (by headcount) include police officers working in general duties and specialist units (16,454), recruits at the Academy and reservists (71), protective services officers (1459), police custody officers (392) and public service staff (3185), as included in its Annual Report 2021/22.

General duties officers are based at police stations across metropolitan and regional Victoria and respond to calls (including for emergencies) and inquiries and undertake non-complex investigations. Some general duties officers also conduct complex investigations when qualified and experienced to do so. Specialist units investigate and respond to crime themed-based matters such as arson, homicide and sex crimes. Public service employees work in support of both in areas such as administrative, legal, intelligence and forensic support.

Protective services officers undertake a public facing inquiring role to protect community safety, not an investigative role.

Policing has traditionally been, and remains, a male dominated occupation. This results in an underrepresentation of women in sworn policing positions, with approximately 70% of police officers being men (see Table 1). Victoria Police is working towards having a more diverse workforce that reflects gender representation in the community, recognising that this benefits the workforce and the community, and enhances police responses, especially for those who have experienced gendered violence.

Legislation

Victoria Police powers are legislated under a range of state and Commonwealth legislation, including the Victoria Police Act 2013 and Victoria Police Regulations 2014. The Public Administration Act 2004 also applies to public service staff. Additionally, Victoria Police has some powers under common law.

IBAC’s remit covers the whole Victorian public sector. Within this broad jurisdiction, an important and highly visible function of IBAC is its independent oversight of Victoria Police.

IBAC’s independent oversight of Victoria Police focuses on ensuring police act fairly, impartially and in accordance with the law, including ensuring police officers have regard to the Charter of Human Rights and Responsibilities Act 2006 (Vic). This independent oversight is critical because of the significant powers exercised by police officers, including the use of force and powers to detain, search and arrest.

To provide independent oversight of Victoria Police, IBAC:

• receives complaints and notifications about police personnel conduct (including complaints received by Victoria Police, which are mandatorily reported to IBAC)
• assesses these complaints and notifications to determine which are to be referred to Victoria Police for action, which are to be dismissed and which are to be investigated by IBAC
• monitors and reviews investigations of selected matters that IBAC has referred to Victoria Police to ensure those matters are handled appropriately and fairly
• conducts ‘own-motion’ investigations (that is, where we investigate without receiving a complaint) and we have a ‘standing own motion’ in relation to deaths or serious injuries after police contact
• conducts private or public hearings as part of IBAC investigations into serious or systemic police misconduct
• undertakes research and other strategic initiatives, such as auditing how Victoria Police handles complaints
• oversees Victoria Police’s compliance with five Acts, including the Drugs, Poisons and Controlled Substances Act 1981 (Vic), Witness Protection Act 1991 (Vic), Firearms Act 1996 (Vic), Crimes Act 1958 (Vic) and the Sex Offenders Registration Act 2004 (Vic) (in addition, IBAC will also assume a compliance and reporting function in relation to Victoria Police’s registration and management of human sources, commencing in 2024)
• informs and educates the community and Victoria Police about police misconduct, encouraging the reporting of, and advising on ways that corruption and police misconduct can be prevented
• makes recommendations for Victoria Police to strengthen its policies and procedures to address systemic police misconduct and improve its conduct of internal investigations. We also monitor and publicly report on their implementation.

Systemic review of police oversight

The Department of Justice and Community Safety is conducting a systemic review of police oversight in Victoria. The review is a key recommendation of the Royal Commission into the Management of Police Informants. The review will consider the design of the Victorian police oversight system, including:

• the external oversight of police’s use of significant powers by independent integrity agencies
• complaints and disclosures about police misconduct and corruption
• how these complaints may be responded to (either via informal resolution, formal complaints resolution processes or investigation and/or disciplinary processes).

In mid-2022, the public consultation process closed, and the Department is reviewing feedback and drafting legislation for reform. 

• Almost all Victoria Police employees (95%) agree that they know what behaviour constitutes corruption.
• Over half of Victoria Police employees believe a report of corruption would definitely (29%) or probably (27%) be taken seriously.
• The behaviours considered to be a high risk of occurring are favouritism (52% of respondents) and breach of professional boundaries (43% of respondents).
• Most Victoria Police employees (84%) agree that police misconduct happens in Victoria. Most believe police misconduct occurs in Victoria but not in their workplace; the exception is for employees working in regional locations who are more likely to believe police misconduct is a problem in their workplace.
• Most Victoria Police employees rate the ethical culture of their organisation as strong (34%) or moderate (50%). The remainder rate the ethical culture as weak (16%).
• Victoria Police employees exhibit strong agreement that ‘If I personally observed corruption or misconduct I would definitely report it’. 63% would report serious corruption and misconduct to Victoria Police’s Professional Standards Command (PSC).
  • There were mixed views from survey respondents about whether complaints are taken seriously, with longer serving police personnel (over 20 years) more likely to believe a report of corruption would ‘definitely’ be taken seriously.

One of IBAC’s core functions is to receive and assess complaints (from the public) and notifications (from departments and agencies) alleging public sector corruption or police personnel misconduct. IBAC also receives complaints about a range of other conduct it cannot investigate because it is not alleged corruption or misconduct. 

IBAC considers complaints made about corruption and misconduct (including improper conduct under the Public Interest Disclosure Act 2012 (Vic) (PID Act) concerning a public officer or a member of Victoria Police personnel. IBAC also receives mandatory notifications from principal officers of public sector departments and agencies and Victoria Police. A single complaint or notification may contain several separate allegations that are individually assessed to determine an appropriate outcome. Possible outcomes of our assessment of each allegation are:

• investigate
• refer the allegations to another agency
• dismiss, generally because they did not involve corrupt conduct or police misconduct; were outside the scope of who we investigate; lacked substance or credibility, or were frivolous or vexatious; or have otherwise already been dealt with by IBAC or another agency
• for PID notifications, return the allegations to the notifying agency if IBAC assesses the original complaint as not being a public interest complaint
• take no further action.

This profile includes data about allegations received by IBAC. There are limitations with the use of this data, including:

• allegations are unsubstantiated at the time of receipt
• allegations can be incomplete, lack detail, be from an anonymous source or may not individually name the subject person of the allegation
• allegation data is not a comprehensive or reliable indicator of the actual prevalence of particular activities, or the risk mitigation practices and compliance activities already in place.

Despite these limitations, analysis of allegations can assist in identifying trends or patterns and provide practical examples of identified trends.

The following data includes allegations received and assessed by IBAC between 1 July 2018 and 31 December 2022. It does not contain the outcomes of any investigations undertaken as a result of these allegations. It also does not contain any notifications made to IBAC under section 169 of the Victoria Police Act 2013 (Vic), however, allegations from these notifications will be added in the coming months. 

• Special report concerning police misconduct issues and risks associated with Victoria Police’s Critical Incident Response Team (2022)
• Operation Dawson – An investigation into alleged misconduct by a former Victoria Police Superintendent (2021)
• Operation Turon – An investigation into alleged misconduct by a former Victoria Police Assistant Commissioner (2021)
• Operation Gloucester – An investigation into improper evidentiary and disclosure practices in relation to the Victoria Police investigation of the murders of Sergeant Gary Silk and Senior Constable Rodney Miller (2020)
• Operation Ross – An investigation into police conduct in the Ballarat Police Service Area (2016)
• Operation Darby – An investigation of Mr Nassir Bare’s complaint against Victoria Police (2016)
• Special report concerning illicit drug use by Victoria Police officers: Operations Apsley, Hotham and Yarrowitch (2016)
• Special report concerning police oversight (2015)
• Special report concerning allegations about the conduct of Sir Ken Jones QPM in relation to his dealings with certain confidential Victoria Police information (2014)

• Operation Wingan investigation summary – use of force incident in Epping (2021)
• Operation Lynd investigation summary – conduct of officers at the Hares & Hyenas bookstore, and the cause of serious injury to a person (2020)
• Operation Yalgar case study - unlawful entering of residence, assault and unlawful arrest (2019) 
• Operation Styx investigation summary - inappropriate information disclosure by a police member regarding an internal police investigation (2016)
• Operation Blyth investigation summary - allegations that a vulnerable woman had been assaulted and mistreated by officers while in the custody (2016)
• Operation Warrego investigation summary - unauthorised access to AUSTRAC financial transactions database by a Victoria Police officer (2016)
• Operation Herbert investigation summary - inappropriate disclosure of information regarding a person in witness protection (2014) 
• Operation Tamar investigation summary – false issue of penalty notices (2014)

• IBAC’s Operation Turon investigation (2021)
• IBAC’s police oversight role (2020)

• Systemic review of police oversight (consultation closed 1 February 2022) 
• Victorian Auditor-General’s Office - Audit of the management of bodyworn cameras (2022) 
• Royal Commission into the Management of Police Informants (Final Report) (2020)

• Law Enforcement Conduct Commission (NSW)
• National Anti-Corruption Commission (NACC) formerly Australian Commission for Law Enforcement Integrity (ACLEI)
• Crime and Corruption Commission (Queensland)
• Corruption and Crime Commission (Western Australia)
• Integrity Commission (Tasmania)
• Independent Commission Against Corruption (Northern Territory)
• Independent Commission Against Corruption (South Australia)

• Independent Police Conduct Authority (NZ)
• College of Policing (UK)
• Independent Office for Police Conduct (UK)
• Police Ombudsman for Northern Ireland
• Police Investigation and Review Commissioner for Scotland
• Office of the Police Complaint Commissioner (British Columbia, Canada)
• Office of the Independent Police Review Director (Ontario, Canada)