Top cop issues reported
Victoria's anti-corruption watchdog has revealed ongoing misconduct issues with Victoria Police's Critical Incident Response Team (CIRT).
Victoria Police's Critical Incident Response Team (CIRT) has been the subject of complaints about the excessive use of force by officers, and a report tabled in parliament this week by the Independent Broad-based Anti-corruption Commission (IBAC) identified repeated failures of CIRT officers to accurately report their use of force.
It also revealed a lack of adherence to the Charter of Human Rights, inadequate risk assessment and poor communication.
A number of incidents between 2017 and 2020 resulted in complaints being made to IBAC, including the shooting by police of two people at a nightclub, which resulted in a significant compensation payout from Victoria Police.
IBAC had already found Victoria Police did not properly assess the planning and actions of the police officers involved in the incident.
IBAC also investigated an issue in which police officers broke a man's arm during a raid on a bookshop in 2019. In that matter, IBAC cleared police of using excessive force, but found the man's human rights were breached when police failed to tell him why he was being arrested.
IBAC Deputy Commissioner Kylie Kilgour this week said the latest report showed risks and vulnerabilities undermine the work of CIRT officers.
“Inconsistencies in reporting reduces the transparency of CIRT's use of force on members of the public,” she said.
“Inadequate risk-assessment processes increase the risk that CIRT officers will use force on members of the public that may result in serious injuries.
“This is particularly relevant to CIRT, due to the nature of the incidents to which it responds and the additional weapons CIRT officers regularly use.”
IBAC called on Victoria Police to improve its use-of-force reporting and strengthen operational risk assessments for CIRT officers.
The watchdog also questioned the gender diversity of CIRT, as 90 per cent of officers are male.
Victoria Police says it will consider IBAC's recommendations.
“Each of the historic IBAC investigations mentioned in the report have been subject to previous recommendations which Victoria Police accepted,” a spokesperson said.
“As many in the community would be aware the Critical Incident Response Team operates in a complex environment that involves significant risk to the public, other police and CIRT members.
“Victoria Police has committed to achieving sustainable gender equality by 2030 and recently released an action plan to drive meaningful progress towards that goal over the next two years.”
Victorian Premier Daniel Andrews said police are moving to address the issues.
“In my discussions with [Victoria Police Commissioner] Shane Patton and other members of police command, they know and understand that there are cultural issues that need to be dealt with and they are working very hard, certainly over our time in office, to deal with those,” he said.
“Because it's a serious matter, it's not dealt within a week or a month, it does require intensive effort.
“The vast, vast majority of members of Victoria Police are there to keep us safe and [they] work hard. They've got good values and they work incredibly hard putting themselves in real danger.”
IBAC says Victoria Police should report back within six months on its measures to improve use-of-force reports and risk assessments, and report back on efforts to improve gender diversity within 12 months.
Meanwhile, lawyers from the Victorian Aboriginal Legal Service, Human Rights Law Centre and Robinson Gill have called for the creation of a new independent body to investigate allegations of police misconduct.
IBAC only investigates about 2 per cent of serious police misconduct complaints. The rest are referred back to police for investigation.
The legal coalition says the low rate of investigations show a body focused solely on police is needed.
“IBAC has an important role to play in public sector corruption, let it do its job,” they said.
“Loading it up with police complaints as well means neither role is sufficiently resourced to be effective.
“Investigations of police complaints requires different powers and skills to that of the corruption watchdog.”