Victoria Police chief commissioner Shane Patton cracks down on internal misconduct

Victoria’s top cop says it’s sad some police are willing to lock people up while “on the gear” as he vows to sack delinquent officers.

Chief Commissioner Shane Patton is cracking down on misconduct in the force. Picture: Jason Edwards

Chief Commissioner Shane Patton has warned police officers “will be sacked” amid fears the badge is being tarnished by a minority of rogue cops.

Speaking Thursday after issuing an email to every member of the force reminding them not to engage in leaks, sexual harassment, drug use, drink-driving and family violence, Mr Patton revealed 17 police officers had been dismissed over the past year.

A further 31 resigned when they saw the “writing on the wall” and knew their dismissals were imminent, Mr Patton said.

The top cop labelled the conduct of the officers in question alarming and worrying, but said he was also encouraged by an uptake in their colleagues dobbing them in.

Police Commissioner Shane Patton has warned police aren’t above the law. Picture: David Caird

That, he said, something “we probably wouldn’t have seen 40 to 50 years ago”.

“They are standing up and they’re saying, ‘No, that’s not an acceptable form of conduct’,” Mr Patton said.

“We are seeing a lot more of that by sending this message out.

“If you are seeing bad behaviour, if you are seeing misconduct, not only do you have an obligation and expectation to do that, I want you to come forward.”

Mr Patton said the increase in reports of unprincipled officers wasn’t “significant” but warned “severe” measures were needed to reel them in.

Quizzed over the Dani Laidley photo scandal — police in 2020 leaked images of the former AFL coach wearing makeup and a wig in an interview room — and whether it sparked tightening of duty confidentiality, Mr Patton said he wouldn’t go into “specific matters”.

However, he said that reform has made it easier to prove when officers breach confidentiality.

“There’s no loophole there now, so anyone who is misusing information will absolutely be held to account,” he said.

Referring to drug use, Mr Patton lamented that officers would be prepared to lock someone up while being “on the gear” themselves.

On officers drink-driving, he said police could expect to be sacked with a blood-alcohol reading of 0.1 or over, and anything under that would be assessed on merit.

Seventeen police officers have been dismissed over the past year. Picture: David Geraghty

Mr Patton added that only small numbers of officers had committed family violence but emphasised it was deeply concerning.

“Those who we become aware of, we will hold to account,” he said.

“In the past we haven’t done that very well.

“If you’ve got a police officer who’s involved in family violence, they can’t do this job. It’s as simple as that.”

Premier Daniel Andrews backed Mr Patton’s email, describing it as an important reminder to the police force that they aren’t above the law.

“No one is above the law and people should behave appropriately,” he said.

“There’s a lot written and a lot said about police culture, whether it be Victoria Police or any other police force. I would have thought it was a wholly good thing that the chief commissioner is out there reminding everyone, both sworn and unsworn, they are not above the law.

“I think that’s about addressing any cultural issues (and) it’s a timely reminder to people that if you’re enforcing the law, you’ve got to retain the community’s confidence.

“Whether it’s a police contingent at Pride, or emails like that one, it’s all about making sure that everyone is clear on what is expected of them and that is they do their job, and they do it well.”

Mr Andrews said driving cultural change within Victoria Police was an ongoing task.

“I don’t think that the chief commissioner and some of the cultural work that he and police command are doing only runs to an email,” he said.

Police leaked images of Dani Laidley being interviewed in 2020.

“There’s a much bigger piece of work.”

Mr Patton’s comments follow the Herald Sun revealing he had read the Riot Act to every police member and public servant on issues including sex harassment, leaks, drink-driving and drug use.

In an extraordinary email sent to all Victoria Police employees on Wednesday, Mr Patton warned them they are not above the law and that misconduct will not be tolerated.

Mr Patton said that while the “vast majority” of police did the right thing, he was seeing an increase in the number of disciplinary hearings with recurring themes.

“I am concerned about some of the behaviours I am seeing that clearly do not align with the Victoria Police values,” he wrote.

“I want to be crystal clear. No one in this organisation is above the law. In fact, I would go as far as saying I have higher expectations for Victoria Police employees than I have for anyone else.”

Mr Patton said “key themes” had emerged from force disciplinary hearings last year.

Unjustified access and use of police information:

“Law Enforcement Assistance Program, Attendance, Interpose, and other police intelligence databases are resources vital to our policing role and functions. Unfortunately, some employees have accessed and disclosed police information without justification and to serve private interests.”

Sexual harassment and predatory behaviour:

“Despite the clear findings of the 2015 Victorian Equal Opportunity & Human Rights Commission (VEOHRC) report, instances of sexual harassment and predatory behaviour are still occurring. These behaviours occur in our workplaces, are committed against our colleagues, and often target vulnerable members of the community.”

Vilifying behaviour towards minority groups:

“Some employees have engaged in racism, homophobia, transphobia and other forms of unlawful discrimination. They have displayed vilifying behaviours in the workplace, amongst work colleagues, or on social media that has caused harm to individuals and minorities.”

Family violence:

“Concerningly, we continue to see a small number of employees who have committed family violence. Additionally, a minority of members are providing an inadequate family violence policing response that fails to recognise the important role we all play assisting victims.”

Drink-driving:

“Some employees made the inexplicable choice to drink-drive despite the obvious breach with our role to keep the community safe and reduce the lives lost on our roads. This is exacerbated for high BAC readings (0.10 or above) or drink-driving coupled with other aggravating features such as speed or collision.”

Drug taking:

“Disappointingly, there are continuing instances of illicit drug use. The possession of illicit drugs remains an indictable criminal offence and drug use creates broader risk to our health, safety, and reputation as a law enforcement agency. There is no place for illicit drug taking by Victoria Police employees.”

Mr Patton has been pushing for a disciplinary transformation process since taking the reins in 2021, aiming for a faster and more transparent system.

He said any police member engaging in misconduct risked facing the axe and criminal prosecution.

“If you choose to engage in this type of behaviour, or any other form of misconduct, it will diminish my confidence in your suitability to work at Victoria Police,” he said.

“In fact, misconduct such as unjustified use of law enforcement data and intelligence, sexual harassment and predatory behaviour, vilifying behaviours, family violence, transgressions against drink driving laws, and using illicit drugs are unacceptable and, in most cases, worthy of dismissal.

“Where appropriate, we will continue to consider criminal charges when employee misconduct is identified.”

And in what could be interpreted as a reference to the Dani Laidley scandal involving her picture being taken inside a police station and leaked onto the internet, Mr Patton said the Victoria Police Act had further tightened laws surrounding its duty of confidentiality surrounding police information.

A “discipline transformation project”, aimed at “simplifying” the complaint handling and discipline system, will be rolled out in the months ahead.

Mr Patton said he did not want Victoria Police’s reputation tarnished by the “few high-profile incidents … of a few people to tarnish everyone’s reputation.”

“The vast majority of the workforce do a brilliant job keeping the community safe, preventing crime, apprehending offenders and supporting victims and this is what I want our organisation to be known for.”