Corruption watchdog report slams Victoria Police ‘ongoing misconduct’

Victoria Police’s Critical Incident Response Team failed to adhere to the Charter of Human Rights and inaccurately reported on use of force, report finds.

Victoria Police’s CIRT team is under fire. Picture: Getty

Victoria Police’s Critical Incident Response Team has failed to adhere to the Charter of Human Rights and inaccurately reported on use of force among “ongoing misconduct issues”, a report from the state’s anti-corruption watchdog has found.

The Independent Broad-based Anti-corruption Commission (IBAC) on Tuesday released the report, claiming CIRT officers lacked training, supervision and adequate risk assessment processes.

IBAC has made six recommendations, with misconduct in two operations as well as a nightclub incident under the microscope.

The report examined officer conduct during Operation Lynd, which left a man with “serious injury” in a Fitzroy bookstore in 2019.

It also probed Operation Wingan, in which CIRT police in September 2020 were alleged to have used force to arrest a person to such an extent that the investigation considered whether the officers in question should be dealt criminal charges.

The Inflation nightclub incident – where police shot two people during a botched raid after identifying a man who was carrying what turned out be a fake gun – is also referred to as evidence of the CIRT’s failures.

The report claims the CIRT’s lack of process represented an increased risk that members of the public could be subjected to unlawful force.

It also identified instances in which officers failed to use water to deliver after-care to people sprayed with capsicum spray.

In response, IBAC’s recommendations include a new electronic use-of-force reporting system, expected to be implemented by late 2023.

IBAC has also recommended that Victoria Police:

• - Report on the efficiency of the new database within six months and whether it has improved officer compliance and identified trends in the use of excessive force

• - Report on what new steps have been taken to ensure officers understand what constitutes excessive force and if the risk of inaccurate reporting has been overcome

• - Consult with other Australian police agencies who use electronic databases to identify risks of inaccurate reporting

• - Strengthen CIRT’s method of risk assessment by developing a standard set of principles

• - Clarify the roles and responsibilities of CIRT officers and general-duty officers when CIRT officers have been deployed

• - Improve gender diversity within the CIRT team

The report questioned the CIRT’s male-dominated culture, saying its lack of gender diversity – 90 per cent of CIRT officers are male – was not consistent with the broader police workforce, risking instances of sex discrimination and sexual harassment.

IBAC Deputy Commissioner, Kylie Kilgour 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.

“While most of the recommendations IBAC made to Victoria Police following Operation Lynd and Wingan have been actioned, there are still further opportunities for improvement.”

A Victoria Police spokesperson said the force was considering IBAC’s new recommendations but had already implemented a series of changes to improve the conduct of the “complex” CIRT.

“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 commenced work to procure a new use-of-force database which will improve accountability across Victoria Police and last year provided mandatory training for all frontline police about how and when use of force should be reported.

“To improve management of people in custody, CIRT has implemented a more robust handover procedure to ensure human rights are respected.”

The spokesperson said Victoria Police was also valued “greater diversity” and was developing strategies to recruit more females to the CIRT.

Victorian Premier Daniel Andrews on Tuesday said Victoria Police Commissioner Shane Patton was aware of “cultural issues” and that he and other police chiefs were “working very hard” to address them.

“In my discussions with 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,” Mr Andrews said.

“The vast, vast majority of members of Victoria Police are there to keep us safe and work hard. They've got good values and they work incredibly hard putting themselves in real danger.”