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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
32
Selection of officer in charge of the police investigation
That the selection of the officer in charge of the police investigation into a death in custody be made by an officer of Chief Commissioner, Deputy Commissioner or Assistant Commissioner rank.
The systemic failings of Victoria Police have seriously diminished the Victorian community’s confidence in the organisation. These failures include the…death of Yorta Yorta woman Tanya Day. We are gravely concerned that maintaining the status quo will allow these systemic failings to continue unchecked.
Aboriginal Justice Caucus Assessment
Recommendation 32 aimed to ensure that investigations into deaths in custody were led by officers appointed by a senior official of at least Chief Commissioner, Deputy Commissioner, or Assistant Commissioner rank.
The Victoria Police Manual outlines the areas responsible for the investigation of deaths that occur in police presence or custody, or before or following police contact. The senior investigating officer is an officer of the rank of inspector or above from the unit responsible for the investigation. The senior oversighting officer is an officer of the rank of inspector or above from the unit responsible for oversight of the investigation, usually Professional Standards Command. Assigning specific officers for these roles involves the Deputy or Assistant Commissioner with responsibility for the relevant police squad or unit.
The Aboriginal Justice Caucus echo community concerns about police investigating police where an Aboriginal person has passed in police custody. We continue to advocate for independent investigators. Implementation of Recommendation 32 is insufficient to meet community expectations of credible and impartial investigations.
Even if it's implemented…it's still police and doesn’t have the potential to provide the Aboriginal community with what we want.
(Marion Hansen, Chairperson, AJC)
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Establish an independent coronial investigation unit
Establish an independent investigation unit, and until it is established, create a specialised investigation team within the Coroners Court.
Explore international benchmarking models such as the Police Ombudsman for Northern Ireland to identify best practices for independent investigation units in custodial matters. Evaluate the feasibility of adapting similar models to the Victorian context to enhance investigative integrity and transparency.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) recommended a standardised approach for appointing an officer to lead investigations into deaths in custody, specifying that the role should be assigned to someone of at least Chief Commissioner, Deputy Commissioner, or Assistant Commissioner rank. This measure aimed to ensure greater oversight, accountability, and expertise in managing such sensitive cases. By restricting the role to senior officers, the recommendation sought to enhance the credibility and impartiality of investigations, addressing concerns about conflicts of interest and both structural and individual bias.
Actions Taken Since Last Review
Victoria Police
In 2023, Victoria Police assessed Recommendation 32 as partially implemented, noting:
The Victoria Police Manual (VPM) was updated regarding the inclusion of Recommendation 35 of the RCIADIC to provide specific directions for the conduct of investigations. Specifically, the VPM stipulates that the Senior Investigating Officer (SIO) for a death occurring in police custody is an officer of the rank of Inspector or above from the Homicide Squad who is responsible for the investigation. The VPM further stipulates that the Senior Oversighting Officer (SOO) for a death occurring in police custody is an officer of the rank of Inspector or above from Professional Standards Command who is responsible for oversight of the investigation.
Coroners Court of Victoria
The Coroners Court Bench Book suggests that the Chief Commissioner of Police nominates a police officer to assist a coroner with their investigation of a death in custody:
Where a reportable or reviewable death requires a coronial brief, a coroner relies upon the Chief Commissioner of Police to nominate a member of the force to assist them with their investigation.
Impact
Outputs
The Victoria Police Manual outlines roles and responsibilities in relation to the investigation of deaths, serious injury or illness incidents involving police.
Outcomes
The Chief Commissioner of Police has assigned responsibility for the investigation of deaths that occur in police presence or custody to the Homicide Squad, and the Major Collision Investigation Unit in the case of fatal collisions. Deaths that occur before or following police contact are to be investigated by a squad or unit nominated by the Deputy Commissioner, Public Safety and Security. Oversight of all DSII incidents is the responsibility of Professional Standards Command, with the Assistant Commissioner to determine the most appropriate investigator. The senior investigating officer is an officer of the rank of inspector or above from the unit responsible for the investigation. The senior oversighting officer is an officer of the rank of inspector or above from the unit responsible for oversight of the investigation.
Community Views
Police Accountability Project and Victorian Aboriginal Legal Service
Victoria needs a Police Ombudsman – Open letter from community sector to the Premier
The systemic failings of Victoria Police have seriously diminished the Victorian community’s confidence in the organisation. These failures include the…death of Yorta Yorta woman Tanya Day. We are gravely concerned that maintaining the status quo will allow these systemic failings to continue unchecked.
Aboriginal people are more likely to experience serious police misconduct, but less likely to make a complaint. They do not trust the system.