Discipline investigation internal misconduct

For police officers, discipline investigations are undertaken in compliance with the Victoria Police Act 2013. For other police employees, misconduct is managed by the Victoria Public Service Agreement 2020.

It is important to understand, where there is a criminal offence disclosed, the investigator must investigate this and have the charges assessed by the Assistant Commissioner of Professional Standards Command (see criminal investigation section).

Professional Standards Command undertake a thorough and consistent assessment of whether a complaint is required to be managed through the Victoria Police Discipline System.

Discipline Process for Police and Protective Services Officers

A discipline investigation for police officers and protective services officers, if proven, can result in several disciplinary sanctions. These can include formal sanctions which are recorded on the police employee perpetrator’s Victoria Police Employment Record as:

  • formal workplace guidance
  • written admonishment
  • for more serious misconduct a ‘Discipline Charge Notice’ (DCN).

The Discipline Charge Notice approved by the Assistant Commissioner of Professional Standards Command

  • a Discipline Charge Notice requires a police employee perpetrator to attend a Discipline Inquiry
  • the investigator will update you regarding the Discipline Inquiry dates
  • you may be required to attend the inquiry for the purpose of giving evidence.

Discipline Inquiry

The inquiry officer’s role is to hear evidence and make a finding as to whether a charge for a breach of discipline against an officer has been proven and make a determination.

You can make a submission to the inquiry officer regarding the impact of the Victoria Police employees conduct for consideration when determining the appropriate sanction.

The standard of proof required to prove a discipline charge is ‘on the balance of probability’.

Outcome of Discipline Inquiry

If the allegations are determined as proven by the discipline inquiry officer, the sanctions available include, but are not limited to:

  • dismissal of the perpetrator
  • demotion of the perpetrator
  • transfer of duties
  • a monetary fine or good behaviour bond
  • impose a period of time the perpetrator cannot be promoted
  • reduce the perpetrator’s remuneration
  • direct the perpetrator to undergo an appropriate behavioural course.

Discipline Process for Victorian Public Service (VPS) employees

Victoria Police Workplace Relations Division is responsible for the investigation of misconduct by Victorian Public Service employees.

An investigation will be undertaken by an investigator nominated from within the Workplace Relations Division. Once the investigation is complete, the employee will be notified of the allegations and has 10 days to respond before a discipline outcome is determined. Possible outcomes include:

  • No action
  • Performance management
  • Formal counselling
  • Formal warning
  • Final warning
  • Assignment to a lesser role
  • Transfer to another role
  • Termination of employment.

For further information regarding the VPS Enterprise Agreement and management and investigation of misconduct by VPS employees visit the Victorian Public Sector Commission website or speak to your investigator from Workplace Relations Division.