Independent Review
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INDEPENDENT REVIEW into sex discrimination and sexual harassment, including predatory behaviour in Victoria Police Phase One Report I 2015 Published by the Victorian Equal Opportunity and Human Rights Commission, Level 3, 204 Lygon Street, Carlton, Victoria 3053. December 2015. Contact us Enquiry Line 1300 292 153 or (03) 9032 3583 Fax 1300 891 858 Hearing impaired (TTY) 1300 289 621 Interpreters 1300 152 494 Email [email protected] Website www.humanrightscommission.vic.gov.au Independent review into sex discrimination and sexual harassment, including predatory behaviour Copyright © State of Victoria 2015 This publication is copyright. No part of it may be reproduced by any process except with permission from the Victorian Equal Opportunity and Human Rights Commission (the Commission) or in accordance with the Copyright Act 1968. On request the Commission may give permission for this material to be reproduced provided it is for a purpose consistent with the objectives of the Equal Opportunity Act 2010 and the Commission is acknowledged as the source. Contact [email protected] for permission to reproduce material from the publication. Accessible formats This document is available for downloading from our website at www.humanrightscommission.vic.gov. au/resources in PDF and RTF. Please contact the Commission if you require other accessible formats. Privacy The Commission complies with Victorian privacy laws and the confidentiality provisions of the Equal Opportunity Act. Our privacy policy is available online at www.humanrightscommission.vic.gov.au/ privacy or by contacting us. Printed on Precision ISBN 978-0-9922762-6-3 Contents Message from the Commissioner 2 Message from the Chief Commissioner of Victoria Police 3 Expert Panel 6 Executive Summary 9 Action Plan 21 Recommendations 35 Chapter 1 About the Independent Review 37 Chapter 2 Drivers of sex discrimination and sexual harassment in Victoria Police 52 Chapter 3 Nature and Prevalence 70 Chapter 4 Impact and Harm 104 Chapter 5 External Context and Regulation 130 Chapter 6 Organisational governance and accountability 142 Chapter 7 Recruitment and retention 152 Chapter 8 Promotion and career planning 184 Chapter 9 Education and knowledge development 218 Chapter 10 Local management, supervision and performance 236 Chapter 11 Workplace safety and welfare 257 Chapter 12 First response, disclosure and reporting 282 Chapter 13 Actions and outcomes of formal processes 308 Appendices 346 Appendix 1 Recommendations 347 Appendix 2 Victoria Police Force Enterprise Agreement 2011 – Gender Equity Impact Assessment 354 Appendix 3 Victoria Police rank and classification structure 358 Appendix 4 Glossary 359 Appendix 5 Site visit summary 364 Message from the Commissioner In Australia, we have witnessed the growing acknowledge the courage of the people horror at the extent and devastation caused who shared their distressing experiences of by violence against women. We read daily harm and wasted potential. These personal about the challenges of gender inequality, in stories demand our attention, understanding workplaces, on sporting fields, in playgrounds and action. and in the media. It is surprising to many that We also heard that people love the job, that it is almost 40 years after equal opportunity laws a calling, and that people want the organisation were introduced, progress towards gender to be the best it can be. equality has been so slow. We understand that this Review will require It is heartening that there is finally a community deep, and sometimes uncomfortable personal appetite for change and a desire to learn how refection by each and every employee to to achieve equality. I commend Victoria Police understand what their individual and collective for showing much needed leadership to bring roles have been that have allowed people to be about change in their organisation, recognising harmed in police workplaces. the role it has in influencing broader change in the community. Our recommendations focus on prevention and response. In particular, implementing In commissioning this Review, Victoria Police a response to harm that puts the victim at asked the Victorian Equal Opportunity and the centre of the process, rather than the Human Right Commission to examine the investigation. But for enduring change, our prevalence, drivers and impacts of sex recommendations propose multiple mutually discrimination and sexual harassment. reinforcing strategies aimed at preventing sex Victoria Police also asked us to develop discrimination and sexual harassment from recommendations and a comprehensive action occurring in the first place, building workplaces plan for change, and to hold them to account, where predators cannot operate and where all assessing their progress over three years. employees have equal opportunities. And they requested that we do this work under I recommend other employers take heed of the the spotlight of public scrutiny. This is not a findings and recommendations of this Review. response to scandal. This is a commitment from Our workplace record of gender equality tells the Chief Commissioner and his leadership us women across many workplaces are missing team to change the organisation for the better. opportunities because of their gender. This work is about systemic change. It is not a I know the Chief Commissioner Graham Ashton reason for the community to lose confidence and his leadership team are committed to act, in Victoria Police, but instead a reminder that but change will only occur through a change Victoria Police is committed to the principles of in culture across the whole organisation. Their equality and diversity, and to ending violence work starts now. against women. It is absolutely critical that it displays this commitment in the way it treats those within its own ranks. The Review heard from thousands of Victoria Police employees about how the attitudes and behaviours of their colleagues and managers Kate Jenkins and the systems and processes in place have Victorian Equal Opportunity and Human Rights shaped their experiences at work. I particularly Commissioner 2 Independent Review Message from the Chief Commissioner of Victoria Police For the past 163 years, Victoria Police have been We will change our culture, our approach and leaders in our community. make Victoria Police a safer organisation for our people. We will set the example, as we have done We showed leadership once again when we in so many different areas, for others to follow. The decided to tackle the critical issue of sexual leadership challenge for us is to improve Victoria harassment and predatory behaviour in our own Police. That leadership challenge will then be the organisation. 12 months ago we asked VEOHRC challenge others will have to rise to. (Victorian Equal Opportunity and Human Rights Commission) to conduct an independent study of I would like to commend VEOHRC for their work, it this problem and make recommendations on how is trail blazing. It sets us a challenge and Victoria we can improve our organisation. Police will meet that challenge. There have been numerous attempts to deal with As Chief Commissioner of Victoria Police I speak this issue in the past, but they did not achieve the for our entire Command Team when I give you my change that was needed. It was clear the time had commitment we will bring about the necessary come for us to bring in an independent umpire to change in this organisation so that it becomes a conduct a robust review. more respectful workplace. The results make for confronting reading. When you read the report you’ll be left in no doubt there have been some terrible behaviours exhibited and some terrible experiences and ordeals have been endured by our staff. Graham Ashton APM This must change, this will change. Chief Commissioner of Police In response to this report, Victoria Police will implement all of the recommendations directed to us. These recommendations will enable Victoria Police to strengthen its leadership role in our community. Sexual harassment and predatory behaviour occurs across all of society, across all sectors. There is no part of our community which is not affected. 3 Safety and help-seeking The Review prioritises the safety and confidentiality of participants. All quotes and case studies in this Review have been de-identified and no individual has been named. All case studies and quotes have been provided with express consent of participants who have had the opportunity to ensure they are satisfied the material has been de-identified. The Review acknowledges that the material in this report may cause distress. Centres Against Sexual Assault (CASA) Tel: CASA House on 03 9635 3610 (business hours). This service is based in Melbourne CBD. You can also call the Sexual Assault Crisis Line on 1800 806 292 (24 hours). This number diverts to your local CASA services during business hours. Email: [email protected] CASAs are non-profit, government funded organisations that provide support and intervention to women, children and men who are victim/survivors of sexual assault and who have experienced or been affected by sexual harassment. You can be referred to your local CASA or contact them directly. Victoria Police Welfare Service Level 5 & 9, Tower 3, VPC 637 Flinders Street, Docklands 3008 Tel: 9247 3344 (24 hours) email: [email protected] Victoria Police Welfare Service (VPWS) provides timely and effective support, advice and referral services in consultation with Peer