‘Deep regret’: Victorian anti-corruption watchdog issues rare apology for mishandling complaint against police officer

Victoria’s anti-corruption watchdog has delivered an “unprecedented” apology to a family violence survivor, saying it deeply regrets it’s handling of her complaints. Independent Broad-based Anti-corruption Commission (IBAC) commissioner Victoria Elliott told a parliamentary committee on Monday she was sorry for how the watchdog dealt with the complaints as well as how it later responded to a special report that was critical of both Victoria Police and IBAC. “As Commissioner, I would like to sincerely apologise on behalf of IBAC to Dr Jana Katerinskaja and their children for what they endured after they complained to IBAC,” Ms Elliott said. “IBAC has made many internal changes since receiving Dr Katerinskaja’s initial complaint. But there is more to do, and we are committed to improving our handling of police misconduct complaints, and particularly police perpetrated family violence matters.” The rare public apology comes more than seven years after Dr Katerinskaja first reported serious incidents of family violence to Victoria Police in 2018 about her then-partner who was a serving police officer. Dr Katerinskaja later complained to IBAC after learning the investigation was being conducted by her partner’s colleagues and that confidential information had been leaked to him or his friends. IBAC referred the complaint to Victoria Police’s Professional Standards Command for investigation, which initially labelled the allegations “unfounded” before IBAC again referred it back to police after highlighting deficiencies and concerns. Two years later, Dr Katerinskaja made a second complaint about the treatment she was receiving from police handling the family violence matters. In 2022 the Victorian Inspectorate (VI) delivered a special report into the matter identifying significant failures from IBAC, including failing to consider whether there was corrupt conduct, substantial delays and a failure to consider Dr Katerinskaja’s welfare. “The VI views these consequences as a fundamental failing of the integrity system and has determined to make several recommendations to strengthen the integrity system,” the Inspectorate wrote. Ms Elliott said IBAC had taken a “highly adversarial approach” when publicly responding to the VI’s report, now noting this was “inappropriate and insensitive”. “As an organisation, we have since reflected on these matters and wish to express our deep regret,” she said. “We now accept that IBAC should have referred Dr Katerinskaja’s complaint to Victoria Police with explicit instructions addressing conflicts of interest and actively monitored the investigation in real time. “We acknowledge that our response left Dr Katerinskaja feeling attacked and silenced by us, and we deeply regret the lack of insight and compassion we showed.” In a statement, Dr Katerinskaja said she viewed the apology as a “turning point” for IBAC but warned “a case like mine could absolutely happen today”. “The apology today is a turning point for IBAC and a positive cultural change, a show of leadership and integrity, but IBAC’s legislation sets it up to fail victims of police criminality and misconduct,” she said. Dr Katerinskaja said there needed to be “bipartisan courage” to amend the IBAC act to fix a police oversight system that “continues to cause real harm and fail Victorians”. Her comments were echoed by Jeremy King, her lawyer and head of the police and prisons team at Robinson Gill, who said he believed there needed to be an independent police ombudsman to investigate all complaints about police in a trauma-informed way. “This is a historic apology and an unprecedented apology,” he said. “I’m not sure we’re going to see something else like this in my lifetime.” Mr King said it was a positive step for IBAC to issue such a rare public apology but noted it had only come about due to Dr Katerinskaja’s unwavering tenacity and strength to fight for accountability. He said, in his view, Victoria still does not have “meaningful” police oversight, with IBAC only investigates 1 per cent of complaints about police while referring the remainder back to Victoria Police for an internal investigation.