The target "creates the perverse situation that proactive drink-driving law enforcement that achieves more than 0.5 per cent positive PBT tests annually is regarded as not meeting the required budget performance," the review found. Loading Replay Replay video Play video Play video The bogus breath tests, dubbed “falsies” by some members, were done by either blowing into breathalysers themselves, or putting a finger over the hole where the disposable straw is usually attached, in order to register a .00 result. The review, by retired police commissioner Neil Comrie, also found young recruits to the force were inducted into the fake testing scam early in their careers. When it becomes more important to meet quotas than to catch drink-drivers, the system needs recalibrating. Police Association secretary Wayne Gatt

Mr Comrie found the falsification of breath tests was systemic. A target of 1 million tests a year was more than tripled in 2018-19 Budget, rising to 3.5 million tests, but police also set an internal target of 4.5 million. Loading This target was aspirational, but it became absolute for police on the beat. The figure was not based "on any credible scientific evidence or articulated strategy", but simply on the number of licence holders in Victoria, the review found.

Police completed 3.3 million tests in the past financial year. More than 17 million tests were conducted over the period of the scandal. Police had to return negative results on 99.5 per cent of breath tests. Any more than 0.5 per cent positive tests meant the force did not meet its budget performance outcomes. Illustration: Matt Golding Credit: Perverse incentives could also affect the integrity of road-side drug tests, the review found. Victoria Police said no drug tests were falsified. Police officers said the practice had been going on for much longer than 5½ years, damaging the veracity of Victoria’s drink-driving testing statistics and casting doubt on how public money was used to fund testing.

The Transport Accident Commission provides about $4 million in annual funding for breath tests, drug tests and speed cameras. Mr Comrie also called for regular auditing of the tests, more transparency in the funding arrangement between Victoria Police and the Transport Accident Commission and a review of the state’s road safety strategy. Mr Comrie’s investigation, dubbed Taskforce Deliver, found it is impossible to establish the exact number of false preliminary breath tests, but it was likely to be less than the 258,000 estimated by police. But new road policing boss, Assistant Commissioner Stephen Leane, accepted the number could be higher. “I’m personally disappointed that some of our members have chosen to do this but it’s also clear that many didn’t do this and they’ve let them down as well,” he said.

The figure was established using an algorithm where 10 or more tests completed in 30 seconds were probably false. Taskforce Deliver confirmed that bogus tests did not mean drivers were wrongfully fined or charged. Loading Mr Comrie's report found ‘top down’ decision-making to determine targets did not adequately consult the police it would impact, resulting in “considerable frustration and angst” on the front-line. The report stated the practice was an ethical failure, rather than criminal.

The major cause was to meet targets police regarded as meaningless and unachievable, but poor supervision, governance, inadequate data management and inadequate technology in the devices also played a part. Mr Comrie also claimed there was significant evidence decisions about resourcing commitments for tests were not evidence-based or intelligence-led, including for TAC-funded operations. Assistant Commissioner Leane said police were averaging 3.3 million tests a year. He said force command are still trying to establish how and why the figure for the target was set. “Government and police [need] to sit down and refresh those expectations,” he said.

But Assistant Commissioner Leane said there was no doubt that preliminary breath tests reduced road trauma and while police would never stop doing them, the force would assess its targets. Loading He said there was no direct link between funding and breath testing targets. “The broad issue is around gaining the confidence of our members to understand the impact that they have on road trauma when they do a [breath test] as well as the impact they do on drug testing. For some reason they lose that connection and saw it as something they did over and over for no purpose,” he said. “[A breath test] will make you think about that when you drive next time and you will tell somebody that you’ve been tested.”

Police Minister Lisa Neville said she has been assured the fake tests has stopped. “It is extremely disappointing and unacceptable that it happened in the first place – it’s wrong, it’s a breach of trust, and it won’t be tolerated,” Ms Neville said. Loading “[The government] will work with Victoria Police to ensure that this never happens again.” Police Association secretary Wayne Gatt said tests were faked because of the burden of unrealistic quotas for statistical purposes.