6.2 Complaints & Conflicts

Question 1

Under protected disclosures Act. If employee makes disclosure about serious wrongdoing in their workplace.
A. What immunities might they have? (3)
B. Their identity may be disclosed in what four circumstances? (4)

Answer 1

A. They are immune from Criminal, Civil and Disciplinary proceedings in relation to the disclosure.

B.
1. Employee consents to release
2. essential to investigating allegations or disclosure
3. to prevent serious risk to public health/safety or environment
4. essential to comply with natural justice

Question 2

Integrity reporting. All employees must tell their supervisor if they are subject to what (6)

Answer 2

1. Charges in court
2. Infringement notice for EBA
3. Suspension of drivers licence
4. Infringement for exceeding 40km over limit
5. Respondent in protection order
6. Infringement notice that could lead to licence suspension

Question 3

s13 IPCA Act.
A police employee involved in a work incident causing (or appearing to have caused) death or serious bodily harm activates a requirement on the Commissioner. What is that requirement?

Answer 3

Written report to IPCA setting out particulars of the incident in which serious bodily harm or death occurred.

Question 4

s13 IPCA Act.
A. What is definition of SBH (7)
B. What is exception to hospitalisation.

Answer 4

A. SBH means
* FRACTURE
* deep LACERATION
* injury to INTERNAL organ
* IMPAIRMENT of bodily function
* blow to head causing severe CONCUSSION
* injury resulting in HOSPITALISATION
* allegation of SEXUAL assault

B. Dog bite not deep in hospital to wash wound and suture before discharge.

Question 5

s15 IPCA Act.
A. What other things does the Commissioner have to report to the IPCA?
B. How long does the Commissioner have to report notifiable incidents to IPCA?

Answer 5

A. Every Complaint received by Police, not being a complaint the IPCA have notified the Commissioner about.
B. As soon as practicable but no later than 5 working days after receipt of the complaint.

Question 6

A. Clause 10 of the MOU states Commissioner may notify IPCA of criminal offending or serious misconduct where it is what? (2)

B. Provide 3 examples

C. So, what are the three instances where the Commissioner must advise the IPCA? (3)

Answer 6

A.
* of significance or public interest
* or likely to place Police reputation at risk

B.
i) non injury pursuit, significant damage
ii) cell block self harm attempt (injury or not)
iii) use of force, not significant injury but significant public interest or likely to place Police reputation at risk

C.
* s13 IPCA Act. Police cause death or serious bodily harm.
* s15 IPCA Act. Complaints to Police about Police.
* Clause 10 MOU. Notifiable instances where significant public interest or likely to place Police reputation at risk.

Question 7

What are the key principles underpinning the Police complaint process? (4)

Answer 7

• Ensure they are investigated in a fair, TIMELY and effective manner.
• Ensure all REASONABLE steps are taken to investigate
• Ensure complaints are investigated within the GUIDELINES of good practice without bias or conflict of interest
• All EMPLOYEES have the RIGHT to be advised of allegations against them and to respond.

Question 8

What are the four categories of the IPCA investigations

Answer 8

• Cat A - Serious, IPCA may conduct own investigation
• Cat B - Serious or significant matter IPCA overseas Police investigations
• Cat C - IPCA considers appropriate to facilitate case resolution - referred to Police for investigation as necessary
• Cat D - minor matters NFA by IPCA. However Police may undertake assessment as to breach of Code of Conduct or performance issues etc

Question 9

If you receive an oral complaint against Police, what must you do?

Answer 9

Summarise in writing (or they can) and have complainant sign it

Question 10

What action must you take if you are the only available officer and receive a complaint against you?

Answer 10

Record complainants details. Submit report outlining circumstances to District Professional Conduct Manager, Nat Manager or District Commander who arrange to take complaint.

Question 11

A prisoner has been processed, has seen his lawyer and is now in custody. They wish to make a complaint about Police. What two things should you do?

Answer 11

Ensure the questioning of the complainant relates solely to the allegation. You should allow their representative to be present during interview.

Question 12

Who notifies IPCA?

Answer 12

All complaints forwarded via Districts to Director Police Professional Conduct who notify IPCA

Question 13

Define a “serious complaint” for which the Police Commissioner needs to be advised

Answer 13

Is a complaint or issue of such significance, it puts, or is likely to place the Police reputation at risk.

Question 14

List four primary examples of “serious complaint” for which the Commissioner needs to be advised

Answer 14

1. Likely to generate media interest
2. Not serious but involves Inspector or above, or the non-constabulary equivalent level senior managers
3. Complaints against Executive employees
4. ANY complaints of a sexual nature

Question 15

Who must the person receiving the complaint notify?

Answer 15

District Police Professional Conduct Manager, District Commander or Nat Manager (who must notify Nat Mgr Prof Standards)

Question 16

What are the key tasks of investigating a complaint? (7)

Answer 16

1. ASSESS Criminal liability and Code of Conduct breaches.
2. DOCUMENTATION on findings clear inclusions and recommendations
3. Consider Solicitor General GUIDELINES
4. INDEPENDENT File review around decision to file charge. If charges not recommended, report explaining decision
5. Recommendations REVIEWED by HRM, PPCM
6. Independent investigators REPORT to DC/NM in the district/service area where incident occurred unless changed in writing by Commissioner
7. Terms of REFERENCE (for outside District investigators)

A.D.G.I.R.R.R

Question 17

Who has overall management of an investigation into a notifiable matter?

Answer 17

District Commander or National Manager. If independent investigator brought in from another district it is the responsibility of the DC/NM of the employee under investigation.

DC/NM must be consulted before any major decisions are made.

Question 18

If anyone, including DC, NM, investigator wishes to have contact with IPCA in relation to complaint, how should this occur?

Answer 18

Must be done through Director Police Professional Conduct

Question 19

Describe “Conflict of Interest”

Answer 19

Confict between a police duty and private or professional interests (may be actual, potential or perceived)

Question 20

Can a supervisor investigate complaints of a sexual nature by an employee?

Answer 20

No

Question 21

A. You are asked to write a character reference for someone you know as part of your police employment. Can you write a reference?

B. When should Police never provide a character reference?

Answer 21

A. Yes - but you must not sign it off as a police employee (job title) or use police letterhead etc.

B. Character reference on a firearms licence.

Question 22

If two people with personal family ties work in same office how should this be managed?

Answer 22

The potential conflict must be declared and alternative reporting line may be arranged, or rostered different shifts.

Question 23

Maintaining professional boundaries. When interacting with public, to maintain a professional relationship what are some guidelines? (9)

Answer 23

1. TAKE responsibility for maintaining professional boundaries.
2. DOCUMENT all contact in NIA.
3. INVOLVE support person (or Police colleague)
4. If person makes contact after hours state you’ll make CONTACT when back at work.
5. KEEP supervisors informed about meetings
6. CONSIDER cultural values
7. RAISE concerns with employee if they’re not aware their interactions are inappropriate.
8. If in doubt, ASK self whose needs are being met.
9. Develop and follow PLAN of contact.

T.D.I.C.K.C.R.A.P