Chapter 3 Flashcards
Professional conduct is underpinned by what (2)
Police Values
Code of Conduct
PPC National Mgr is responsible for;
National oversight of investigations into complaints about the conduct of police employees or incidents notifiable to the IPCA
S.13 of IPCA Act 1988 requires police to do what;
Notify incidents involving death or serious bodily harm.
Under MOU with IPCA, police is required to notify serious misconduct or neglect of duty constituting a criminal offence or anything that puts the reputation of police at risk.
What is the role of the District PP Mgr
All complaint investigations against police employees
Section 13 or MOU investigations
Any internally id’ed misconduct or serious deficiency or error in the execution of duty or function should be reported to who?
Line supervisor or if employee fears repercussion, direct to district PPC mgr.
Commission of inquiry into police conduct recommendation 52?
Police employees appropriately challenge improper behaviour, and feel confident to report misconduct, particularly sexually inappropriate behaviour by other police employees or their associates, and know that their actions will be supported by their colleagues and management.
Commissioner requires any suspicion of criminal offending, misconduct or neglect of duty to be reported to whom;
District Commander who then cause an investigation to be carried out.
Integrity reporting and speaking up is designed to provide a framework that will ensure what
Particular elements of support are offered and delivered to police employees who report or are required to give evidence against other police employees in disciplinary or criminal proceedings whether an external party reported the matter or not.
IPCA Act 1988 S.13 Duty of commissioner
Where police employee acting in execution of duty causes or appears to have caused, death or serious bodily harm to any person, the commissioner shall as soon as practicable give to the authority a written notice setting out particulars of the incident in which the death or serious bodily harm was caused.
s.13 Serious bodily harm includes;
Fracture, deep laceration, injury to internal organ, impairment of bodily function, blow to the head that causes severe concussion, injury that results in admission to hospital or allegation of sexual assault.
S.13 exception to bodily harm
dog bites where the injury is no a deep laceration and the subject has been admitted to hospital only to allow the wound to be washed out and sutured before the subject is discharged.
S.15 Duty of commissioner to notify authority of complaints
a. commissioner shall notify the authority of every complaint received by police other than a complaint notified to the commissioner by the authority.
b. Notification must be made as soon as practicable but no later than 5 working days after the receipt of the complaint.
S.20 Duty of commissioner to report to authority on police investigation of complaint
- Commissioner shall ASA practicable, and in no case later than 2 months, after the completion of a police investigation of a complaint, report to the authority -
a. whether the complaint has been upheld and if so what action has been taken or is proposed to be taken to rectify matter;
b. Whether the complaint has been settled by conciliation - Must supply supporting material
- Commissioner may consult authority on any police proposals for action on a complaint before reporting to the authority under this section.
Police investigations of complaints and notifiable incidents - key principles (4)
To ensure that complaints are investigated in a fair, timely and effective manner.
To ensure that all reasonable steps are taken to investigate complaints and notifiable incidents.
To ensure that complaints and notifiable incidents are investigated within the guidelines of good practice, without bias or conflict of interest.
All employees have the right to be advised of any allegations against them and the right to respond to those allegations.
IPCA - notification of complaints - timeframe
As soon as practicable but within 5 days of every complaint or notifiable incident. Also the act requires the authority to notify the commissioner of all complaints that it receives.
IPCA investigation categorisation 1 - 5
1 Serious complaints where the authority may decide to conduct its own investigation.
2 Serious or significant matters where the authority will actively oversee the Police Investigation.
3 No longer exists
4 Matters that the authority considers are appropriate for facilitated case resolution. They will be referred to the Police for conciliation with the complainant and investigation by Police as necessary. The authority may deem a matter capable of early resolution and will endeavour to identify issues.
5 Minor matters or matters that require no further action by the authority, however police may need to assess the alleged behaviour to ascertain whether there are performance or conduct issues or learning that can improve police service.
IPCA action on complaints (4) - s.12
1 Receive, and if appropriate independently investigate.
2 Investigate of its own motion, where it is satisfied there are reasonable grounds in the public interest, any notifiable incident.
3 Oversee or review police investigations of complaints or notifiable incidents.
4 Take such action in respect of complaints, incidents and other matters as is contemplated by the Act.
NOTE; whilst Police will in almost all cases lead an investigation, the authority may choose to conduct its own investigation or investigate in parallel with police.
Authority may require any person who is able to give info relating to any matter that it is investigating to provide all info and assistance needed for the Authority to carry out its functions.
MOU with the authority
Commissioner may notify the authority of any matter involving criminal offending or serious misconduct by a police employee, where that matter is of such significance or public interest that it places or is likely to place the Police reputation at risk. - consider loss in t and c of police.