Chapter 3: Staff Management 2 Flashcards
In terms of police what does the term “Professional Police Conduct” relate to?
- The expectations the Commissioner has of all employee
- The functional are of the police that deals with professional conduct issues.
Professional conduct is underpinned by the police Values and the Code of Conduct
Who is responsible for national oversight of investigations into complaints about police conduct or incidents notifiable to the IPCA?
National Manager: Police Professional Conduct
What does Sec 13 of the IPCA Act 1988 relate to?
It requires police to notify the IPCA of any incident involving death or Serious Injury involving police
Under the MOU with the IPCA what are police required to report to the IPCA?
Required to notify them of serious misconduct or neglect of duty constituting a criminal offence or anything that puts the reputation of police at risk.
Who manages Sec 13 and MOU investigations within district?
The District Prof. Conduct Manager
If internally identified misconduct or serious deficiency or error is noted who should be advised?
Generally reported to the employees immediate supervisor
If an employee fears he will be exposed to harm if a disclosure of misconduct is made to their direct supervisor who should they approach?
- The District Professional Conduct Manager
- HR Manager
- Other trusted supervisor
Who does the Commissioner require to be advised if there is suspicion of criminal offending, misconduct or neglect of duty?
And what must they do?
The District Commander.
He will ensure an investigation is carried out.
Integrity Reporting
If an on duty member reports to their supervisor incomplete enforcement action by another employee and an attempt to evade the law enforcement process, what must happen?
The District Commander must be notified and an investigation will be initiated
If an employee believes they have material information relevant to misconduct or serious deficiency or error in Exec. of police duty and fears disclosure locally will put them in harms way who do they report it to?
- District Commander
- National Manager: Police Professional Conduct
Where is information and direction for staff located in relation to Integrity Reporting?
Police Manual Chapter “Integrity Reporting and Speaking Up”
IPCA Act 1988
What does Section 12 of the Act relate to?
The functions of the Authority
IPCA Act 1988
Section 12 identifies the functions of the Authority. What are they?
To receive complaints about police-
- Misconduct or neglect of duty
- Any practice, policy or procedure affecting a person making the comp
- investigate when satisfied there are reasonable grounds in the public interest re an incident involving death or serious bodily harm notified to them by the Commissioner (Sec 13)
- take such action in respect of complaints contemplated by the act.
- investigate misconduct, neglect of duty, police Policy, practice and procedure that the Auth. ID’s relates to the complaint even if the complaint does not refer to the behaviours etc
IPCA Act 1988
Refers to Serious Bodily Harm- what is the definition of it?
Includes:
- Any Fracture
- Deep Cut
- Impairment of bodily function
- Blow to head causing serious unconsciousness
Injury that result in admission to hospital
- Allegation of Sexual Assault
An exception is if someone is hospitalised for dog bites where wounds need washing out and the injury is not a “deep laceration”
What are the commissioners responsibilities in relation to reporting complaints to the IPCA? (Sect 15 IPCA Act 1988)
Hint - 2
- He shall notify them of every complaint received by police other that those the authority advises him of
- he will advise them ASAP and no later that 5 days after receipt
What are the commissioners responsibilities in relation to reporting re status of complaints to the IPCA? (Sect 20 IPCA Act 1988)
1 - He shall ASAP and no longer that 2 months after completion of police investigation report to the IPCA -
a- wheather the complaint has been upheld and if so what action is to be taken
b- wheather the complaint has been settled by reconciliation
2 - Shall supply IPCA accompanying material to enable them to assess the adequacy of the police investigation.
3- The com can consult with the authority on police proposals prior to reporting under this section
Police investigations of complaints and notifiable incidents
What are the 4 key principles underpinning the Police Complaints Process?
- To ensure complaints are investigated in a fair timely and effective manner.
- To ensure all reasonable steps are taken to investigate complaints and NI
- The ensure that Comp. and NI 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
Who categorises all complaints and Notifiable incidents?
The IPCA
There are 5 categories that Comps and NI’s can be put into. What are they?
Cat 1 - These are serious complaints - the IPCA may decide to carry out it’s own investigation
Cat 2 - These are serious or significant matters where the IPCA will actively oversee the police investigation
Cat 3 - No longer exisits
Cat 4 - Matters the IPCA consider appropriate for facilitated case resolution. Will be referred to police for conciliation with the comp. and an investigation if necessary.
Cat 5 - Minor matters that require no further action by the IPCA however police may need to assess to ensure no performance or conduct issues
Under the MoU with the IPCA what other incidents can the commissioner advise them of?
The Com. may notify the IPCA of any matter involving criminal offending or serious misconduct by a police employee where the matter is of such significance or public interest that it places the police’s reputation at risk
What are the principles when taking a complaint from someone regarding police conduct?
Hint - 3 things
- be treated with courtesy, respect and compassion
- have their comp received and actioned promptly
- be advised of the procedures for actioning their complaint
If a complaint is received by District who notifies the IPCA?
District must notify the National manager Prof. Conduct at PNHQ who notifies the Authority. Districts must NOT notify the IPCA themselves.
What are some examples of serious complaints?
Hint - 4
- Complaints that generate significant media coverage
- Complaints that involve police employees with the rank of Inspector or above or non-Const equivalent snr managers
- Involve Exec police employees
- Complaints regarding any incident of a sexual nature
Where does overall responsibility lie for management of investigation into NI or complaints?
- The District Commander where the employee is stationed
- The National Manager of the service Centre where the employee is employed
Investigation updates
D/C’s must actively manage investigations in their Districts. How often must they report to the NM. Police Prof. Conduct?
Monthly
Investigation updates
For significant matters subject to a commissioners Notification how ofter must the District PCM report to NM. PPC?
Weekly
If an A/Com, D/C, NM or investigator wants to consult with the IPCA in relation to a police proposal for resolution, what must they do?
They must contact the NM of Police Prof Conduct who liaises with the IPCA
Integrity Reporting and Speaking up
What is deemed to be inappropriate behaviour?
hint - 4 examples
- Unethical behaviour
- Behaviour may be in breach of the Code of Conduct
- Serious wrongdoing as defined by Sec 3 of Protected Disclosures Act 2000
- Harassment, Bullying and Discrimination
Integrity Reporting and Speaking up
This policy does NOT apply to what?
Hint - 3 things
- issues in relation to terms and conditions of employment
- Personal grievances
- Accusations that you know to be false
Integrity Reporting and Speaking up
Who should inappropriate behaviour be reported to?
- Direct Supervisor
- If uncomfortable another trusted supervisor,
- FTO
- or other senior employee
- Local HR Team
- A/C
- D/C
- N/M
- Ass Com
- Dep Comm
- Comm.
Integrity Reporting and Speaking up
As a supervisor when receiving a report of inappropriate behaviour what 5 steps should be followed?
1- Discuss in a neutral and unbiased fashion
2- If appropriate get a full detailed account including
- Nature of behaviour - Name/s of people involved - Time date place - Other relevant facts
3- Advise person
- what initial steps will be taken including who will
informed
- About the protection and support available to
them
4 - Report to the People group as appropriate
5 - Keep detailed records and ensure strict
confidentiality
Integrity Reporting and Speaking up
What are the Three Tiers of Speak Up Support?
Tier 1 - Core supervisory responsibility
Initial support lies with direct supervisor. If
unsuitable another Sup. will be delegated
responsibility to provide
Tier 2 - Proactive Management
Additional supp may be req where:
- Alleg may req an employment or criminal
invest.
- Reports some form of retaliation
Tiers 3 - Active Intervention
-where Tier 1 and 2 are insufficient.
With subjects approval refer case to local
Harassment Officer and or Exec. leadership
board
In what circumstances should you “Self Report” certain incidents?
Hint - 6
- Facing charges in court
- ION for EBA
- Any suspension of your D/L
- Any ION for excess speed over 40kph
- Respondent of a P/O
- Any Charge or Infringe. that may lead to suspension of D/L.
If summonsed or electing to give evidence in court other than being a police witness, what must you do?
There is a requirement for you to self report to your supervisor
As a supervisor who receives a “self report”, what must you do?
Forward the report through line command to the District PCM. They will determine what action to take if any
Early Intervention
Early intervention is preventative in nature. What are the four phases of EI?
- Identification
- Analysis
- Engagement and Intervention
- Feedback and Follow up
Can information gathered in EI be used in disciplinary action?
No - Info must not be used for disciplinary, performance appraisal and appointment process
What is Early Intervention?
EI id’s police employees who may not be performing at an acceptable level
Their past and present traits may be indicators that they pose a risk to themselves and police through unethical behaviour
EI is preventative in nature and aims at engaging with the employee in a remedial and supportive manner
Conflicts of Interest
There are 4 types on Conflicts. What are they?
- Actual Conflict of Interest
- Perceived Conflict of Interest
- Potential Conflict of Interest
- Other Interests
Conflict of Interests
What is the definition of “Actual Conflict of Interest”
A conflict between our official duties and our other interests that could interfere with our ability to be impartial, objective and independent
Conflict of Interests
What is the definition of “Perceived Conflict of Interest”
The perception of outside observers that our other interests may interfere with our ability to be impartial, objective and independent, whether or not that is the case
Conflict of Interests
What is the definition of “Potential Conflict of Interest”
A situation where our other interests have the potential to interfere with our official duties in the future, ore where our official duties could affect our other interests in the future
Conflict of Interests
What is the definition of “Other Interests”
Interests unrelated to police - such as personal, financial, family or outside committee nature
Conflict of Interests
Internal investigations
For internal investigations Cat 1 and 2, what must the investigator do?
Complete an Independence of Investigation Conflict of Interest Declaration
Conflict of Interests
Internal investigations
For internal investigations Cat 4 and 5, what must the investigator do?
Complete an Independence of Investigation Conflict of Interest Declaration if an actual, perceived or potential conflict of interest exists.
Conflict of Interests
External investigations
For external investigations, what must the investigator do?
Evaluate their independence
Complete an Independence of Investigation Conflict of Interest Declaration form in situations where an actual, perceived or potential conflict of interest exists.
Conflict of Interests
If asked to provide a Character Reference what should be considered?
- Must only provide them ans private individuals
- Must not be on police letterhead
- must not refer to you work position or title
- must be approved by the D/C or NM
Conflict of Interests
If you identify a Conflict of Interest what should you do?
- Report it to your supervisor ASAP
- Complete a Complete an Independence of Investigation Conflict of Interest Declaration form (internal and external)
- Conflict of Interest Confidentiality Agreement - Panel to be used by those involved in procurement
- Generic Conflict of Interest Declaration form - to be used in any other situation where conflict arises
