Chapter 6: Complaints involving Police, Conflicts of Interest

Question 1

Under protected disclosures Act. If employer makes disclosure about serious wrongdoing in their work place.
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

S 13 IPCA Act.
A. 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?
B. What is definition fo SBH (7)
c. What is exception to hospitalisation

Answer 3

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

B. 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

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

Question 4

S15 IPCA Act.
A. What other things does the Commissioner have to report to the IPCA?

B. How long does Commissioner have to report notifiable incidents to IPCA

Answer 4

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 5

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 5

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)
ii) use of force, not significant injury but significant public interest or likely to place police reputation at risk

C.

• S 13 IPCA. Police cause Death or Serious Bodily harm
• S 15 IPCA. Complaints to Police about Police
• Clause 10 MOU. Notifiable instances where significant public interest or likely to place police reputation at risk.

Question 6

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

Answer 6

• Ensure they are investigated in a fair, timely and effective manner
• Ensure all reasonable steps are taken to investigate
• Ensure complainants 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 7

What are the four categories of the IPCA investigations

Answer 7

• 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 8

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

Answer 8

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

Question 9

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

Answer 9

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

Question 10

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 10

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

Question 11

Who notifies IPCA?

Answer 11

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

Question 12

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

Answer 12

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

Question 13

List four primary examples of “Serious Complaint” for which the Commissioner needs to be advised

Answer 13

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

Question 14

Who must the person receiving the complaint notify?

Answer 14

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

Question 15

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

Answer 15

1. Assess Criminal liability and Code of Conduct breaches.
2. Documentation on findings including 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).

Question 16

Who has overall management of an investigation into a notifiable matter

Answer 16

District Commander or National Manger. 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 17

If any one, including DC, NM, investigator wishes to have contact with IPCA in relation to a complaint how should this occur

Answer 17

Must be done through Director Police Professional Conduct

Question 18

Describe “Conflict of Interest”

Answer 18

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

Question 19

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

Answer 19

No

Question 20

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 refence

Answer 20

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 21

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

Answer 21

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

Question 22

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

Answer 22

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.

Question 23

Whose responsibility is it to determine whether a disclosed conflict affects team members ability to make unbiased decisions or whether a reasonable observer may consider a bias

Answer 23

Supervisor and manager