Comms Part 4 Flashcards
What are the 4 rules of Assertiveness?
4 Rules of Assertiveness- HERB
Be HONEST – IPE – Explain why you are speaking to them
Negotiate on EQUAL terms – Be clear to the person and what you require of them
RELEVANT facts only – What are the relevant facts to consider in the scenario?
Stick to your BOTTOM line – What should the person do to cease the conduct/behaviour?
Why have discretion
Why have discretion?
Community as a whole doesn’t always want the law enforced
Uphold the spirit of the law, rather than the letter of the law
Laws can’t conceive of every situation and still remain workable
Law breaker’s intent isn’t always deliberate, malicious or evil
4 roles of Police in Conflict Situations
Mediator
Enforce
Negotiator
Facilitator
Conflict occurs when….
Conflicts of Interest:
Occur when…
The private interests of a NSWPF employee…
Interferes with or influences, or
Appears to interfere with or influence their official duties and responsibilities
What are the 3 types of conflict of interest-APP
Conflicts of Interest- APP
Actual- Conflict exists between your official duties or responsibilities and your private interests
Perceived- Where it could be seen by others that your private interests could improperly interfere with or influence you in the performance of your official duties or responsibilities, whether or not this is in fact the case.
Potential- Future possibility where your private interests could interfere with or influence your official duties or responsibilities
Conflict of interest the 3 areas of concern what are they ?
Conflict of Interest - Areas of Concern - SID
Three areas of concern for risk of conflict of interests are:
Secondary employment
Interpersonal relationships
Declarable associations
What are the 2 types of corruptions ?
Process Corruption:
Interfering with the processes of the organisation or the administration of justice
Motivated by personal gain/reward
E.g. planting evidence, perjury, verballing, denial of basic human rights, evidence tampering, taxing, under/over-stating evidence, assault during arrest etc.
Doing the wrong thing for the wrong reason
Note: In addition to the Actus Reus, it is usually the Mens Rea that distinguishes process corruption from noble cause corruption.
Noble Cause Corruption:
A corrupt act is undertaken without thought of personal gain but to get the job done.
The intent is not for personal gain, but for the ‘greater good of society’
E.g. planting evidence to upgrade charges, coercing a confession
Doing the wrong thing but apparently for the right reason
Note: In addition to the Actus Reus, consider the Mens Rea and how it differs from that of process corruption.
What population groups are considered vulnerable under S.112 of LEPRA 2002 (NSW)?
A vulnerable person is someone who is:
Defenceless in facing potential risks
Capable of being physically or emotionally wounded
Open to attack or damage; assailable
Legally vulnerable persons are defined under S.112 of LEPRA 2002 (NSW) for legal obligations towards vulnerable persons under police custody
Persons under 18, or
Aboriginal or Torres Strait Islanders, or
Persons of Non-English Speaking Background, or
Persons who have a disability (Physical, intellectual or otherwise)
No legal specific vulnerable people ?
Socially vulnerable persons includes groups where there is no specific legal obligation such as: Elderly Victims of DV Homeless people LEPR Regulation 2016 (NSW), Clause 28(1) (P) Impaired physical functioning (A) Aboriginal Persons or Torres Strait Islanders (N) Non-English speaking background (I) Impaired intellectual functioning (C) Children
Primary and Secondary Victims of Crime
Primary victim of crime?
Someone who has suffered physical harm, emotional trauma and/or financial loss because of criminal activity or emergency.
Secondary victim of crime?
Someone who has witnessed a crime or is connected to a victim of crime, and might be adversely affected by the experience.
Death Messages- Things to Avoid
Be 100% certain of the facts - get positive ID of the deceased person and next of kin - double check everything!
Be empathetic - understand their feelings, don’t take them on yourself
Be professional - how you present yourself and what you say
Plan your visit - who are you speaking to & what information do you have
Don’t give false hopes - say “died” not “injured” - don’t be ambiguous
Deliver the news in the right place - Ask to come in, don’t say in public or at their doorway
Get the person(s) to sit down - prepare them for what is about to come
Provide details - don’t be graphic and remember investigations are underway around why the death has occured
Is there a support person they can contact - family & friends to support them through this
Remember, everyone takes news differently - Silence, Crying, Swooning (faint), Anger, Hatred, and Acceptance can all happen.
Empathy vs Sympathy
Empathy
Understanding another person’s views and feelings while maintaining your own perspectives (walking in another’s shoes).
Sympathy
Adopting another person’s feelings and emotions as your own.
Human Rights Police CAN Breach- DAMS
Deadly Force: Violation of the right of life (Article 3)
Arrest: Violation of right of liberty (Article 9)
Move along direction: Violation to right to freedom of movement (Article 13)
Searching: Violation to acthe right of privacy (Article 12)
What are the 5 steps to managing conflict of interest ASSCA:
5 Steps for Managing Conflict- ASSCA
Ask: Them to comply with your request. Make them aware what is required of them by asking/requesting that they do something.
Set context: Explain why they need to comply. Always related to law, policy and procedure – what is your bottom line and your powers?
Set options: Give options and some sense of control. What do they have to lose? Use this to negotiate compliance.
Confirmation: Confirm action to be taken and give a final chance to comply. How will you know you have an agreement?
Action: Take appropriate action. This relates to your goal and must be taken according to law, policy & procedure.
