Complaints involving Police Flashcards
What does the Kia Tu policy set out to do
Sets a way employees can respond to unacceptable behaviour whether it is through addressing it themselves doing so with support raising it with their manager or reporting through Kia Tu reporting portal
What is held in clause 10 of MOU between IPCA and Police
In addition to sec 13 and 15 the 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 Police reputation at risk
Under sec 13 of IPCA 88 what is the requirement of the commissioner
To notify authority of certain incidents involving death or serious bodily harm in written notice
Notification ought to be made under sec 13 whenever a person is hospitalised as a result of Police actions
It is not necessary if the injury is the result of a dog wound where it isn’t a deep laceration and only needs to be washed out and sutured
What is an employee to notify their supervisor if they are the subject of
- Any charges faced in court
- An infringement notice for driving with excess breath alcohol
- Suspension of driver’s licence
- An infringement notice with excess speed over 40
- Becoming the respondent of a PO
- Any charge or infringement notice that could lead to suspension of licence
What are the responsibilities of leaders within Kia Tu
- Monitor work environments to identify any factors contributing to unacceptable behaviour
- Address any concerns of unacceptable behaviour before it occurs
- Promote a culture that enables team members to resolve concerns at the lowest levels
- Formally report any serious concerns of unacceptable behaviour
- Ensure team members are aware of this policy the process and support available
- Ensure support is provided to all people involved during the consideration of concerns
- Assess and make adjustment to reporting lines or the work location as required
- Assign responsibility to another manager where this is a conflict of interest or perceived conflict of interest
- Provide support when a formal concern has been raised by ensuring everyone involved
- receives a fair hearing
- Is kept fully informed during the process
- Has a support person present at meetings if they wish
- Is provided with information being relied on by Police
- Is encouraged to access Support Services
What are the key principles underpinning the Police complaints processes
- To ensure 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
What does sec 15 provide under IPCA 88
The commissioner shall notify the authority of every complaint received by Police
Notification must be given as soon as practicable but no later than 5 working days after the receipt of the complaint
What is the purpose of Kia Tu
To prevent and resolve harmful behaviour at work such as bullying harassment discrimination sexual harassment and racial harassment
What is in sec 20 IPCA Act 1998
Duty of commissioner to report to authority on Police investigation of complaint
No later than 2 months
- Whether complaint is upheld and what action
- Whether complaint has been settled by conciliation
What are the 4 categories used by IPCA
Cat A - Serious complaints
Cat B - Serious or significant complaints referred to police with oversight from IPCA
Cat C - Case resolution
Cat D - No further action
What may IPCA do when receiving a complaint
- Receive and independently investigate
- Investigate where satisfied there are reasonable grounds to carry out an investigation
- Oversee or review
- Take such action in respect of complaints
What is the principle in dealing with complainants
- Be treated with courtesy, respect and compassion
- Have their complaint received and actioned promptly
- Be advised of the procedures for actioning their complaint
What is the definition of a serious complaint
A complaint or issue of such significance public interest that it puts the Police’s reputation at risk
What is the standard of investigation for an IPCA complaint