Complaints Involving Police

Question 1

Section 13 - IPCA Act - notify authority of certain incidents

Answer 1

Death, serious injury

ASAP give written notice to authority setting out particulars

Question 2

Section 15 - IPCA Act - notify authority of complaints

Answer 2

Must notify authority of complaint
No later than 5 days

(Also MOU - any significant or public interest)

Question 3

Key responsibilities- police complaints process

Answer 3

1) ensure investigated fair, timely, effective
2) all reasonable steps taken to investigate
3) investigated within good practice without bias or COI
4) employees have right to be advised

Question 4

Upon receiving a police complaint; every complainant must:

Answer 4

• treated with courtesy, respect and compassion
• complaint received and actioned promptly
• be advised of procedures

Question 5

If matter is not a complaint but expression of dissatisfaction you should:

Answer 5

Make every effort effort without delay to resolve the matter

Question 6

If a complaint is made orally you should:

Answer 6

Summarise I’m writing or ask complainant to do so and have them sign it as soon as practicable

Question 7

If a complainant calls at station you should

Answer 7

Make every effort to speak to them and record in writing.

Must not send away to deal with another employee

Question 8

If Subject of complaint is only person available to take complaint:

Answer 8

Record details and submit

Report to district police professional conduct manager, district commander or national manager

Question 9

If complainant reluctant to call at station you should:

Answer 9

Advise that arrangements can be made for them to be interviewed elsewhere

Question 10

If complainant wants to make complaint in presence of a friend or solicitor

Answer 10

Must facilitate that request

Question 11

If complaint is made on behalf of another person you should:

Answer 11

Speak with actual complainant.

If solicitor - make arrangements with them to speak with complainant

Question 12

If complaint is made by person in custody you must:

Answer 12

Ensure questioning relates solely to matters directly relating to the allegation

Question 13

Who must be notified of police complaints?

Answer 13

District must advise national manager of police professional conduct who notifies authority

District must not notify authority directly

Question 14

What is a serious complaint against police?

Answer 14

A complaint of such significant public interest it puts, or is likely to put the polices reputation at risk

Question 15

Examples of serious complaints against police

Answer 15

Sig media coverage

Against insp or above

Involve police executive

An sexual nature

Question 16

Standards of investigation against police:

Answer 16

1) Assess potential crim liability
2) assess potential code liability
3) document findings
4) consider solicitor generals guidelines
5) have any charging decisions reviewed
6) have any disciplinary action reviewed
7) indep investigators bought in from other district report to district commander of nat man. Unless changed by commis in writing
8) indep inv agrees terms by DC or Nat man

Question 17

Definition of code of conduct

Answer 17

A situation where our personal or professional interests may conflict with our position, obligations or responsibilities as a police employee

Question 18

Types of conflict of interest:

Answer 18

1) actual conflict
2) perceived conflict
3) potential conflict
4) other interest (unrelatedly to police)

Question 19

Conflict of interest - internal investigations:

Answer 19

All investigators inv internal IPCA cat 1 and 2 - must complete IICID

IPCA cat 4 and 5 IICID complete for actual, perceived or potential

Firm must be attached to file and PDF sent to Blueteam

Question 20

Conflicts of interest in corporate context

Answer 20

1) Procurement - conflict in gender process
2) Written character reference - May only provide as individual with consent if DC or nat man
3) other sits - recruiting, managing etc..

Question 21

How to report conflict

Answer 21

Notify supervisor

1) IICOID form - for all inv int and ext
2) COI confidentiality agreement - panel chair or panel involved in procurement
3) generic COID fir any other type

Question 22

Supervisor responsibilities re COI

Answer 22

Determine if COI could prevent unbiased decisions or observer maybe consider it to be biased

Question 23

Supervisor strategies to manage conflict:

Answer 23

1) note COI only
2) obtain agreement from both parties
3) additional oversight
4) assign another emp
5) have employee step back

Question 24

Supervisor should - in regards to COI

Answer 24

1) Assess seriousness
2) ID strats
3) manage and record COI
4) ensure form attached to file
5) monitor
6) strategies to avoid future COI