Complaints involving Police COPY Flashcards
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)
A. They are immune from Criminal, Civil and Disciplinary proceedings in relation to the disclosure.
B. 1. Employee consents to release
- essential to investigating allegations or disclosure
- to prevent serious risk to public health/safety or environment
- essential to comply with natural justice
Integrity reporting. All employees must tell their supervisor if they are subject to what (6)
- Charges in court
- Infringement notice for EBA
- Suspension of drivers licence
- infringement for exceeding 40km over limit
- Respondent in protection order
- infringement notice that could lead to licence suspension
S 13 IPCA Act. 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
Written report to IPCA. requirement Includes serious bodily harm and death. 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
S15 IPCA Act. What other things does the Commissioner have to report to the IPCA?
B. How long does Commissioner have to report notifiable incidents to IPCA
Every Complaint received by Police, not being a complaint the IPCA have notified the commissioner about.
B. 5 working days for every complaint or notifiable incident.
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)
- 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. 1). S 13 IPCA. Police cause Death or Serious Bodily harm
2). S 15 IPCA. Complaints to Police about Police
3.) Cl 10 MOU. Notifiable instances where significant public interest or likely to place police reputation at risk.
What are the four categories of the IPCA investigations
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
If you receive an oral complaint against police, what must you do?
Summarise in writing (or they can) and have complainant sign it
What action must you take if you are the only available officer and receive a complaint against you?
Record complainants details. Submit report outlining circumstances to District Professional Conduct Manager, Nat Manager or District Commander who arrange to take complaint
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.
Ensure the questioning of the complainant relates solely to the allegation.
Ensure their representative is present during interview.
Who notifies IPCA?
All complaints forwarded via Districts to Director Police Professional conduct who notify IPCA
Define a “serious complaint” for which the Police Commissioner needs to be advised (2)
One which has:
Public interest or
Risks police reputation.
List four primary examples of “Serious Complaint” for which the Commissioner needs to be advised
1: Likely to generate media interest
2: Not serious but involve Inspector or above.
3: Complaints against Executive employees
4: Complaints of a sexual nature
Who must the person receiving the complaint notify?
District Police Professional Conduct Manager, District Commander or Nat Manager (who must notify Nat Mgr Prof Standards).
What are the key tasks of investigating a complaint? (7)
- Assess Criminal liability and Code of Conduct breaches.
- Documentation on findings including recommendations
- Consider Solicitor General guidelines
- Independent File review
- Recommendations reviewed by HRM, PPCM
- Independent investigators line of reporting
- Terms of reference (for outside District investigators).
Who has overall management of an investigation into a notifiable matter
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