Complaints Involving Police Independent Police Conduct Authority Act 1988 Flashcards
Dealing with complaints
What does Section 13 of the Act refer to?
Duty of Commissioner to notify Authority of certain incidents involving DEATH or SERIOUS BODILY HARM.
Under Section 13 of the Act, what does “Serious bodily harm” include?
Clue: there are 7
- Any fracture
- Deep laceration
- Injury to internal organ
- Impairment of a bodily function
- Blow to the head that causes severe concussion
- Injury that results in admission to hospital
- Allegation of sexual assault
Under Section 13 of the Act, what responsibility are Police required to do if someone is hospitalised as a result of Police actions?
Notification ought to be made under Section 13 whenever a person is hospitalized as a result of Police actions.
What is the exception not to report if the person is hospitalised according to Section 13 of the Act?
An exception that does not have to be reported are dog bites.
What is Section 15 of the Act?
Duty of Commissioner to notify Authority of COMPLAINTS.
Explain Section 15 of the Act?
(1) The Commissioner shall notify the Authority … of EVERY COMPLAINT received by Police…
(2) Notification MUST be given as soon as practicable, but no later than 5 working days.
What does Clause 10 of the Memorandum of Understanding between the Independent Police Conduct Authority and New Zealand Police state under S. 13 and 15?
In addition to the statutory notification under S. 13 and 15 of the Act, the Commissioner may notify the Authority of any matter involving criminal offending or serious misconduct by a Police employee , where the matter is of such significance or public interest that it places or is likely to place the Police reputation at risk.
Provide examples of significant complaints under S. 13 and 15?
Clue: there are 3 provided
- Examples:
. Non injury pursuit that causes significant damage.
. Any cell block or other custody self-harm attempt whether it results in injury or not.
. Use of force matter that does not result in serious injury.
What are the “Key principles” for Police investigations of complaints and notifiable incidents?
Clue: there are 4 provided
- To ensure that 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 are the ‘Principles’ on Initial action on receiving a complaint?
Clue: there are 3 provided
- Every complaint MUST:
- be treated with courtesy, respect and compassion
- have their complaint received and actioned promptly
- be advised of the procedures for actioning their complaint
- Districts MUST notify complaints to the National Manager: Police Professional Conduct at PNHQ who in turn notifies the Authority.
- Districts MUST NOT notify the Authority directly.
Responsibilities for Police employees receiving a complaint.
- If you receive a complaint you must refer it as soon as possible to your supervisor who will:
1. Issue appropriate instructions if the matter requires early attention.
2. Refer the file to the District Professional Conduct Manager who will notify the National Manager: Police Professional Conduct.
When notifying serious complaints made against any Police employee - define “Serious complaint”?
- Serious complaint defined:
. A complaint or issue of such significant public interest it puts, or is likely to place, the Police reputation at risk.
Examples of a “Serious complaint”?
- Complaints against Police employees likely to generate significant media coverage
- Complaints that would otherwise be considered not serious but involve Police employees who hold the position of Inspector or above, or non-Constabulary equivalent level senior managers
- Complaints that involve executive Police employees
- Complaints against Police employees regarding any incident of a sexual nature
How to notify regarding serious complaints?
- Notify the appropriate District Police Professional Conduct Manager, District Commander or National Manager.
What happens when Conflicts of Interest are poorly managed?
When poorly managed such conflicts can put both ourselves, and Police, at risk.
What are Conflicts of Inerests?
- In line with our values of Professionalism and Integrity, we expect Police employees to maintain high standards of behaviour.
- The integrity of our investigations and processes is PARAMOUNT.
- Our Code defines a conflict of interest as “a situation where our personal or professional interests may conflict with our position, obligations or responsibilities as a Police employee”.
- Supervisors MUST NEVER investigate allegations of sexual or other serious misconduct by employees under their direct supervision.
WHY policy exists regarding conflicts of interests in the workplace?
- Conflicts of interest occur naturally, as Police employees have numerous interests, many of which may give rise to conflicts in different situations.
- Poorly managed conflicts of interest can put both ourselves, and Police, at risk.
- The requirement to report conflicts of interest exists to protect our integrity, not to question it or test it.
HOW employees should prevent conflicts of interests in the workplace?
- All employees should be alert to POTENTIAL conflicts of interest and applies to ALL Police employees.
Different types of conflicts of interest in the workplace.
Clue: There are 4 provided
- Actual conflict of interest
- Perceived conflict of interest
- Potential conflict of interest
- Other interests
Importance when dealing with conflicts of interest in the workplace.
- It is important that conflicts of interest are RECOGNIZED and PROPERLY MANAGED.
- Conflicts of interest that are hidden, or poorly managed, create the risk of misconduct (or the appearance of misconduct) and could undermine public trust and confidence.
