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PPP151 COMMS > EXAM > Flashcards

EXAM Flashcards

1
Q

Describe the Oath of Office

A

The Oath of Office is a legally binding vow that enables original authority and discretion

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2
Q

The Oath of Affirmation for Police Officers come from?

A

Police Regulations 2015 (NSW), Section 7

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3
Q

Where does our Discretion come from?

A

Oath of Office

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4
Q

An Employee of the NSWPF must report misconduct of other NSWPF Employees. What policy supports this statement?

A

Code of Conduct and Ethics, Section 10

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5
Q

CODE OF CONDUCT AND ETHICS ARE?

A

An employee of the NSW Police Force must:
1. behave honestly and in a way that upholds the values and the good reputation of the NSW Police Force whether on or off duty
2. act with care and diligence when on duty
3. know and comply with all policies, procedures and guidelines that relate to their duties
4. treat everyone with respect, courtesy and fairness
5. comply with any lawful and reasonable direction given by someone in the NSW Police Force who has authority to give the direction
6. comply with the law whether on or off duty
7. take reasonable steps to avoid conflicts of interest, report those that can not be avoided, and co-operate in their management
8. only access, use and/or disclose confidential information if required by their duties and allowed by NSW Police Force policy
9. not make improper use of their position or NSW Police Force information or resources
10. report misconduct of other NSW Police Force employees.

Failure to comply with the Code of Conduct and Ethics may result in management action.

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6
Q

What are the key actions of Customer Service Guidelines?

A

• Ensure Victims Receive a Victims Card with an event number
• 7 Day follow up
• When matters become cases, continue to inform victim & witnesses of development during investigation & lead up to the court date every 28 days
• Comply with the Charter of Victim rights

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7
Q

Why is it important for police to demonstrate excellent Customer Service?

A

• Increased public confidence, lower complaint rates and lower costs associated with complaint management
• Greater recognition of staff
• More efficient court proceedings and a positive impact on crime rates through more effective victim and witness management during the investigation and prosecution of crime
• Increased willingness of victims of crime to seek assistance from police

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8
Q

According to the NSW Police Force Customer Guidelines, police must ensure initial victim follow-up within a certain timeframe. What is it?

A

7 Days

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9
Q

The Charter of Victims’ Rights lists 18 rights for victims of crime in New South Wales. What arethey?

A

• Access to Services
• Courtesy, Compassion and Respect

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10
Q

Definition of Police Act 1990 (NSW) Section 211F

A

Member of the NSW Police Force under duty must report misconduct of a police officer, it must be in writing to another officer who is of the rank of Sergeant or above and is more senior in rank than the police officer with a duty to report.

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11
Q

What does the SELF acronym components mean?

A

• Scrutiny – Would my decision withstand scrutiny by the community and the NSWPF?
• Ethical - Is my decision ethical and consistent with the Statement of Values, Oath of Office, and the Code of Conduct and Ethics?
• Lawful - Does my decision comply with all laws, regulations, and policies?
• Fair - Is my decision fair to my colleagues, community, and family?

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12
Q

What are three areas of concern for risk of conflict of interest?

A

• Interpersonal Relationships
• Secondary Employment
• Declarable Associations

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13
Q

What is a Conflict of Interest?

A

What is a Conflict of Interest?

Actual – Exists between official duties or responsibilities and your private interests
Perceived – Where it could be seen by others that your private interests could interfere with or influence your performance. “Where there is no actual conflict”
Potential – Where your private interests could interfere with or influence your official duties/responsibilities in the future

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14
Q

How do you deal with a Conflict of Interest?

A

• Identify
• Avoid
• Report
• Manage the conflict

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15
Q

TRUE OR FALSE?
Using appropriate discretions allows you to better fulfill your role, functions and duties by complying with The Oath of Office (OOO), statement of Values (SoV) and the Code of Conduct and Ethics (CCE)

A

True

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16
Q

Where does our Discretion come from?

A

Oath of Office

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17
Q

What is the appropriate discretion?

A

• Ignores irrelevant facts
• Takes account of relevant facts
• Has consistency
• Is based on rationality
• Is applied in good faith

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18
Q

What is Maladministration?

A

• Using Discretion inappropriately
• Not intentional, not criminal, not unlawful

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19
Q

What is Police Discretion?

A

Discretion, in simple terms, is the freedom of an officer to decide what should be done in a particular situation; on the condition that the decision is informed, lawful and appropriate

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20
Q

What are the four behaviours?

A

• Passive
• Submissive
• Aggressive
• Assertive

21
Q

What do you consider to be the key barriers to communicating with diverse groups and individuals?

A

• Emotional distress
• Anger
• Fear, Anxiety, Confusion
• Intimidation
• Physical impairment – visual, hearing, cognitive
• Different values / expectations
• Poor skills
• Power relationships
• Inability to listen
• Suspicion
• Torture or trauma experience
• Fear of police
• Personality, gender, age
• Lack of interpreters
• Lack of translated materials
• Lack of skills in using interpreters.

22
Q

What are the four types of listening?

A

• Non-Listeners = no effort
• Marginal = Hear words/sounds but does not compute
• Evaluate = Listens, fails to capture feeling
• Active = active listening

23
Q

What is assertiveness?

A

”… enables a person to act in his or her own best interest, to stand up for himself or herself without undue anxiety, to express honest feelings comfortably, or to exercise personal rights without denying the rights of others

24
Q

What are the key elements of assertiveness?

A

The following are strategies that you can choose to work through when being assertive:
• First, establish your bottom line. Once you have established the bottom line … stick to it! Don’t be bullied or pushed from it. Repeat it as often as necessary to establish your point
• Ignore what is irrelevant. This includes insults, temper tantrums and emotional blackmail. Keep reminding yourself to come back to your bottom line
• Use the three-part assertion message to outline the problem, state your feelings and reasons for those feelings
• Offer options. Most people like to feel that they have a choice
• Make it easy for the other person to say yes to your preferred choice.

25
Q

What are the two different types of Corruption? Define them

A

Process Corruption – Done with some form of personal gain or advantage
Noble Cause Corruption – Doing the wrong thing for the right reason

26
Q

What is corruption?

A

Unlawful Conduct

27
Q

What is corruption and why are police morally vulnerable?

A

Corruption may be…
• Deliberate unlawful conduct, whether by act or omission, on the part of a member of the NSW Police Force
• utilising position, whether on or off duty
• the exercise of police powers in bad faith
Corrupt conduct is not always high-level or at the extreme end of misconduct. It can be at ground level, such as assault by an officer during arrest.
What is it meant by the term “Stereotype”?
Is a preconceived notion, especially about a group of people. This can be racist, sexist, or homophobic and could either be negative, neutral, or positive

28
Q

What is the difference between prejudice and stereotype?

A

P = always negative
S = Negative and positive

29
Q

What is it meant by prejudice?

A

Is a preconceived opinion that is not based on reason or actual experience. It is pre-judging someone that is always negative

30
Q

What are the four components of procedural justice?

A

• Neutrality
• Respect
• Trustworthiness
• Voice

31
Q

Describe relationships between procedural justice & legitimacy police?

A

Procedural Justice – An individual’s perception that they have been dealt with by police in a fair manner
Legitimacy – How the community looks at NSWPF

32
Q

When making ethical decisions as a police officer, you should always be o____, t____ & a_____

A

Open, Transparent and Accountable

33
Q

Assertive communication techniques aid police in managing situations by allowing them to achieve both their aims and needs of others, its requires police to…

A

State their point of view on request clearly

34
Q

In relation to the NSW Police Customer Service Guideline, there are three recommendations as to how police should deal with, outline all 3

A
  1. Always remain calm, polite and professional
  2. Listen to and acknowledge customer enquiries
  3. Tell the customer when no further action can be taken
35
Q

What are the four rules of Assertiveness?

A

• Be Honest
• Relevant facts only
• Stick to your bottom line
• Negotiate on equal terms

36
Q

What is Police Act 1990 (NSW), Section 6?

A

Missions and functions of NSW Police Force

(1) The mission of the NSW Police Force is to work with the community to reduce violence, crime and fear.
(2) The NSW Police Force has the following functions—
(a) to provide police services for New South Wales,
(b) to exercise any other function conferred on it by or under this or any other Act,
(c) to do anything necessary for, or incidental to, the exercise of its functions.
(3) In this section—
police services includes—
(a) services by way of prevention and detection of crime, and
(b) the protection of persons from injury or death, and property from damage, whether arising from criminal acts or in any other way, and
(c) the provision of essential services in emergencies, and
(d) any other service prescribed by the regulations.
(4) A reference in this section to the functions of the NSW Police Force includes a reference to the functions of members of the NSW Police Force.
(5) The provision of police services in emergencies and rescue operations is subject to the State Emergency and Rescue Management Act 1989 and to the Essential Services Act 1988.
(6) Nothing in this section confers on the NSW Police Force a power to provide a police service in a way that is inconsistent with any provisions applicable to police officers under the Law Enforcement (Powers and Responsibilities) Act 2002.

37
Q

What Act and Section is Charter of Victims Rights?

A

Victims Rights and Support Act 2013 (NSW) Section 6
The following comprises the Charter of rights of victims of crime—
6.1 Courtesy, compassion and respect
A victim will be treated with courtesy, compassion, cultural sensitivity and respect for the victim’s rights and dignity.
6.2 Information about services and remedies
A victim will be informed at the earliest practical opportunity, by relevant agencies and officials, of the services and remedies available to the victim.
6.3 Access to services
A victim will have access where necessary to available welfare, health, counselling and legal assistance responsive to the victim’s needs.
6.4 Information about investigation of the crime
A victim will, on request, be informed of the progress of the investigation of the crime, unless the disclosure might jeopardise the investigation. In that case, the victim will be informed accordingly.
6.5 Information about prosecution of accused
(1) A victim will be informed in a timely manner of the following—
(a) the charges laid against the accused or the reasons for not laying charges,
(b) any decision of the prosecution to modify or not to proceed with charges laid against the accused, including any decision to accept a plea of guilty by the accused to a less serious charge in return for a full discharge with respect to the other charges,
(c) the date and place of hearing of any charge laid against the accused,
(d) the outcome of the criminal proceedings against the accused (including proceedings on appeal) and the sentence (if any) imposed.
(2) A victim will be consulted before a decision referred to in paragraph (b) above is taken if the accused has been charged with a serious crime that involves sexual violence or that results in actual bodily harm or psychological or psychiatric harm to the victim, unless—
(a) the victim has indicated that he or she does not wish to be so consulted, or
(b) the whereabouts of the victim cannot be ascertained after reasonable inquiry.
6.6 Information about trial process and role as witness
A victim who is a witness in the trial for the crime will be informed about the trial process and the role of the victim as a witness in the prosecution of the accused.
6.7 Protection from contact with accused
A victim will be protected from unnecessary contact with the accused and defence witnesses during the course of court proceedings.
6.8 Protection of identity of victim
A victim’s residential address and telephone number will not be disclosed unless a court otherwise directs.
6.9 Attendance at preliminary hearings
A victim will be relieved from appearing at preliminary hearings or committal hearings unless the court otherwise directs.
6.10 Return of property of victim held by State
If any property of a victim is held by the State for the purpose of investigation or evidence, the inconvenience to the victim will be minimised and the property returned promptly.
6.11 Protection from accused
A victim’s need or perceived need for protection will be put before a bail authority by the prosecutor in any bail application by the accused.
6.12 Information about special bail conditions
A victim will be informed about any special bail conditions imposed on the accused that are designed to protect the victim or the victim’s family.
6.13 Information about outcome of bail application
A victim will be informed of the outcome of a bail application if the accused has been charged with sexual assault or other serious personal violence.
6.14 Victim impact statement
A relevant victim will have access to information and assistance for the preparation of any victim impact statement authorised by law to ensure that the full effect of the crime on the victim is placed before the court.
6.15 Information about impending release, escape or eligibility for absence from custody
A victim will, on request, be kept informed of the offender’s impending release or escape from custody, or of any change in security classification that results in the offender being eligible for unescorted absence from custody.
6.16 Submissions on parole and eligibility for absence from custody of serious offenders
A victim will, on request, be provided with the opportunity to make submissions concerning the granting of parole to a serious offender or any change in security classification that would result in a serious offender being eligible for unescorted absence from custody.
6.17 Financial assistance for victims of personal violence
A victim of a crime involving sexual or other serious personal violence is entitled to make a claim under the Victims Support Scheme.
6.18 Information about complaint procedure where Charter is breached
A victim may make a complaint about a breach of the Charter and will, on request, be provided with information on the procedure for making such a complaint.

38
Q

What is an examples of “Placing integrity above all”?

A

Police do the right thing for the right reason

39
Q

What is an example of “Upholds the rule of law”?

A

The Rule of Law can be summarised as a system of authority where all laws are publicly agreed upon, publicly available, and apply to all, especially the lawmakers and law enforcers

40
Q

What is an example of “Honours the public trust”?

A

Police are in a position of public trust

41
Q

What is an example of “Displays emotional intelligence”?

A

Emotional intelligence (EI) can be briefly defined as:
The capacity to be aware of, control, and express one’s emotions, and to handle interpersonal relationships judiciously and empathetically.

42
Q

A professional police officer looks beneath the surface of things and sees deeply into any policing situation. What does this mean?

A

Responses could include, but are not limited to:
Situational awareness
Officer safety
Victim care (at the scene and beyond)
Primary and secondary victims
Cultural issues
Religious issues
Family dynamics
Awareness of concepts of domestic violence
Legal obligations / requirements
Policy obligations / requirements
Overview of procedures and options available
Referral services
Ongoing victim care

43
Q

A professional police officer makes decisions that take account of important factors, not just what’s important to them personally. What does this mean?

A

Cultural biases, opinions, stereotypes

44
Q

A professional police officer makes impartial decisions even when under great stress and pressure. What does this mean?

A

Following a logical and justifiable decision-making process, despite the intensity of the situation
Complying with relevant legislative requirements
Complying with relevant policy requirements

45
Q

A professional police officer is able to justify why they made a decision. What does this mean?

A
  • Is able to follow a logical and justifiable decision-making process despite the intensity of the situation
  • Complying with relevant legislative requirements
  • Complying with relevant policy requirements
  • Complying with Statement of Values and Oath of Office (legislation)
  • Complying with Code of Conduct (policy)
46
Q

The Statement of Values is an example of Professional / organisational standard legislation. How does the Statement of Values promote professionalism?

A
  • places integrity above all
  • upholds the rule of law
  • seeks to improve the quality of life by community involvement in policing
  • strives for citizen and police personal satisfaction
  • capitalises on the wealth of human resources
  • ensures that authority is exercised responsibly
47
Q

Once you have taken the Oath or Affirmation, the powers granted to police under legislation such as Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) apply to you. What are you actually swearing that you will do when you take the Oath or Affirmation? How does it promote you to act professionally as a police officer?

A

Responses should be based on the words in the Oath.

48
Q

What does authority mean in the context of policing? What is the link between authority and the use of powers?

A

Authority means have legal permission. A police officer uses his/her powers in compliance with legislation, and therefore acts with authority. For example, as long as the police officer has a reason to search they are acting with authority because the legislation gives them legal permission to do so.

PPP151 COMMS (1 decks)

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