IPCA Flashcards
Independent police conduct authority act 1988
Section 12, functions of the authority
To receive complaints alleging any misconduct or neglect of duty by any police employee or
Concerning any practice, policy, or procedure of the police affecting the person or body of persons making the complaint in a personal capacity.
To investigate, where it is satisfied there are reasonable grounds to carry out an investigation in the public interest, any incident involving death or serious bodily harm notified to the authority
To take such Action in respect of complaints, incidents, and other matters. 
Section 13, duty of commissioner to notify IPCA
Where a police employee acting in the execution of his duty causes, or appears to have caused, death or serious bodily harm to any person, the commissioner shall ASAP advise the authority in writing setting out the particulars of the incident.
What is included in the term serious bodily harm?
Includes any fracture, deep laceration, injury to internal organ, impaiment of a bodily function, blow to the head that causes severe concussion, injury that results in admission to hospital, or an allegation of sexual assault.
Section 15, duty of the commissioner to notify authority of complaints
The commissioner shall notify the authority of every complaint received by the police, other than a complaint notified to the commissioner by the authority.
Must be done ASAP, but no later than five working days after receipt of the complaint.
Section 20, duty of commissioner to report to authority on police investigation of complaint
The commissioners shall ASAP, and no later than two months, after the completion of a police investigation of a complaint, report to the authority…
Whether the complaint has been upheld and if so what action was taken to rectify the matter
Whether the complaint has been settled by conciliation.
The commissioner shall supply the accompanying material sufficient to enable the authority to assess the adequacy of the police investigation.
The commissioner may consult with the authority on any police proposals for action.
What are the key principles when police investigate complaints or notifiable incidents?
Ensure complaints are investigated in a fair, timely and effective manner.
Ensure all reasonable steps are taken to investigate complaints/incidents
Ensure complaints/incidents are investigated within the guidelines of good practice, without bias or conflict of interest
All employees have a right to be advised of any allegations against them and the right to respond
How long does the commissioner have to notify the authority of every complaint or incident?
Five days but as soon as practicable
Describe the IPCA investigation categorisation, ABCD
A. Serious complaints where IPCA may decide to conduct its own investigation.
B. Serious or significant matters that are referred to Police for investigation with oversight from the IPCA.
C. Matters that are considered appropriate for facilitated case resolution. Referred back to the police to manage. Matter capable of early resolution.
D. Minor matters that require no further action by the IPC A. Police may need to assess still to see whether there are performance or conduct issues that could be improved.
Memorandum of understanding with the authority
The commissioner may notify the authority of any matter involving criminal offending or serious misconduct by police employee that is of such significance or public interest that it might put the police reputation at risk.
List some examples of matters that have been referred to the authority by Police
Non-injury pursuit that caused significant damage and is likely to place the police reputation at risk
Cell block or custody self harm attempt that does not result in serious injury
Use of force matter that does not result in serious injury but as of such significance or public interest that it could put the police reputation at risk.
Initial action when you get a Matter that is not a complaint but an expression of dissatisfaction
Make every effort, without delay, to resolve the matter to the satisfaction of the enquirer.
Initial action when you get a complaint that was made orally
The police employee receiving the complaint must summarise it in writing or ask the complainant to do so, and get the complainant to sign it ASAP.
Initial action when a person comes into the police station
Speak with complainant and record the complaint in writing. You must not ask the complainant to return or call-in another day to deal with some other police employee or section.
Initial action when the complaint is about the only person available at that police station.
That officer must record the complainant’s details and promptly submit a report to the district Commander or professional conduct manager who will arrange for an independent employee to take the complaint
Initial action when the complainant is unable or reluctant to call at a police station
You must advise the complainant that arrangements can be made for them to be interviewed elsewhere
