IPCA Flashcards
s13 IPCA Act- notifying authority of certain incidents causing death or serious bodily injury
When acting in the execution of their duty causes or appears to have caused, death death or serious bodily harm the commissioner must advise the authority of the circumstances in writing.
What is “Serious Bodily Harm”?
Any fracture, deep laceration, significant injury to an internal organ, significant impairment of bodily function, blow that renders Simone unconscious or injury that results in admission to hospital (except treatment only at A&E)
Notification to be made whenever someone has been hospitalised except for dog bite treatment
s15 IPCA Act - notifying authority of complaints
All complaints to be notified to IPCA within 5 days
IPCA will also investigate as per MOU clause 13
- any criminal offending or serious misconduct that is in the public interest and likely to cause damage to police reputation
- intentional discharge of a firearm
- adverse judicial comment against police, policy, procedure
- attempted suicide, self harm in custody
- unintentional dog bite
IPCA categorisation
The authorities categorises all complaints or notifiable incidents
Advises director of integrity and conduct if there is further info gained and re categorisation and reaches agreement
Make an RFI to assist in categorisation
What is IPCA Category A
Serious complaint where the authority may decide to do their own investigation
What is IPCA Cat B
Serious or significant matters referred to police for investigation with over sight from the authority
Authority does full review at conclusion of investigation
What is IPCA Cat C
Appropriate for early resolution
Referred to police for conciliation with complainant and investigation if required
What is IPCA Cat D
NFA
Police need to assess the performance and conduct of
Actions on receiving a complaint against police
- If EOD - Make effort to resolve it
- oral complaint - summarise in writing and have them sign it
- come to police station - make every effort to record in writing. Do not turn them away
- if complaint about only person in station - brief report to DPCM
- if complaint reluctant come to station to make statement - make alternative arrangements
- complaint with lawyer/support person present - must facilitate that
- if complaint made on behalf of someone else - you need to to speak to that person directly or facilitate through lawyer
- id complaint made by person in custody - ensure questions relate to the allegation and can have support person present
Do you notify the authority directly?
No - you notify the director of integrity and conduct who notifies the authority.
What is an expression of dissatisfaction (EOD)
Exactly that and not intended to be a complaint and can be resolved via explanation.
An EOD is not a complaint
What is a serious complaint against police?
A complainant or issue of such significant public interest it puts or is likely to put the police’s reputation at risk.
Examples of serious complaints or issues against police?
- against police employees which would generate media coverage
- complaints that are not serious but involves an inspector or above or non sworn equivalent
- against executive employees
- of a sexual nature
Investigation tasks
- confirm or negate criminal liability. Investigators assessment must include policy and procedure relevant to circumstances
- confirm or negate liability under the code of conduct
- clearly document findings, conclusions and recommendations
- consider SG Prosecution Guidelines
- have any decision of filing charges independently reviewed
- have any discipline matters reviewed by senior HR Advisor, PPC manager
- independent investigators (outside the district) must report the DC of the district they are in unless the commissioner changes the line of command
- agreed terms of reference must be agreed by DC or director for out of town investigators.
Investigation standards
Employment investigations arising out of a complaint or critical incident must be done by a seperate investigator
What is a conflict of interest?
Means a conflict between public duty and public and/or private interests. Personal interests can be financial and or relate to family/friends. Conflicts maybe actual, potential or perceived.
What is an actual conflict of interest?
Conflict between official duties and our other interests which could interfere with the officers ability to be impartial, objective and independent
What does perceived conflict of interest mean?
Perception of outside observers that an employees interests may interfere with their ability to be impartial, objective and independent whether or not that is the case
What does potential conflict of interest mean?
Where an interest has the potential to interfere with an employees duties in the future or if their duties could effect other duties in the future.
What is an actual conflict of interest
Conflict between offical duties and other interests that interferes with politics employees ability to be impartial, objective and independent
What is perceived conflict of interest?
Perception of outside observers of a police employees ability to be impartial, objective and independent whether or not that is the case
What is a potential conflict of interest?
Where other interests have potential to interfere with a police employees duties in the future
What are other interests when talking about conflict of interest?
Interests unrelated to police. Personal, family, financial
