Police Employees and Family Harm Flashcards
Family Harm Policies and Procedures
1
Q
PURPOSE?
A
- Details Police policies for responding to episodes in which Police employees are involved in Family Harm as a P.A.R. or Person posing risk.
- Ensures that Police balance its responsibility as an employer to support employees and their families with the need to act consistently and appropriately when responding to alleged family harm episodes
- Assures Police employees that all family harm episodes reported involving employees will be thoroughly investigated
- Acknowledges Police as an employer are in a unique position of having access to information that other employees do not.
2
Q
What does the Police Policy provide for Police employees regarding family harm?
A
- NZ Police is often judged by the way its employees represent it.
- It is therefore necessary to maintain a HIGH STANDARD of Personal and Professional Conduct and for employees to behave in a manner consistent with the organisation’s view that FAMILY VIOLENCE IN ALL FORMS, IS UNACCEPTABLE.
- Family Harm is UNACCEPTABLE conduct and will not be tolerated or condoned by the Police.
- When responding to family harm episodes involving it’s employees, Police MUST balance its responsibilities as an employer to support employees and their families. And to act consistently and appropriately, with the public interest and the reputation of Police in mind.
3
Q
What are the added COMPLEXITIES for Police employees who are involved in family harm episodes?
A
- There is added complexity for employees involved in a family harm episode due to the fact they work for Police.
- 2x simultaneous actions should occur:
1. the NORMAL Police response applies
2. WELFARE considerations are important for both parties and the Shift Supervisor SHOULD where appropriate, refer the matter to the LOCAL WELFARE OFFICER.
4
Q
What must Police consider when responding to family harm episodes involving Police employees?
A
- Police MUST also consider:
1. The IMPACT of ANY CRIMINAL OFFENDING on the ability of an employee to remain a Police employee.
2. The COMPATIBILITY of an employee CONVICTED or FOUND GUILTY of a family violence offence and/or being the RESPONDENT of a Protection Order to continue a Policing role.
5
Q
When do these Policies and Procedures apply?
A
- It comes to a Supervisors attention that an employee may be experiencing or be involved in family harm
- Police attend a family harm investigation and although no offending is disclosed a PSO or Warning has been issued and/or Police are concerned about the possible continuation or escalation of family harm
- Police attend a family harm investigation and offending is disclosed where an employee is a Victim or an Offender
- Police become aware that a temporary or final protection order has been issued relating to an employee
DISTRICT COMMANDERS AND NATIONAL MANAGERS ARE RESPONSIBLE FOR ENSURING THAT THESE POLICIES AND PROCEDURES OPERATE WITHIN THEIR DISTRICT OR PLACE OF WORK.
6
Q
What are Police employees encouraged to do when involved in family harm episodes?
A
- Employees involved in family harm are encouraged to seek support by:
1. Ringing a confidential number (0800 327 669) to contact the Employee Assistance Programme (EAP)
2. Discussing their concerns with their Supervisor and/or Welfare Officer. Such disclosure remains confidential unless the conduct disclosed is of such a nature that it should be investigated and/or prosecuted. - Wherever possible Police should SUPPORT and EDUCATE employees to assist them in dealing with issues to PREVENT and/or REDUCE the likelihood of family harm escalating and offending occurring.
- Employees who suspect or are aware of another employee being either a person posing risk or P.A.R. of family harm are encouraged to report this confidentially by reporting it to their own Supervisor or Welfare Officer so that a DISCRETE and CONFIDENTIAL approach can be made to that person and SUPPORT provided.
- It is also IMPORTANT that Police recognize and support the family until to best enable any changes that are needed to resolve the issues.
- These cases or notifications should be responded to by Family Violence Coordinators/Family Harm Specialists.
7
Q
What is the process for “Employees engaged in family harm occurrences - no offence”?
A
- Where Police attend any family harm investigation but no offence is determined, the RISK MEASURES within OnDuty will determine OUR level of CONCERN FOR SAFETY, which will then inform the Frontline Safety Plan actions that you take.
- If a Police employee is identified, attending officers MUST also report this CONFIDENTIALLY to their Supervisor who will contact a Welfare Officer to arrange for APPROPRIATE Police contact as soon as possible and OVERSIGHT of referral to appropriate support groups.
8
Q
What is the process for “Employees charged or convicted of family violence offending”?
A
- Employees who commit a family violence offence MUST be treated as ANY other member of the public.
- The fact of an Employees arrest or charging for family violence offending MUST be reported IMMEDIATELY by the Shift Supervisor to the District Employee Practice Manager and Police Professional Conduct Manager who will advise the relevant District Commander or National Manager - code of conduct procedures will apply.
- Welfare contact and counseling support through the EAP MUST be offered to the Victims of the offending and if appropriate the alleged Offender along with confidential contact numbers that they may use.
- The Employee Practice Manager in consultation with the National Manager: Police Professional Conduct at Police National Headquarters (PNHQ) MUST consider the employees suitability to continue working in their current role and if any variation in duties is appropriate.
9
Q
What happens to “Employees who are Respondents of a Protection Order”?
A
- Protection orders may be issued against a Police employee without any prior offending. With or without a prior criminal history a Protection Order MUST be treated as a SERIOUS MATTER
- Officers who serve a Protection Order on a Police employee are required to send a copy to the employees District Commander or National Manager.
- Employees who become a Respondent of a Protection Order MUST immediately report the fact in writing, including details of the proceedings to their Supervisor who MUST inform the Human Resources Manager and Police Professional Conduct Manager for their District or Service Centre. Code of Conduct processes will apply.
10
Q
What happens if the Employee fails to advise Police that they are a Respondent of a Protection Order?
A
- Where employees fail to advise Police of the fact that they are a Respondent of a Protection Order and this subsequently comes to Police attention, the non-reporting may be viewed as an AGGRAVATING factor when considering the nature of the conduct disclosed.
11
Q
What happens if the Employee is an APPLICANT or PROTECTED PERSON under a Protection Order?
A
- An employee who is an Applicant or Protected person under a Protection Order is ENCOURAGED to report this confidentially to a Police Welfare Officer and/or their Supervisor so that appropriate support and advice can be provided through EAP.
12
Q
Explain “Possession or use of weapons and firearms” when Protection Orders are issued?
A
- Protection Orders contain a STANDARD PROHIBITION preventing the possession and use of any weapons including firearms.
- This means employees with constabulory powers CANNOT carry their appointments or be issued with a firearms, without being in breach of the order.
- These restrictions also apply to AUTHORISED OFFIFERS or Police employees involved in training, Police weaponry or exhibit handling of firearms and weapons.
- Police MUST avoid being complicit in any such breach and MUST be extremely careful not to increase risk to any person protected by the Order by allowing such a breach to occur.
13
Q
Explain “Applications to vary Protection Order Conditions”?
A
- The Court hears applications to vary standard conditions of a Protection Order including those relating to weapons.
- It is IMPORTANT to note that Victim Safety is the PARAMOUNT CONSIDERATION and the Court MUST have regard to the Victims views in making any such variation.
14
Q
On what occasion could an employee could apply “to vary Protection Order Conditions”?
A
- The Court hears applications to vary standard conditions of a Protection Order including those relating to weapons.
- It is important to note that Victim Safety is the PARAMOUNT consideration and the Court MUST have regard to the Victims views in making such variation.
- Police may in rare cases consider assisting an employee with an application to vary the standard condition relating to weapons in a Protcetion Order under S. 108 of the Family Violence Act 2018.
- Before supporting such an application Police MUST conduct their own enquiries to determine whether or not such a variation is appropriate. These enquiries MUST consider the NATURE, DURATION and TYPE of Family Harm disclosed, ANY offence history, the employees ROLE and the views of ANY person protected by the Order.
- The Final Decision on whether Police will support an application under S. 22 will be made by the DCE people in consultation with the National Manager: Criminal Investigations Group upon receipt of the report from the District.
15
Q
Explain “Leave to attend programmes or counselling”?
A
- Where any Police employee is directed or wishes to attend programmes or counseling to resolve issues relating to Family Harm, Supervisors SHOULD take all practicable steps to facilitate this.
