Police Handbook Flashcards

0
Q

What are the thing to consider when a large scale aboriginal funeral needs to be held.

A

Closely assess anticipated Aboriginal community events to determine whether there is a genuine need to increase the number of police available to respond to incidents. Strategically plan how officers are to be deployed on these occasions so they are not intrusive.
Should it be identified that there is a large funeral pending and intelligence suggests potential or existing problems, the following common sense approach is recommended:
• Utilise ACLOs to assess the mood of the community and to facilitate meetings with appropriate members of the community, particularly the immediate family.
• Ideally, the you and/or other suitably experienced police officer should meet the family personally to offer support and assistance with any issues, including potential areas of conflict.
• Offer other police assistance such as Traffic Points, Traffic Plan or police escorts.
• Follow the normal protocol for a funeral whereby police on point duty pay respect to the
family and salute the hearse and immediate family entourage.
• Discuss with the family whether it would be appropriate for an Aboriginal police officer
to lead the procession.
• Give careful consideration to the number of uniformed police present and visible in the
community prior to and on the day of the funeral. Determine through intelligence and
consultation whether it is appropriate or necessary.
• If you have assessed the risks and decide to increase the strength of your policing
capabilities by rostering more police on than normal, advise the immediate family and other respected community members and give your reasons. Keep police visibility in the community and to any media to a minimum, and consider including ACLOs and Aboriginal police from other commands in any visible police presence.
• Be aware that high visibility operations such as HVP or RBT (the day before, the day of and the day after the funeral) may create tensions between police and community. Whilst there may be good reasons for such operations, the necessity for them should be explained to the family.
• Consider other strategies to prevent drink driving or other offences involving motor vehicles during this time.
• Liaise closely with licensed premises in the lead up, during and after the funeral to ensure the responsible serving of alcohol and to consider other strategies that could assist in minimising alcohol related incidents.
• Have a media strategy in place particularly for high profile matters. Contact the Police Media Unit for assistance.
• Seek assistance from the Aboriginal Coordination Team (ACT) as necessary.

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1
Q

What is the commanders responsibility in relation to ACLO’s

A

Maintain open communication with Aboriginal groups within your command to resolve or minimise differences.

Seek ACLOs help in resolving contentious issues. Give them access to Aboriginal persons in custody. Determine the degree of the access, as applicable.

Utilise ACLOs to contribute to local project management as it relates to crime prevention and participate in community consultation.

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2
Q

What is the process for approving consumption of alcohol on police premises

A

You may authorise functions, on police premises, at which alcohol is available. You will:
• approve who attends the function
• ensure the function is not held in view of the public or prisoners
• arrange adequate supervision
• ensure proper behaviour is maintained by those attending.

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3
Q

What should occur if an officer loses their appointments

A

Where an incident is a result of neglect on the part of the officer involved, Commanders should consider initiating action as a complaint under Part 8A of the Police Act 1990.

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4
Q

When can the commander take the appointments of an officer away.

A

You may decide when officers under your command can perform duty unarmed.
You should withdraw the arms and appointments of an officer on restricted duties for an extended period and return them to the Armoury as a priority.
Similarly, when an officer is on sick leave, or any occasion you consider necessary, you may take their arms and appointments and secure them.

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5
Q

What should the commander do when an officer is on stress leave

A

Ensure firearms for officers on stress related leave are to be secured in a manner which prevents unauthorised access. If this leave appears to be an extended period they should be returned to the Armoury.

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6
Q

When an officer uses their firearm to put down an animal what is required.

A

Make inquiries whenever an officer destroys an animal by using a NSWPF firearm.
Ensure officers complete a COPS event.
When police discharge a firearm for the purposes of destroying an animal, the following fields should be completed in COPS:
• Incident Category: Discharge police firearm by police
• Incident further classification: Purposeful
• Associated factor: Animal destruction

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7
Q

What should the commander ensure in relation to gay beats in the command

A

Be aware of beats in your area; ensure an appropriate level of police response is provided. Crime prevention strategies should be employed to promote safety for all users of the area.

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8
Q

What are country LAC’s required to do in relation to blood sample boxes

A

Ensure hospitals in your command are checked at least once a week for samples in the security boxes. Keep the keys to the blood transit case and security box at your station.

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9
Q

When the LAC takes leave what is the process for a relief commander

A

Ensure a relieving commander is nominated and an Authority for command (P522) filled out when a commander will be absent.
Ensure a handover report (P523) is done before a commander leaves for more than four weeks. If a commander will be absent for less than this, complete a handover report at your discretion.
Commanders
Nominate an officer as being responsible in your absence. They do not have to be the next senior officer.

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10
Q

What are the commanders responsibilities in relation to progress increments

A

Nominate supervisors for your area. Assessment supervisors, other than an education officer, must be more senior in rank than the officer undergoing the assessment.

Ensure a list of officers attached to the command, including increment dates, is displayed in a prominent position.

Analyse assessment results to determine training needs. Follow up officers who have not undertaken or successfully completed it.
You have the same responsibilities as an assessment officer.

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11
Q

What is the commanders responsibility in relation to computer repair or replacement

A

Ensure a Confidentiality Agreement has been signed before you allow any service Organisation to repair a computer from your command.
Also, arrange for BTS to erase data from the hard disk before the drive is removed or lodged at the service centre for repair or replacement.
Personnel carrying out the service or receiving the computer or hard disk at the service centre must provide a data destruction certificate as evidence the data and programs have been erased.
If the data cannot be erased from the hard disk, then the disk has to be destroyed and replaced. This should be stated on the data destruction certificate.
Copies of the confidentiality agreement and the data destruction certificate are available on the Intranet.
Before the computer is sent to the repairer ensure data and programs which are to be kept by the NSW Police Force are copied.
Also, ensure any exchange of equipment which affects the asset register is updated.

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12
Q

What is the commanders responsibility when transferring a computer to another LAC or section

A

When you transfer a computer to another command:
• complete an Asset transfer form
• update your command’s Assets Register
• make a copy of any file to be kept from the hard disk
• delete all files from the hard disk.
Do not transfer software programs without the appropriate licence agreement.
If the computer contains sensitive information, the transferring commander is to get a certificate from the appropriate computer support officer declaring any files have been permanently deleted.

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13
Q

How long are you required to keep certificates for computers

A

Keep for two years from the date of issue, any certificate or form issued in connection with the disposal, transfer or repair of any computer, hard drive, diskette or floppy disk.

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14
Q

What is the commanders responsibility in relation to investigating deaths

A

When possible, ensure an experienced officer investigates a death or fire (never a probationary constable). Ensure a member of the Homicide Squad (State Crime Command) is notified where child abuse is suspected.
Pursuant to Police Service Notice 01/20; in circumstances where death is not known to be from natural causes, and a death certificate (not a “Life pronounced Extinct” certificate) has not been issued by a medical practitioner, it is a standing direction that local Detectives and Forensic Services investigators be called to attend.

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15
Q

How does a commander authorise an affidavit of assistance

A

Confirm the information in the report is accurate. Examine supporting documents. If satisfied it is appropriate to provide an Affidavit of Assistance, having regard to the seriousness of the offence(s) and the level of assistance provided, prepare the affidavit by:
• stating you are the case officer’s senior supervisor
• including a paragraph with words to the effect, “Annexed to this affidavit and marked
with the letter ‘A’ is a report by (case officer’s name), dated (date signed). I have conducted appropriate inquiries and I am satisfied the contents of the annexure(s) are true and accurate”
• marking the case officer’s report with ‘A’, fastening it to the affidavit and signing it as the senior supervisor
• swearing and signing the affidavit before a JP who is not associated with the investigation.
File a copy of the report and affidavit. Hand the originals to the case officer. If you refuse to provide an affidavit and the case officer requests the matter be reviewed, make the necessary arrangements with your commander.

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16
Q

What are the commanders obligations in relation to brief handling

A

You have a responsibility through your Crime Manager to ensure that all briefs of evidence (summary, indictable and coronial) within your command:-
• display a high standard of professionalism to reflect the integrity of police investigations and brief preparation;
• are complete and timely within the time standards of the court;
• are handled under the quality assurance and continuous improvement process; and that
appropriate:-
o supervision and support for the management of this function is in place, o systems, and processes are in place to maintain these standards,
o educative action (see Failed Prosecution Guidelines), managerial and/or
disciplinary action is taken when a matter is dismissed due to non-compliance,
poor performance and/or a system failure, and
o security, storage and archiving of briefs of evidence in accordance with the
Archives and Disposal Manual and Schedule. © 2013 Crown Copyright ( NSW Police Force ) (Mar 2013)

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17
Q

What are the different colour folders for court matters

A

Ensure availability of coloured brief folders.
Cream – local court charges and CANs Green – local court summons
Blue – children’s court matters
Red – matters to be prosecuted by the DPP.

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18
Q

Whats the process for the commander when notified of a failed prosecution

A

Upon electronic notification, assess whether the matter is a complaint under the Police Act and initiate an investigation through your Complaints Management Team having regard to:-
• Reason(s) for non-compliance;
• Police informant’s role/contribution;
• Any system failure or weakness which may have contributed;
• Any managerial or supervisory shortfalls or other related issues,
• Any other causative or contributory factors including managerial action to avoid any
reoccurrence, and
• Any educational and training needs

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19
Q

What is your obligation in relation to prosecution liaison groups

A

You or senior members of your command are to remain a constant member, and attend each meeting, of the group for your area.

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20
Q

Explain the commanders responsibility in relation to issuing a freezing notice

A

As the Commissioner’s delegate Superintendants can authorise, on behalf of a police officer under your command, an application to ‘Confirm a Freezing Notice’ within 14 days from the issue of a Freezing Notice. You are required to confirm the notice by signing an authorisation (Part A) and enter an undertaking (Part B) to pay costs and damages for costs associated with making and operating a Freezing Notice.

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21
Q

What must you consider when bringing witness long distance to identify a body.

A

Ensure the cheapest means are used. Satisfy yourself no other means are available locally, before allowing someone to travel a long way. Make sure the person is not travelling for another purpose, i.e. funeral or collecting property.
When the death is the subject of an inquest and the person making the identification is called as a witness, any claim for reimbursement is made when seeking expenses for going to the Coroner’s Court.
If someone, who is asked to identify a body, needs the NSW Police Force to pay fares, arrange this in accordance with the procedures laid down for Crown witnesses. Any order or requisition issued for this is endorsed ‘recoverable’ from the Attorney General’s Department.
When the Coroner dispenses with an inquest, or where the claimant is not called as a witness, or wants payment before it, detail all expenses sought and send the report through your commander to the region commander for consideration by Attorney General’s.

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22
Q

What do you do initially if you have an aboriginal death in custody

A

If an Aboriginal person dies in police custody, secure and preserve the scene and notify your region commander.
Professional Standards Command maintains a comprehensive review role in the investigation and liaises with the family.
Use the ACLO, if available, to maintain a relationship with all relatives particularly about the movement of the body etc.

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23
Q

What should you consider in relation to access of the appointments of an officer who has been charged with DV of been served with an AVO

A

Determine what action should be taken over the firearm, under what circumstance, if any, the officer will access it and the nature of duties to be performed. Until such direction is forthcoming, place the officer on duties which do not need appointments to be worn.
In all circumstances, advise your Region Commander.
Keep the NSW Police Force firearm until the AVO is confirmed or revoked. (If confirmed take appropriate action).
Bear in mind the duty of care when considering the return of NSW Police Force firearms to an officer who is the subject of an AVO or has been in the past ten years. Initiation of proceedings for an AVO constitutes a complaint under the Police Act.

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24
Q

When an officer is served with an AVO what is the arresting officers responsibility and what role do you play

A

Where you make a complaint for an AVO against a Police Officer, fax a copy of that complaint, any other supporting material if available and a report endorsed by your Commander, to Crown Solicitors Office giving them instructions to appear on your behalf. Make telephone contact with the Crown Solicitors office to confirm that they have received those instructions. Ensure that a Police Officer is at court to give the Crown Solicitors representative further instructions.

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25
Q

What are my obligations in relation to drug exhibits

A

Exercise your authority and, at every opportunity, order destruction in accordance with the Drug Misuse and Trafficking Act.

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26
Q

What are my responsibilities in relation to political meetings and polling booths

A

Arrange for sufficient police at all important polling places and venues where candidates are addressing meetings. Ensure voters are not prevented from exercising the right to record their vote. Preserve order.
Make sure officers have nothing to do with the care or custody of ballot boxes.
Ensure adequate police supervision at polling booths near hotels or other licensed premises.

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27
Q

What is work place diversity

A

Workforce diversity relates to gender, age, language, ethnicity, cultural background, disability, sexual orientation and religious belief. It also refers to the multitude of ways we are different in other respects such as personality, life experience, work style, socio-economic background, rank/grade, classification, proximity to headquarters, marital status and whether or not one has family or other carer responsibilities. It is also about:
• supporting our corporate objectives (refer NSWPF Corporate Plan 2012-2016 – “Respectful equitable and diverse workforce reflective of our community”)
• entrenching workforce diversity into our business by aligning it to our commitment to treat everyone with respect and courtesy; and
• recognising and respecting every one’s unique attributes and providing a positive and respectful working environment for all.

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28
Q

What are the commanders responsibilities in relation to all exhibits

A

Local Area and equivalent Specialist Commanders are accountable for the overall effective management of exhibits. This includes transportation, retention, security, safe handling and disposal of exhibits. All officers have a duty and obligation to assist in this regard. Safe handling and storage of exhibits includes minimising potential risks under the Work Health and Safety Act 2011 in regard to weapons, other prohibited items and contaminated or hazardous exhibits.
Local Area Commanders and equivalent commanders within specialist commands (of or above the rank of Superintendent) shall ensure that when the officer in charge (OIC) of a case ceases employment with the NSWPF or is absent for any lengthy period (3 months or more), all pending investigations including exhibit responsibilities are allocated to another officer.
Local Area Commanders and equivalent Commanders within specialist commands (of or above the rank of Superintendent) may make decisions regarding the retention or disposal of exhibits when the OIC is attached to their command. They must advise the exhibit staff where the exhibit is secured of their decisions.

29
Q

What should I consider when considering an extradition

A

Local Area Commanders determine whether to seek extraditions from other States or Territories. Ensure your decision is clearly supported by the information available. Take particular care when the offence is such that the community expects police to extradite and it is in the interests of the public to do so.

30
Q

What is the process to get a prisoner transferred from interstate to NSW

A

Application for prisoner transfer to NSW
When someone wanted on warrant in this State is serving a prisoners serving lengthy sentence interstate, consider applying for their transfer. Submit a report, as if seeking extradition, via the chain of command to the region commander.

Local area commander
For police initiated applications, consider referring a copy of the application and warrant/s directly to the Attorney General. Do not send a copy of the brief of evidence unless requested by the Attorney General.

31
Q

What should you consider when removing a police officers access to their fire arm

A

Where a management or operational decision is made to remove a police officer’s service firearm or to prevent the police officer having access to that firearm, it follows that the perceived risk extends to any other firearms owned or in possession of the officer in his/her private capacity.

Where the subject officer is the holder of a personal firearms licence, the officer making the decision should ensure that such firearms licence held in a private capacity is immediately suspended under section 22 of the Firearms Act 1996 (The Act).
To comply with section 22 (1) of The Act, it is suggested that the suspending officer states the reason of “not in the public interest for the person to continue to hold the licence” pursuant to section 24 (2) (d) of the Act in conjunction with clause 19 of the Firearms Regulation 2006 (The Regulation).

In accordance with section 25 of the Act, all firearms in possession of the person should be immediately seized by the officer issuing the suspension notice. Record any seized firearms as miscellaneous property in EFIMS. The suspended licensee also has a legal requirement to surrender the license.

Where the subject officer is the holder of a firearms permit, the permit should be immediately suspended under section 30 (4) (b) of The Act. It is suggested the permit suspension notice states the reason of “not in the public interest for the person to continue to hold the permit”, pursuant to section 30(4) (b) of the Act in conjunction with Clause 20(2) of The Regulation. In accordance with section 30 (6) and (7), the person is required to immediately surrender all firearms and the permit. Further, Police have the power to seize all firearms.

The NSW Police Force Firearms Registry should be notified as soon as possible of all licence/permit suspensions and of any firearms seized by forwarding a copy of the suspension notice with reference to the miscellaneous property record in EFIMS.
Police Notice 06/16 relates. Refer to Police Weekly Vol 18 No 20 12 June 2006.

32
Q

What is the process for claims for compensation for forced entry repair

A

Decide whether the actions were in compliance with the ‘Conditions for forced entry’ this section.

If you consider the actions justified, advise the claimant no compensation will be made. If they are a landlord or agent, advise them to direct their claim to the tenant or approach the Rental Bond Board for access to the bond to make the repairs.

If you consider the actions to be unjustified or possibly negligent, have the officer complete and submit a P446 form in duplicate with two quotes from the claimant for repairs. Record the submission of the form as an action on the COPS event or on the general station pad (if not recorded on COPS). Examine the form and ensure it reflects the owner’s claim.

Where the NSW Police Force could be liable, refer the claim to the Office of the General Counsel for determination.

If approval is given to pay the claim and the amount is less than $100, arrange for a cheque to be drawn. Arrange for the Office of the General Counsel to prepare a suitable form of indemnity to be signed by the claimant before payment.

If payment is made and it is more than $100, refer it to the NSW Treasury Managed Fund with the appropriate claim form and documentation for consideration as a liability claim. Advise the claimant of this action. Do not make any promise or comment on the possible outcome.

33
Q

When can staff in the command take part in fund raising

A

Fundraising by members of the NSW Police Force (NSWPF) must only occur with the written approval of their Commander. Permission must be sought from the relevant Commander, depending on the scope of the fundraising activity eg if the fundraising is region-wide, then approval must be sought from the Region Commander.
Particular care must be taken to ensure full accountability and record keeping of all money or goods collected. The relevant Business or Local Area Manager must approve the record keeping method used for the fundraising event.
Contributions must not be received from persons:
• known to be engaged in criminal conduct
• involved in activities subject to regulation or inspection by the NSWPF, or
• where a risk of favouritism might be perceived by a reasonable member of the public
• where any other conflict of interest may be present.
Fundraising may not be carried out for police officers or other employees who have been suspended or dismissed.

34
Q

When can police assist charities

A

Keep assistance to charitable organisations to a reasonable level and generally limit to one annually at each Local Area Command, or equivalent business unit. Try to confine raising funds to the area in which the charity operates or the function is being organised.
Unless you reasonably expect to raise a minimum net amount of $300, do not conduct a fundraising function in aid of a charity, or a police organisation and a charity combined. If you consider little or no profit will be made, conduct the function for social or recreational purposes only. You may then donate profits to charity, with the prior approval of the Local Area Commander or Specialist Commander equivalent or above.

35
Q

When leaving the command for more than for weeks what is the hand over requirements for the relieving commander

A

Prepare a P523 (Handover report) when absent from your command for longer than four weeks, on your transfer, promotion or retirement. Discuss your departure with your line commander and identify any issues for inclusion.
Review the last CMF inspection to ensure appropriate action has been taken over outstanding recommendations.
If you have keys to a safe, conduct a joint inspection of the safe with a responsible officer and hand the keys to them. Record the transfer in a changeover book for the safe or on the general station pad.
Prepare a report identifying high risk and critical issues and special consideration for the position. Include an assessment of progress towards achieving your local area command plan.
Attach copies of the following documents to your report:
• last CMF report
• audit reports (where there are outstanding recommendations)
• job stream
• local area command plan
• other relevant documents mentioned in your report.
Fax the handover report covering sheet and manuscript report to your line commander. Where practical, do this at least two working days before you leave.

36
Q

When transferring into a new command as the commander apart from the handover document and briefing what should you do

A

Write to key customers of the command and important community members and inform them of the new commander. Provide brief details of their service history and background. Some of these customers include:

Mayor, principals, community consultative committee, Chamber of Commerce, local judiciary, hospitals, Fire Brigade, Ambulance, railway station masters, SES, Volunteer Bushfire and Rescue, National Parks and Wildlife Services, Migrant Advisory Service, local newspapers and media.

37
Q

When considering some one for an award, what must I consider

A

Submit a full and accurate report of all meritorious acts worthy of recognition (whether performed by officers, members of government or semi-government authorities or civilians).
Include, where possible:
• statements from:
o nominated people
o witnesses
o police, fire, ambulance personnel called to the scene o experts (engineers, scientists etc)
• a summary from officers in charge of the investigation
• plans or sketches of the incident scene
• photos
• any findings of an inquest. Do this discreetly and only when there are suspicious
circumstances.

38
Q

What is the commanders responsibility when a P902 injury is reported.

A

Assign an investigator to investigate the P902 Incident Notification using the on-line Safety Incident Investigation form - P901. Ensure that the P901 on-line form incident is reviewed by the OHS Committee and all corrective actions completed within a reasonable time frame.
Ensure copies of all papers are sent to EML/HOD within seven days of the initial notification of the incident. Have a copy of the papers placed before your Injury Management Panel.
An Injury Management Advisor will contact all injured officers within 24hrs of notification of the incident.
Consider any opportunities for the recovery of costs from a third party and advise the insurer accordingly (eg: where injury occurred outside police premises and it can be shown that the entity responsible for the location where it occurred contributed to the injury).
Prepare each file on the assumption that it might be used in court proceedings in the future. If you are not satisfied that the injury occurred as reported, report this to the insurer in writing.
Ensure:
• the reporting processes have been complied with
• an appropriate investigation has taken place to rectify any unsafe practices and/or work
environment
• appropriate injury prevention and/or management procedures are in place
• Current and up to date WorkCover medical certificates are forwarded to Injury
Management Advisors
• Welfare contacts are conducted

39
Q

What are the commanders obligations in relation to injury management

A

Ensure:
• Contact, support and follow up is made available to ill/injured officers
• Chair Injury Management Panels (IMPs) on a monthly basis
• Welfare contact is undertaken at least monthly
• Supervision is provided in accordance with the written return to work plan

40
Q

What am I required to do after being made aware I have an IPC or IW under my command.

A

On becoming aware of an IPC/IW under your command you must:
• Acknowledge, support and positively reinforce the propriety of their actions
• Protect them from being victimised or harassed
• Take appropriate management action if an internal witness has been victimised or
harassed
• Prevent/eliminate actions against IPC/IW’s by other people which might be detrimental or
contrary to the Police Act, the Public Interest Disclosures Act, the Public Sector Employment Management Act, Code of Conduct and Ethics or the Police Integrity Commission Act.
• Maintain an environment where members of the NSW Police Force are confident they will be supported and protected in coming forward as an internal witness
• Respond promptly, genuinely and sensitively to their needs
• Provide appropriate advice and referral to support services if required

41
Q

What are the commanders obligation in relation to military leave

A

In accordance with the provisions of the Defence Reserve Service (Protection) Act 2001, NSW Police Force has an obligation to release employees to participate in the Australian Defence Force Reserve service and any training necessary to prepare for that service.

42
Q

What are the Commanders responsibility in relation to sick leave

A

Be aware of officers frequently absent on sick report for short periods and ensure they provide medical certificates for any absence.

Send a report at the end of each month to your region commander, giving names and full details of all officers on restricted duties.

Interview any officer absent on more than five occasions in any 12 month period (including those supported by a medical certificate). You may direct the officer to produce certificates for all subsequent absences or you may send them to the PMO.

43
Q

What do you do if an officer fails to notify you of their illness.

A

If an absent officer fails to notify you of their illness, arrange for an appropriate officer to contact them and get the necessary details. Visit the officer personally when:

  1. there is concern for the officer or family;
  2. you need to seek the return of arms and appointments;
  3. certificates have not been produced or
  4. the PMO feels a visit is warranted.
44
Q

What do you do if officer is hospitalised for a long period of time

A

When an officer under your command is admitted to a hospital, or is absent on long term sick leave arrange to have them visited at regular intervals and helped where appropriate.

45
Q

What must I consider when I receive a leave with out pay request

A

Consider applications for leave without pay on their individual merits think about the needs of the command and the need to replace the officer. A three year limit on leave without pay applies for police officers.

46
Q

What police related sport leave can be granted and for how long

A

Local area commanders and their equivalent have been delegated the authority to grant on duty status using the following guidelines.
For the :
ANZ Police Games
Australian Police and Emergency Services Games International Law Enforcement Games
a maximum three days on duty status is allowable in any calendar year. One of the days (or part thereof) is to be used for the opening ceremony and the other days are limited to those days or parts thereof when the officer is involved in competition.
Additionally, local area commanders (or equivalent) may grant a further day of on duty status to permit police to compete in multi disciplined or single disciplined sporting event at national or international level (eg: Australian Police Ski Championships), including national team selections and competitions.

47
Q

If you grant sports leave, when must it be done and what details must be recorded

A

Your approval must be in writing, be given before the event and identify the day, days or parts thereof for which on duty status has been granted. File a copy at your command.

An officer granted on duty status (who has used leave to attend the sporting event) is to be recredited leave at the rate of 7.6 hours per on duty status day.

48
Q

If submitting a brief for legal advise, as the commander what must you do.

A

If you are unable to provide advice, refer the matter, with your comprehensive comments (or comments from a management level such as duty officer, crime manager etc) to the Commander, Police Prosecutions for criminal matters or to the Office of General Counsel for advice on non criminal matters.
If you consider a charge is appropriate, but there is a reasonable prospect that the ODPP might take a different view or exercise discretion not to prosecute, refer the matter to the Commander, Police Prosecutions.
The exceptions to the above are if you:
• have made an arrangement with the Solicitor for Public Prosecutions for advice in a particular case (according to the protocol between NSW Police and the ODPP)
• are acting on advice from Police Prosecutions.

49
Q

What’s records of accountable books should I keep

A

Maintain a record of notebooks and duty books and include:
• the number of the book issued, cross referenced with the number of the book returned
• date issued
• name and signature of officer issuing new book and receiving old book
• date returned
• name and signature of officer receiving new book and returning old book
• the re-issue and movement of filed books (in red pen).

50
Q

When can the commander authorise an outside smoking area

A

Extenuating circumstances may allow you the discretion to permit smoking in specific outdoor areas by a person in custody or otherwise detained within police premises.
You are to exercise your discretion after taking into account the circumstances, including the ventilation of the proposed area, whether other persons will be affected by the smoke, the time the person has been in custody and the fact that the health or employees of the Police Force will not be placed at risk.
Where possible, alternatives to smoking should be considered (i.e. nicotine patches).

51
Q

As the commander what must I do when approving over time

A

Ensure you:
• examine each claim carefully
• check particulars are recorded on the duty roster.
If the claim is correct, certify approval and refer to the roster officer for necessary action.
Calculate overtime to the nearest quarter hour (do not calculate periods of less than a quarter hour).

52
Q

What is the process for staffing who qualify to march in the Anzac Day marches.

A

Record as performing a normal day’s shift for roster purposes (even though those hours are not worked), ex service members, former members of the permanent defence forces, the Citizen’s Military Forces, members of the General Reserve who have completed six month’s service and ex service personnel who are qualified to become full members of the RSL and who march on the Sydney Anzac march as part of the police contingent.
Penalty rates will be paid as a concession, on the basis of the time normally taken in the march, which is usually four hours. Police who take part in the march will be entitled to four hours at time and a half (half time extra).
Country
Commanders
The concession also applies to personnel attached to country areas where there are officially recognised Anzac Day marches and services warrant the concession similar to that applied in Sydney. Consider, time taken in the march and service and the number of participants, as well as local interest.
Tell those participants that attendance at functions other than the march or service will be off duty and in plain clothes.
Do not call on officers who participate in the Anzac Day march to perform any other duty that day, except where absolutely necessary (payment at ordinary public holiday rates will then apply).
Have details recorded in overtime records as ‘hours’ not ‘excess public holidays’.

53
Q

What are my responsibilities in relation to loss or damage to NSWPF property

A

Inquire into damage to or loss/theft of, NSWPF property.
Arrange for repair/replacement through provisions of Managed Fund.
If inquiries indicate neglect, report to your region commander or branch manager. Senior commanders/branch managers
On receiving the report:
• note and return the papers if it is a clear case of no further action required
• send the papers to the Commander, Professional Standards Command if doubt exists or
departmental charges will follow.

54
Q

What must I ensure is done in relation to assets .

A

Ensure a correct record of fixed assets, plant and equipment is maintained for each cost centre under your control.

Ensure all fixed assets, plant and equipment is sighted at least once a year. For the purpose of fixed assets, the stocktake year is from 1 April to 31 March.

55
Q

Before authorising a car for on call duty what must I consider

A

• when considering best methods for responding on call officers, that a balance is struck between containing excessive fleet costs and the need to ensure minimal delays in providing service to other police and the public
• the use and home-garaging of vehicle is a genuine operational requirement
• a regular need exists for the scarce resource or specialist service to be
provided outside of normal business hours
• all vehicles used are FBT exempt. Exceptions to this requirement are to be
approved by responsible CET member (eg. surveillance, covert duties or other duties where the marking of the vehicle would be demonstrably detrimental to actual operational activity)
• on call officers are rostered and available for such duty. Alternatively officers must be engaged in an ad-hoc duty requirement as directed by you
• on call officers must be contactable at all times and are able to respond in a timely fashion to on call requests
• on call officers take all reasonable steps to ensure safety of vehicle and contents
• call out vehicles are not home garaged by an officer whilst on sick, annual or extended leave without explicit approval
• call out vehicles are not to be home garaged during rostered days off without explicit approval
• call out vehicles are not to be used for other than work related purposes or to get to and from home or place of work or call out location.

56
Q

What are my responsibilities in relation to taking action on a non serious accidents involving police vehicles.

A

Adjudicate on breach reports submitted for non serious accidents involving police on duty.You have three options: no action, penalty notice or Future Service Court Attendance Notice. If you decide on no action, the criteria for this are:
exemption provided by Rule 305 of the Road Rules 2008 not enough evidence to establish an offence.
You can direct a penalty notice be issued in these circumstances up to three (3) months from the offence. Authorise proceedings by Future C.A.N. outside this period.
Advise the Solicitor for Public Prosecutions, provide a full brief of evidence and a copy of the Future C.A.N. in duplicate

57
Q

What is the process for commencing proceedings against police for criminal offences

A

SECT 148 police act 1990
If it appears to a police officer conducting an investigation that sufficient evidence exists to warrant the prosecution of any person for an offence, the officer is to cause appropriate proceedings to be instituted against that person. There is no discretion for the police officer conducting an investigation under this part to decide whether or not to institute proceedings against a ‘person’. However, approval must be sought from the commissioner to institute criminal proceedings against another police officer.

58
Q

If an officer wants to see their complaint history what documents can you give them

A

Where an officer makes a written application for access to their complaint information, you may provide copies of allegations, findings of investigations and the reason for those findings for any matter in which a ‘Sustained’ finding was made. The subject officer is also entitled to any documentation created or supplied by the officer.

You are to ensure that no legislation is breached (e.g. disclosure of identity of Internal Police Complainant or public interest immunity issues) in doing so.

For resolution matters a redacted version of page 1 of the Mandatory Resolution Outcome Report up to and including the investigator’s findings can be provided.

Subject officers are not entitled to notebook entries or other information gathered during the investigation.

Do not provide information relating to current investigation or investigations which are the subject of a caveat.

59
Q

What must you ensure occurs in relation to rosters

A

Ensure you:
• Have systems in place to drive and/or support the rostering process within your Command
• Or your representative reviews/quality assures the daily rosters on a daily basis.

60
Q

What is the NILS system in relation to livestock

A

NLIS and moving stock
The National Livestock Identification System (NLIS) for the identification and tracing of livestock was introduced in NSW in 2006. Under the scheme, movements of cattle, sheep and goats between properties with different property identification codes (PICs) must be notified to the NLIS database and all cattle, sheep or goats identified with an NLIS device before leaving a property.
NLIS is Australia’s system for the identification and tracing of livestock. It is a permanent whole- of-life identification system that enables individual animals to be tracked from property of birth to slaughter for food safety, product integrity and market access purposes.

61
Q

What is an operation commander and their responsibilities

A

The Operation Commander is the officer with direct command and overall responsibility for the resolution of a high risk situation for which the assistance of the TOU and Police Negotiators has been requested.
The Operation Commander is a designated role and may be performed by:
• A Local Area Commander; or
• A LAC Duty Officer under delegation; or
• A designated senior officer.
The Operations Coordinator, TOU will act as the Senior Field Supervisor for all operational deployments of the TOU. The Operations Coordinator, TOU will liaise directly with the Operation Commander regarding any planned course of action.

62
Q

Who can authorise the use of special weapons and tactics

A

The use of specialised weapons and/or specialised tactics and the proposed use of force, as a planned course of action to resolve a high risk situation, must be authorised by the relevant Assistant Commissioner. Depending on the location and context of the incident, the relevant Assistant Commissioner could be:
• A Region Commander; or
• The Commander, State Crime Command (SCC); or
• The Commander, Professional Standards Command (PSC); or
• The Commander, Counter Terrorism & Special Tactics Command (CTST).

63
Q

Who can authorise the deployment of the SPSU

A

The relevant Region Commander must authorise operational deployment of the SPSU. This authority, in exigent circumstances, can be delegated to a Local Area Commander. Deployment is the movement of SPSU personnel and equipment from their base to a location for the purposes of assessing, gathering intelligence and carrying out an appreciation of a situation in preparation for operational duty.

64
Q

What are your obligations as the commander when a subpoena is received at the LAC.

A

Accept service of a subpoena/summons addressed to your staff/LAC/Unit and ensure the subpoena/summons are complied with.
It is your responsibility to ensure compliance with all subpoenas issued to staff in your commands. In the event the officer in charge of the matter is unavailable (leave, sick etc) and will not be able to comply with the return date, delegate the duty of complying with the subpoena to another officer.

65
Q

What are your obligations in relation to tow truck contracts

A

Arrange with Purchasing & Supply to tender and award contracts for ‘police to pay’ and ‘police organised, owner to pay’ tows for your command. Do not issue or award contracts yourself. Ensure a copy of the contract is supplied to station police for their reference.
You can find the proper procedure for maintaining the Tow book in the CMF.

66
Q

What is the process for inspecting towing holding yards

A

Quarterly inspections of holding yards must be undertaken to ensure that the holding facilities continue to meet the requirements of the NSW Police Force. Any facilities used must ensure the security and prevention of any unlawful tampering of any vehicle seized as an exhibit or for any forensic purpose.
Inspections are to be carried out by Local Area Commanders or a nominated officer (of or above the rank of Sergeant). All inspections are to be recorded as part of the Command Management Framework.

67
Q

What do you do if one of your cars receives a penalty notice

A

If you receive a penalty notice or a reminder notice, respond by the due date. Advise the driver of your actions and if the driver wants to make representations, return them together with your completed statutory declaration.

You must certify the driver was engaged on urgent or essential policy duty and send your recommendation to the Manager, State Debt Recovery Office. The representations or evidence (i.e. COPS events) are not to be forwarded to the SDRO.

Remember, unfinalised penalty notices will be referred to Professional Standards Command and may also result in vehicle registration cancellation.

68
Q

If a vehicle has been seized or recovered but all attempts to locate an owner have been exhausted, how is it to be disposed of

A

Arrange a local newspaper ad. If after three months the owner has not paid the tow fee or claimed the vehicle, the region commander may dispose of it. Record the disposal details in EFIMS.

69
Q

What types of matters must you contact EAP for, when considering the welfare of staff

A
  • critical incidents
  • fire arm incidents
  • major disasters
  • deaths in custody and other deaths or serious injury during police operations
  • other incidents at the discretion of the local area commander or delegate.
70
Q

When should you consider counselling in general for one of your staff.

A

If you are concerned about a staff member’s capacity to fulfil their duties because of a psychological condition, refer the officer to the Psychology Section or the Police Medical Officer for evaluation by an independent mental health professional.
• work related difficulties
• emotional, psychological/psychiatric illnesses and conditions
• terminal illness
• matters affecting your ability to function properly at work
• conflict and relationship issues
• referral for psychological assessment.

71
Q

When transporting a juvenile to a detention centre what is the process

A

In country areas less than 250 kilometres from a detention centre, arrange road transport and escort.
For distances of more than 250 kilometres, the Commander, Transport Unit coordinates the escort and transport. Give the Transport Unit as much notice as possible.