Policing Act/Staff Management

Question 1

Section 30 - command and control. Every police must obey and be guided by?

Answer 1

(a) general instructions
(b) the commissioners circular AND
(c) any applicable local orders

Every police member must obey the lawful command of a supervisor.

In the absence of a supervisor, the supervisor authority and responsibility devolves on:

(a) the police employee available who is next in level of position AND
(b) in the case of equality, the longest serving police employee

Question 2

The prevention first model

Answer 2

Taking every opportunity to prevent harm.

1. target the drivers of demand
2. deploy to beat demand
3. mindset

Question 3

Is performance management a disciplinary process?

Answer 3

No. It only becomes relevant for disciplinary purposes when an employee has been unable or unwilling to satisfactorily improve following a performance improvement plan.

Question 4

What are some examples of ‘flexible working’ as per the FEO policies?

Answer 4

1. working from home/alternative work space
2. flexi time (setting hours differently week to week)
3. part time (working less than full hours)
4. condensed hours (working more hours in less days)

Question 5

What is misconduct?

Answer 5

Behavior or actions that breach this code of conduct or other police policies. It may not justify dismissal but it may result in formal disciplinary action.

Question 6

What are the do’s and dont’s of social media posts?

Answer 6

• make sure its clear that it is your view and NOT a police view
• select high privacy settings
• be aware of security advice posted on the bulletin board

Question 7

How long do you have to and respond to all requests of FEO?

Answer 7

1 month of receiving them as per the employment relations act.

Question 8

Qualified constables as per section 63 who can issue a PSO?

Answer 8

In terms of a PSO a qualified constable is defined as a constable who is of or above the level of position of Sgt therefore before an acting Sgt could authorise a PSO they would need to be appointed under section 63.

Question 9

In regards to section 63 policing act 2008 - what can the commissioner do when it comes to acting appointments?

Answer 9

The commissioner may appoint an employee temporary to any higher level of position or authorise an employee to exercise or perform all or any of the powers and duties under this act or any other enactment, of any level of position higher than that employees own level of position.

Question 10

What is inappropriate behaviour?

Answer 10

• unethical behaviour
• breaching code of conduct
• harassment, bullying or discrimination

Question 11

What does the commissioner need to notify the IPCA of certain incidents involving death or serious bodily injury caused by an employee?

Answer 11

The commissioner shall as soon as practicable give a written notice setting out particulars of the incident.

Question 12

Section 9 - What are the functions of police?

Answer 12

(a) keep the peace
(b) maintain public safety
(c) law enforcement
(d) crime prevention
(e) community support and reassurance
(f) national security
(g) participation in policing activities outside NZ
(h) emergency management

Question 13

What are the 4 steps in the performance management process?

Answer 13

1. information discussion
2. the performance meeting
3. the performance plan (PIP)
4. completion of the PIP to the required standard

Question 14

What is the rule of law?

Answer 14

It defines the relationship of the government to its people. That people in a society should be governed by law and should be free from arbitrary government

Question 15

If you are the subject of any charges, EBA, drivers license suspension, speeding in excess of 40km/h above posted speed limit, what must you do?

Answer 15

You must ASAP, notify your supervisor in writing of the brief details and circumstances. Supervisor then forwards this on to PPC.

Question 16

Section 20 - policing act 2008 refers to a code of conduct what is this?

Answer 16

The code of conduct is a code described by the commissioner of police that sets out the expected standards of behaviour from police employees. This code applies to anyone who is employee or engaged by NZ police and includes volunteers, permanent, temporary, casual contractors and consultants.

Question 17

How do we handle information such as NIA? If you QP someone who is a police officer on accident who would you report it to?

Answer 17

When we are unsure whether information is confidential or sensitive or how it should be handled, we seek advice from our manager.

Question 18

IPCA - section 13 - duty of commissioner to notify authority of certain incidents involving death or serious bodily harm.

Answer 18

When police acting in the execution of their duties causes death or serious bodily harm to someone, the commissioner shall in writing as soon as practicable give to the authority a written notice about the details of the incident.

Serious bodily harm: any fracture, deep laceration, injury to internal organ, important bodily function, blow to the head causing severe concussion, injury that results in admission to hospital, or allegation of sexual assault.

Exception: dog bites where injury is NOT a deep laceration and the person has not been admitted to hospital only to allow the wound to be washed out and sutured before the person is discharged.

Question 19

What is serious misconduct?

Answer 19

Behaviour or actions that breach the code of conduct or other police policies and employment agreements and seriously undermine or damage the trust and confidence police has in you, calling into question if the employment relationship can continue. It is behaviour or actions that may justify dismissal.

Question 20

What are the DONT’s of a social media post?

Answer 20

• dont use a personal profile for any work related activity
• dont use your personal address, email, phone number for police accounts
• dont post anything that can bring the police into disrepute
• dont post anything that compromises the security of family or colleagues

Question 21

Speak up tiers of support are?

Answer 21

Tier 1 - core supervisory responsibilities
Tier 2 - proactive management
Tier 3 - active intervention

Question 22

How can we be sure our conduct complies with the code of conduct? (Self test)

Answer 22

• would your decision withhold scrutiny? community, police service, media
• does my decision ensure compliance? code of conduct, policy, general instructions
• Is my decision lawful? laws, regulations, rules
• Is your decision fair? your family, others

Question 23

Can employees directly report inappropriate behaviour to the IPCA?

Answer 23

Yes if:

• they feel they are unable to report the behaviour to anyone in the police OR
• the behaviour requires the immediate attention of the IPCA

Question 24

What are ‘our business’ targets?

Answer 24

• 5% reduction in road deaths each and every year
• 10,000 fewer serious crime victims by 2021
• 25% reduction in Maori re offending by 2025
• 90% of people feel safe and have trust and confidence in police by 2021
• $500 million cash and assets restrained from gangs and criminals by 2021.

Question 25

Duty of commission to notify authority of complaints

Answer 25

The commissioner shall notify the authority of every complaint received by police, other than a complaint notified to the commission by the authority. Notification must be given as soon as practicable but no later than 5 working days after receipt of the complaint.

Question 26

Why is the rule of law important for the NZ police?

Answer 26

Police are responsible for administering the law and need to administer it in a fair and consistent way.

Question 27

Ideally, what should happen with any inappropriate behaviour?

Answer 27

It should be challenged on the spot.

Question 28

What are the section 8 principles of the policing act?

Answer 28

(a) principled, effective and efficient policing, services are a cornerstone of a free and democratic society under the rule of law
(b) effective policing relies on a wide measure of public support and confidence
(c) policing services are provided under a national framework but also have a local community focus
(d) policing services are provided in a manner that respects human rights
(e) policing services are provided independently and impartially
(f) in providing policing services, every police employee is required to act professionally, ethically and with integrity.