Reporting Behaviour, IPCA & Complaints/Notifiable Incidents Flashcards
What does Section 13 of the IPCA Act 1988 refer to?
Requires police to notify incidents involving death or serious bodily harm.
What does the MoU with IPCA specify relating to serious misconduct?
Police is required to notify serious misconduct or neglect of duty constituting a criminal offence or anything that puts the reputation of Police at risk.
Who manages complaint investigations against Police employees and section 13 or MoU investigations?
District PPCM
There are nine responsibilities of our People leaders within Kia Tu. List them.
- Monitor work environments to ID factors contributing to unacceptable behaviour
- Address any concerns of unacceptable behaviour before they occur
- Promote a culture that enables resolution at the lowest level
- Formally report serious concerns
- Ensure team members are aware of policy, process and support available
- Ensure support is available
- Assess and make adjustments to reporting lines or work location as required
- Assign responsibility to another manager where conflict of interest identified
- Provide support when formal concern raised & ensure
- receives a fair hearing
- kept informed
- support persons present
- provided information & encouraged to access support services
What Act provides protection for employees who, in accordance with the Act, disclose information about serious wrongdoing in or by their organisation?
The Protected Disclosures Act 2000. (This is a high threshold and descriptors are listed within the Protected Disclosures Policy)
Is the identity of an employee who makes a disclosure under the Protected Disclosures Act 2000 always protected?
It is not guaranteed. There are three reasons why not:
- Employee consented
- Release is essential to the effective investigation of the allegations or disclosure to prevent serous risk to public health, safety or the environment
- Essential to comply with principles of natural justice
What situations is it required for an employee to notify their supervisor when their behaviour falls short of the required standards in the CoC? (6 points). Who does the supervisor inform?
- Charges in Court
- EBA
- DLIC Suspension
- Speeding greater than 40km above limit
- Respondent of Protection Order
- Any charge or infringement that COULD lead to DLIC suspension
Supervisor informs District PPCM
Section 12 of IPCA Act 1988 relates to what?
Functions of IPCA.
- to receive complaints about Police
- investigate where necessary
- take action
Section 13 of IPCA Act 1988 relates to what?
The Commissioner must notify IPCA where death or serious bodily injury occurs in execution of duty
Outline ‘serious bodily harm’ in relation to IPCA Act 1988
Fracture, deep laceration, injury to internal organ, impairment of bodily function, blow to head causing concussion, injury resulting in hospital admission or sexual assault allegation.
What is the exception in relation to ‘serious injury’ (Section 13 IPCA Act 1988)?
Dog bite that isn’t deep - admission to hospital only to wash and suture wound
Outline section 15 of IPCA Act 1988 - and the period of reporting
Commissioner to notify IPCA of every complaint received by Police. Commissioner to notify ASAP but has 5 days (no later) from receipt of complaint
Section 20 IPCA Act 1988?
After completion of Police investigation of a complaint, Commissioner must report ASAPracticable (and no later than 2 months) the result and action taken, and whether settled by conciliation.
- shall supply accompanying material sufficient for IPCA to see adequacy of investigation
- Commissioner can consult IPCA on possible action to be taken before reporting to IPCA
What are the four key principles underpinning the Police complaints process?
- Complaints investigated in a fair, timely and effective manner
- All reasonable steps taken to investigate complaints and notifiable incidents
- Complaints & notifiable incidents investigated within guidelines of good practice, without bias or conflicts of interest
- Employees have right to be advised of allegations and right to respond
FIGR
- Fair
- Investigated
- Good Practice
- Rights
The IPCA categorises investigations - A to D. List these
A- Serious (conduct own investigation)
B- Serious or significant (referred back to Police to investigate with active oversight)
C- Facilitated case resolution (referred back to Police for facilitated case resolution)
D- Minor (nfa by IPCA but Police may need to assess further action)
Can the IPCA require any person able to give information about a matter to give that information?
Yes
In addition to statutory requirements to notify the IPCA, there is an MoU which outlines other reporting matters. Give the “common sense approach” that relates to this aspect.
Consider if the incident or matter will cause a loss in trust and confidence in the NZ Police
What are examples of notifiable incidents under the MoU?
- Non-injury pursuit causing significant damage or such public interest that it places or likely to place Police reputation at risk
- Cell block or other custody self harm attempt not resulting in serious injury that is of such significance… reputation at risk
- Use of force not resulting in serious injury… reputation at risk
Describe the three part principle when receiving a complaint
Every complainant must:
- be treated with courtesy, respect and compassion
- Have complaint received and actioned promptly
- Be advised of procedures for actioning their complaint
What do you do if a complaint is being made on behalf of another person?
See the actual complainant in the first instance to confirm the allegations. Where a solicitor makes a complaint on behalf, make arrangements through the solicitor to interview the complainant
Can districts notify the IPCA directly?
No. Notify complaints to the Director: PPC at PNHQ
Define “expression of dissatisfaction” or EOD
A complaint about something that is not a specific incident, not relating to a specific officer or not a specific organisational failure
Provide examples of ‘expressions of dissatisfaction’ or EODs
- Police sirens heard late at night
- Police helicopter noise
- Trainee police driving around local streets
- Police not enforcing speed limits
- Never seeing Police walking the beat
Does the IPCA need to be notified of EODs?
No, they can be resolved at local level. If in doubt - consult district PPCM
Define ‘serious complaint’
Such significant public interest it puts or is likely to put Police reputation at risk
Provide examples of ‘serious complaint’
- Complaints likely to generate significant media coverage
- Complaints that would otherwise not be considered serious but is against employees at Inspector or above (or equiv non-constabulary)
- Complaints involving Executive
- ANY incident of a sexual nature
Who do you notify of a ‘serious complaint’?
District PPCM, District Commander or National Manager who will notify National Manager: PPC
Who is ultimately responsible for managing investigations in to notifiable incidents
The District Commander or National Manager of the Service Centre where the employee is employed, unless otherwise determined by the Commissioner
How frequently must the District Commander provide updates of investigations to the Director: PPC
Monthly. Although weekly for significant matters
What needs to happen if the Director: PPC forms the view that there are problems with an investigation?
They need to escalate to the Police Executive. IPCA need to be updated and and PPCM should notify PNHQ of reason for delays.
