Staff Management 2 Flashcards
Staff Management 2 - Reporting unacceptable behaviour
Professional Conduct
The term “Professional conduct” refers to what ?
The expectations of the Commissioner and functional area Police deal with PC issues
Staff Management 2 - IPCA
Professional Conduct
Under s.13 of IPCA Act 1988, Police are required to notify the authority of what 4 things ?
- Incidents involving death or serious bodily harm
- Serious misconduct
- Neglect of Duty constituting a criminal offence
- Anything that puts “reputation of Police” at risk
Staff Management 2 - Reporting unacceptable behaviour
Under the Protected Disclosures Act 2000 (‘Whistleblowers Act’), Police must protect the identity of the disclosing employee. Your identity may only be released in what circumstances ?
- If you have consented to its release
… OR Police reasonably believe:
* Disclosure of identity essential to effective investigation
* To prevent serious risk to public health, safety and the environment
* Essential to compy with principles of natural justice
* essential to investigation by another law enforcement agency for purpose of law enforcement
Staff Management 2 - Professional Conduct
If officer fears disclosure of an incident may expose him to harm, he/she may do what ?
- Make direct approach to PC Manager, HR Advisor, OR other trusted Supervisor
- District Commander / National Manager PPC shall take steps to support officer
- Dep. Commissioner - Operations kept appraised of approach and action taken
NOTE: If employee fears info will expose them to physical, psychological or vocational harm, they may approach Dist. Comm. or National Manager PPC directly.
Staff Management 2 - Professional Conduct
If there’s any suspicion of Criminal Offending, misconduct, or neglect of duty - the Commissioner requires what to be done ?
- Report to District Commander, who shall then cause an investigation to be carried out
Staff Management 2 - Professional Conduct
Professional Conduct
With regards to any “Integrity reporting”, can an off duty member report this behaviour ?
NO - must be an “On-Duty member” who submits report to their Supervisor. If any attempt made to evade the law enforcement process, Dist. Comm. shall set up investigation
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 12 - Functions of Authority
S.12, ss.1 outlines what the functions of the authority “shall be” - what are these ? (3 things)
(a) * To receive complaints
- alleging misconduct or neglect of duty by any Police employee, OR
- concerning any practice, policy, or procedure of Police affecting the person or body of persons making complaint
(b) * To investigate, where satisfied reasonable grounds in public interest, any incident involving death or serious bodily harm notified under s.13
(c) * take action in respect of complaint, incidents and any other matters as contemplated by Act.
Staff Management 2 - Professional Conduct IPCA
Section 12 - Functions of Authority
S.12, ss.2 outlines “In the course of taking action” (about a complaint) Police may also “investigate” what in respect to any complaint - explain ?
- Police may investigate any apparent misconduct, neglect of duty, Police practice, procedure which appears to relate to the complaint - but does not refer to the original complaint
Staff Management 2 - Professional Conduct IPCA
Section 12 - Functions of Authority
Under ss.3 - Are the Authority authorised to investigate any matter (under ss.1) relating to terms and conditions of service of any Police employee ?
NO
Staff Management 2 - Professional Conduct IPCA
Section 13 - Duty of Commissioner to notify of Death or Serious Bodily Harm
Section 13 - what does this section specify and what must Police do when an incident occurs (timeframe / correspondence for IPCA) ?
Where Police employee acting in execution of duty causes, OR appears to cause, death or serious bodily harm, Commissioner shall ASAP give written notice setting out particulars of incident as to how it was caused
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 13 - Duty of Commissioner to notify of Death or Serious Bodily Harm
Serious bodily injury means any what ?
- Fracture
- Deep laceration
- Injury to internal organ
- Impairment of bodily function
- Blow to head causing severe concussion
- Injury resulting in hospitalisation as result of Police actions
*NOTE: Hospitalisation does NOT include dog bites where injury is not deep and subject only in hospital to clean out wound before being discharged
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 15 - Duty of Commissioner to notify Authority of Complaints
What does s.15 stipulate, ss.1 (notification) and ss.2 (timeframe)?
(1) Commissioner shall notify Authority of EVERY complaint received by Police, other than complaint notified to Commissioner by the Authority
(2) Notification must be “As Soon As Practicable”, BUT no later than 5 working days after receipt of complaint
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 15 - Duty of Commissioner to notify Authority of Complaints
Under clause 13 of MOU, the Commissioner has requested IPCA investigate what matters in terms of S.22(2) of IPCA Act (5 things)
- Any Criminal offending OR Serious misconduct - of such significance or public interest, likely to place Police reputation at risk
- Police intentionally discharge firearm
- Judicial adverse comments against employee OR Police practice, policy, procedure
- Attempted suicide or Self Harm in Police custodial facitlities
- Unintentional dog bite - member of public
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 20 - Duty of Commissioner to report to Authority on Police investigation of complaint.
What does s.20 stipulate, (under ss.1) in regards to timeframes and what action Police have taken on an investigation?
(1) Commissioner shall ASAP, but no later than 2 months after completing Police investigation report - report to IPCA:
(a) whether complaint upheld, AND if so, **what action taken **or is proposed to rectify matter;
(b) whether complaint been settled by conciliation
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 20 - Duty of Commissioner to report to Authority on Police investigation of complaint.
Under S.20 (2), when reporting to the authority the outcome, what shall the Police supply ?
- Accompanying sufficient material to allow Authority to assess adequacy of Police investigation
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
Section 20 - Duty of Commissioner to report to Authority on Police investigation of complaint.
Under S.20 (3), can Police consult with the Authority on an action proposal before reporting to them ?
YES
Staff Management 2 - Professional Conduct IPCA
Professional Conduct - IPCA Act 1988
What are the Key principles underpinning the Police complaints process ? (4 things)
- Ensure complaints are investigated in fair, timely and effective manner
- All reasonable steps are taken to investigate complaints and notifiable incidents
- Complaints and notifiable incidents are investigated with good practice, without bias or any conflict of interest
- Employees have right to be advised of any allegations against them and right to respond
Staff Management 2 - Professional Conduct IPCA
IPCA Act 1988
Explain Category A investigations
Serious complaints where Authority “may” decide to conduct it’s own investigation
Staff Management 2 - Professional Conduct IPCA
IPCA Act 1988
Explain Category B investigations
Serious or Significant matters where Authority refer matter to Police for investigation and will actively oversee Police investigation
Staff Management 2 - Professional Conduct IPCA
IPCA Act 1988
Explain Category C investigations
Appropriate for facilitation of case resolution and referred to Police for conciliation
Staff Management 2 - Professional Conduct IPCA
IPCA Act 1988
Explain Category D investigations
Minor matters requiring no further action, however Police may assess behaviour and learnings where performance can improve
Staff Management 2 - Professional Conduct IPCA
IPCA Act 1988
With regards to the Authority investigating a matter, what can they ask from “any person” ?
May require “any person” who is able to give information about a matter, to provide all information and assistance needed to carry out its functions.
Staff Management 2 - Professional Conduct IPCA
IPCA Act 1988 - MOU with the Authority
In addition to the Statutory requirements under s.13 and s.15, the Commissioner may notify the Authority of any other matter involving what ? AND how is it best considered or applied?
- Anything involving Criminal or Serious Misconduct of such significance it puts “reputation of Police” at risk.
Apply common sense and consider if matter will cause loss of Trust and Confidence in NZ Police
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If matter not a complaint, just expression of dissatisfaction, then what action is taken ?
Without delay, make every effort to resolve by way of explanation
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If complaint is made orally, then what action is taken ?
Employee receiving complaint must summarise in writing, or get complainant to, and get complainant to sign as soon as practicable
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If person calls at Police Station OR Community Policing Centre, then what action is taken ?
Record complaint in writing - MUST NOT ask them to call another day or deal with someone else
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If employee who is subject of complaint is only person available at Station, then what action is taken ?
You must record complainant’s details and promptly submit report to District PC Manager, Dist. Commander or Director: Integrity and Conduct, who will arrange independent employee to take complaint
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If complainant unable or reluctant to call at Police Station to make complaint, then what action is taken ?
Must advise complainant arrangements can be made for them to be interviewed elsewhere
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If complainant wishes their complaint to be received and recorded in presence of friend, relative or solicitor, then what action is taken ?
You must facilitate that request
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If complaint is made on behalf of another person, then what action is taken ?
You should see the actual complainant in the first instance to confirm allegations and their wish for an investigation.
If solicitor makes complaint on behalf of client, make arrangements for clients interview through solicitor.
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
If complaint is made by a person in Police custody, then what action is taken ?
You must ensure questioning relates solely to matters directly relating to allegations.
Unless compelling reasons to contrary, you should allow person’s representative to be present during interview
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
District Professional Conduct officers must notify who of any complaints ?
Director: Integrity and Conduct at PNHQ … who in turn notifies the Authority.
Districts must NOT notify the Authority directly
Staff Management 2 - Professional Conduct IPCA
Initial Action on receiving a complaint
Is an expression of dissatisfaction a complaint ?
NO - for the purposes of this policy