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Inspectors CPK > Chapter 3 > Flashcards

Chapter 3 Flashcards

1
Q

Professional conduct is underpinned by what (2)

A

Police Values

Code of Conduct

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2
Q

PPC National Mgr is responsible for;

A

National oversight of investigations into complaints about the conduct of police employees or incidents notifiable to the IPCA

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3
Q

S.13 of IPCA Act 1988 requires police to do what;

A

Notify incidents involving death or serious bodily harm.
Under MOU with IPCA, 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.

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4
Q

What is the role of the District PP Mgr

A

All complaint investigations against police employees

Section 13 or MOU investigations

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5
Q

Any internally id’ed misconduct or serious deficiency or error in the execution of duty or function should be reported to who?

A

Line supervisor or if employee fears repercussion, direct to district PPC mgr.

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6
Q

Commission of inquiry into police conduct recommendation 52?

A

Police employees appropriately challenge improper behaviour, and feel confident to report misconduct, particularly sexually inappropriate behaviour by other police employees or their associates, and know that their actions will be supported by their colleagues and management.

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7
Q

Commissioner requires any suspicion of criminal offending, misconduct or neglect of duty to be reported to whom;

A

District Commander who then cause an investigation to be carried out.

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8
Q

Integrity reporting and speaking up is designed to provide a framework that will ensure what

A

Particular elements of support are offered and delivered to police employees who report or are required to give evidence against other police employees in disciplinary or criminal proceedings whether an external party reported the matter or not.

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9
Q

IPCA Act 1988 S.13 Duty of commissioner

A

Where police employee acting in execution of duty causes or appears to have caused, death or serious bodily harm to any person, the commissioner shall as soon as practicable give to the authority a written notice setting out particulars of the incident in which the death or serious bodily harm was caused.

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10
Q

s.13 Serious bodily harm includes;

A

Fracture, deep laceration, injury to internal organ, impairment of bodily function, blow to the head that causes severe concussion, injury that results in admission to hospital or allegation of sexual assault.

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11
Q

S.13 exception to bodily harm

A

dog bites where the injury is no a deep laceration and the subject has been admitted to hospital only to allow the wound to be washed out and sutured before the subject is discharged.

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12
Q

S.15 Duty of commissioner to notify authority of complaints

A

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

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13
Q

S.20 Duty of commissioner to report to authority on police investigation of complaint

A
  1. Commissioner shall ASA practicable, and in no case later than 2 months, after the completion of a police investigation of a complaint, report to the authority -
    a. whether the complaint has been upheld and if so what action has been taken or is proposed to be taken to rectify matter;
    b. Whether the complaint has been settled by conciliation
  2. Must supply supporting material
  3. Commissioner may consult authority on any police proposals for action on a complaint before reporting to the authority under this section.
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14
Q

Police investigations of complaints and notifiable incidents - key principles (4)

A

To ensure that complaints are investigated in a fair, timely and effective manner.
To ensure that all reasonable steps are taken to investigate complaints and notifiable incidents.
To ensure that complaints and notifiable incidents are investigated within the guidelines of good practice, without bias or conflict of interest.
All employees have the right to be advised of any allegations against them and the right to respond to those allegations.

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15
Q

IPCA - notification of complaints - timeframe

A

As soon as practicable but within 5 days of every complaint or notifiable incident. Also the act requires the authority to notify the commissioner of all complaints that it receives.

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16
Q

IPCA investigation categorisation 1 - 5

A

1 Serious complaints where the authority may decide to conduct its own investigation.
2 Serious or significant matters where the authority will actively oversee the Police Investigation.
3 No longer exists
4 Matters that the authority considers are appropriate for facilitated case resolution. They will be referred to the Police for conciliation with the complainant and investigation by Police as necessary. The authority may deem a matter capable of early resolution and will endeavour to identify issues.
5 Minor matters or matters that require no further action by the authority, however police may need to assess the alleged behaviour to ascertain whether there are performance or conduct issues or learning that can improve police service.

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17
Q

IPCA action on complaints (4) - s.12

A

1 Receive, and if appropriate independently investigate.
2 Investigate of its own motion, where it is satisfied there are reasonable grounds in the public interest, any notifiable incident.
3 Oversee or review police investigations of complaints or notifiable incidents.
4 Take such action in respect of complaints, incidents and other matters as is contemplated by the Act.
NOTE; whilst Police will in almost all cases lead an investigation, the authority may choose to conduct its own investigation or investigate in parallel with police.
Authority may require any person who is able to give info relating to any matter that it is investigating to provide all info and assistance needed for the Authority to carry out its functions.

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18
Q

MOU with the authority

A

Commissioner may notify the authority of any matter involving criminal offending or serious misconduct by a police employee, where that matter is of such significance or public interest that it places or is likely to place the Police reputation at risk. - consider loss in t and c of police.

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19
Q

Initial action on receiving a complaint - principles, dealing with complainant (3)

A

Every complainant must;
Be treated with courtesy respect and compassion.
Have their complaint received and actioned promptly.
Be advised of the procedures for actioning their complaint.

20
Q

How do staff notify the authority

A

Districts notify the National Manager Police Professional Conduct at PNHQ who in turn notify the authority. Districts must NOT notify the authority directly.

21
Q

Police employees receiving a complaint do what

A

Refer it to their supervisor.
Supervisor will issue instructions if matter requires early attention.
Refer the file to the District PPC Manager who will notify the National PPC Manager.

22
Q

Serious complaint definition

A

Complaint or issue of such significant public interest or puts or is likely to place the police’s reputation at risk.e.g. create media coverage, high ranking, or executive, anything of a sexual nature.

23
Q

Who to consult before any major investigative decisions are made. (2)

A

District Commander OR

National Manager

24
Q

Who manages investigations.

A

Unless determined otherwise by the commissioner, the overall responsibility for managing investigations into notifiable incidents rests with the District Commander or National Manager of the Service Centre where the employee is normally employed.

25
Q

Investigation Updates

A

District Commanders must actively manage the investigations to ensure effective updates are provided to the National Manager PPC on a monthly basis. For significant matters which are subject to the Commissioners Notification, the District PPC must ensure weekly investigation updates are provided to the National Manager PPC. Update must provide status of investigation any significant development, expected timeline to complete and any outstanding tasks.

26
Q

Consultation with the IPCA on any Police proposal for action on a complaint before final reporting to the IPCA (section 20(3)) MUST be done through ?

A

The National Manager PPC.

Contact with PNHQ for consultation can be done at any stage to PPC and Employment Relations.

27
Q

Integrity reporting and speaking up principles (6)

A

Behaviour we ignore is the behaviour we accept.
Every employee involved is responsible for how the action is handled.
All employees are encouraged to challenge or report what is reasonably believed to be inappropriate behaviour.
We will take responsibility for our own actions by self reporting to our supervisors when we have been involved in certain incidents.
Any allegations of inappropriate behaviour will be taken seriously and should be resolved in a timely manner.

28
Q

What does inappropriate behaviour include;

A

Unethical behaviour.
Behaviour that may be a breach of the Code of Conduct.
Serious wrongdoing as defined by Section 3 of the Protected Disclosures Act.
Harassment bullying and discrimination.

29
Q

Discrimination and harassment policy does not apply to;

A 
Issues you may have in relation to your terms and conditions of employment;
Personal grievances (come under Employment Relationship Problems Policy.)
Accusations that you know to be false.
30
Q

Discrimination and harassment confidentiality and anonymity;

A

There are protections available to police employees however this cannot always be guaranteed.
However individuals who are the subject of concerns about inappropriate behaviour have the right to know the identity of the person who made the allegation, as well as the substance of the allegation.

31
Q

When to challenge inappropriate behaviour.

A

As soon as it occurs. However there may be circumstances when this may not always be appropriate or possible.

32
Q

Who to report inappropriate behaviour to;

A

Another trusted supervisor, FTO or senior employee.
Local HR team, Area or District Commander, National Manager, Assistant Commissioner.
One of the Deputy Commissioners or Deputy Chief Executives or the Commissioner.

33
Q

Protected disclosures - can they be made;

A

In some circumstances however the threshold is quite high.

34
Q

Further ways to report inappropriate behaviour;

A

Speak up or helpline.
IPCA - employee may feel unable to report the behaviour to anyone; behaviour requires the immediate attention of the IPCA. - NOTE; all complaints made to the authority are forwarded to Police.

35
Q

Steps a supervisor should take after receiving a report of inappropriate behaviour (5);

A
  • Discuss the situation in a neutral and unbiased fashion.
  • If appropriate obtain a full and detailed account of the alleged inappropriate behaviour including the nature, names of those involved, time date and place, other relevant facts.
  • Advise you what initial steps will be taken in relation to their report including who will be informed of or receive info about their report and about the protections and support available to them.
  • Report to the people group, as appropriate.
  • Maintain detailed records and ensure strict confidentiality by only disclosing the info for the purpose for which it was taken.
36
Q

Speak up tiers of support;

A
  1. Core Supervisory Responsibilities - support role.
  2. Proactive Management - employment or criminal investigation, or; employee reports experiencing some form of retaliation for speaking up.
  3. Active Intervention - Tiers 1 and 2 is insufficient, the People Group, PNHQ will, with your approval, refer your case to a local Harassment Support Officer and / or the sub-committee of the Executive Leadership Board (ELB) responsible for People related issues. A harassment support officer can work directly with you, your support supervisor and other relevant managers as required. ELB sub committee can help to resolve any issues that require senior mgmt involvement.
37
Q

Employee Assistance Programme (EAP) - what do they do.

A

Free counselling, or professional / specialist assistance to Police employees on a wide range of concerns that may affect their work performance or impact on their health and well being.

38
Q

Self reporting of certain incidents;

A

Any charge you are to face in court.
Any infringement for driving with excess alcohol.
Any suspension of your drivers licence.
Any speeding notice in excess of 40km above limite.
Respondent of a Protection Order.
Charge or infringement that could lead to suspension or partial suspension of your DL.
Failure to do so could result in disciplinary action.

39
Q

Supervisor receiving self report does what;

A

Advises District PPC.
There is a requirement for self reporting where you are summonsed or elect to give evidence other than as a Police Prosecution Witness.

40
Q

Early Intervention Policy - key things to note

A

Preventative in nature - engaging with employees in a remedial and supportive manner who may not be performing to an acceptable and professional standard.
4 phases - ID, analysis, engagement and intervention, feedback and follow up.
EI is not a disciplinary sanction and info collected during this must not be used for disciplinary, performance appraisal or appointment processes.

41
Q

EI database - what is it

A

IAPRO and is triggered when reaches a pre-determined threshold. Engagement by the employee is voluntary.

42
Q

Confidentiality of EI info

A

No info held on employees personnel file.
Cannot disclose without employees consent unless they reasonably believe that disclosing the info; is for one of the purposes for which the info was obtained or is directly related to one of these purposes or is necessary to prevent or lessen a serious threat to public health or safety or to the life or health of a person; avoid prejudice to the maintenance of the law; or as part of any court process.

43
Q

Exception to info being used for disciplinary action

A

A proposal to remove an employee from police.

44
Q

Managing conflicts of interest; policy statement and principles.

A

Actual potential or perceived conflicts of interest must be declared and appropriately managed.

45
Q

Conflict of interest defined;

A

A situation where our personal or professional interests may conflict with our position, obligations or responsibilities as a police employee.

46
Q

Why does reporting conflicts of interest exist;

A

Protect our integrity.
Risk to org.
Especially significant in the public sector where we direct and use taxpayer dollars.
We have access to private and confidential information.

Inspectors CPK (10 decks)

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