CPC 4 Flashcards
(19 cards)
What is SOV s7
Describes the shared ideals of the NSW Police Force
Provides more detailed guidance on how to fulfil the role of a Police Officer. All NSW Police Officers MUST embrace and act in accordance with these values
What is the Police Act 1990 (NSW) s 13, s 13 Oath to be taken by persons exercising police functions - Police Regulation 2015 (NSW) s 7 Oath or affirmation of office for police officers?
The REQUIREMENT for police officers to take the Oath or Affirmation is located in the Police Act 1990 (NSW) s 13. You will notice this section does not provide detail on the specific wording of the Oath or the Affirmation. The Police Regulation 2015 (NSW) s 7 provides the wording for both the Oath and the Affirmation.
What are the 10 points of the CCE?
- Behave honestly and in a way that upholds the values and the good reputation of the NSW Police Force whether on or off duty
2; Act with care and diligence when on duty
3; Know and comply with all policies, procedures and guidelines that relate to their duties - Treat everyone with respect, courtesy and fairness
- Comply with any lawful and reasonable direction given by someone in the NSW Police Force who has the authority to give the direction
- Comply with with law whether on or off duty
- Take reasonable steps to avoid conflicts of interest, report those that can not be avoided, an co-operate in their management
- Only access, use and/or disclose confidential information if required by their duties and allowed by NSW Police Force Policy
- Not make improper use of their position or NSW Police Force information or resources
- Report misconduct of other NSW Police Force Employees
What is Integrity and Integrity Testing?
Refers to having principled character traits and work ethics including sound judgement, honesty, dependability and loyalty
What is a COI?
A conflict of interest occurs when the private interests of a NSW Police Force employee interferes with or influences, or appears to interfere with or influence, their official duties and responsibilities.
2 Ways:
1. Involve gaining a personal advantage as well as avoiding or minimising personal disadvantage, and/or
2. Allow you to avoid a loss, expense, or something else that has a negative impact on your personal or private interests
3 Types of COI?
Actual
Perceived
Potential
What is an Actual COI
This is where a conflict exists between your official duties or responsibilities and your private interests.
What is a Perceived COI?
This is where others may interpret your private interests as improperly interfering with, or influencing, the performance of your official duties or responsibilities, whether this is in fact the case.
What is a Potential COI?
This is where your private interests could interfere with or influence your official duties or responsibilities in the future. In other words, there is no conflict of interest now, but if not managed, it has the potential to become one.
What is Public Interest?
Acting in public interest means carrying out official duties and responsibilities for the benefit of the public in a fair and unbiased way, inc making decisions that are not affected by:
1. Self-Interest
2. Personal Values
3. Private Opinions
4. Affiliations
5. The likelihood of personal gain or loss
What is Private Interest?
Your private interests are relevant to this policy where there is a connection to your official duties. If there is potential for conflict, you may be less able to put public interest before your own. If there is any potential for conflict, it must be declared and managed.
1. Social Interests
2. Community Interests
3. Professional/Business Interests
4. People and groups with which you associate
What are the 5 Steps to avoid COI?
Identify - the Conflict
Avoid - the conflict
Report - the conflict
Manage/Corporate - the conflict
Monitor/Report - the conflict
What is Corruption?
Deliberate unlawful conduct, whether by act or omission, on the part of a member of the NSW Police Force / utilising position, whether on or off duty / the exercise of police powers in bad faith
What is Process Corruption
- Where the processes of the organisation are interfered with during the administration of justice
- Process corruption is generally motivated by some form of personal gain: to be seen as getting the job done, monetary, revenge, pride, recognition, or promotion. Doing the wrong thing for the wrong reason.
- In addition to the actus reus, it’s usually the mens rea that distinguishes process corruption from noble cause corruption.
What is Noble Corruption?
- Is where a corrupt act is undertaken without thought of personal gain, but to get the job done
- It often uses or looks like process corruption but with one major difference: The intent is not for personal gain.
- In addition to the actus reus, consider the mens rea and how it differs from that of process corruption.
- Doing the wrong thing but apparently for the right reason.
- Noble cause corruption is corruption and so does not count as an acceptable excuse. It still involves deliberate unlawful conduct as an officer.
What are the main causes of corruption?
The Sisyphean nature of policing
Cynicism
Moral ambiguity of policing methods
Moral Corrosiveness of Job
COI
Groupthink
Slippery Slope argument
Unfair distribution argument
What is Misconduct?
Misconduct is an intentional breach of NSW Police Force policy, stringent guidelines, or legislatively based duties or requirements, by an officer of the NSW Police Force
What is Maladministration?
Section 11(2) of the Law Enforcement Conduct Commission Act 2016 (NSW) informs us that maladministration could be viewed as conduct which, whilst not amounting to unlawful conduct, is still inappropriate.
