PPP136 (Ethics)

Loyalty and misconduct - CODE OF CONDUCT

6. An employee of the NSW Police Force must comply with the law whether on or off duty. 7. An employee of the NSW Police Force must take reasonable steps to avoid conflicts of interest, report those that cannot be avoided and co-operate in their management. 10. Report the misconduct of other NSW Police employees

What is corruption?

Deliberate unlawful conduct, whether by act omission, by a NSWPF member, utilising his or her position, whether on or off duty, and the exercise of police powers in bad faith.

How do you Deal with a Conflict of Interest?

I.A.R.M.M 1. Identify the conflict 2. Avoid the conflict (where practical) 3. Report the conflict 4. Management of the conflict must have your co-operation 5. Monitor the conflict until it is resolved with your supervisor

What is 'Conflicts 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

Role of Police in a democracy

P-PUMP • Prevent and detect crime • Protect life and property • Maintain order • Uphold and enforce the law • Provide social services

What is 'Duty of Care'?

Taking all REASONABLE steps to avoid acts or omissions, which could be REASONABLY FORSEEN to harm a person/s.

What is 'Negligence'?

The breach of a duty owed by one person to another, a duty to take care, to do the things a reasonable prudent man would do and not do.

What is inappropriate conduct?

a) Conduct that constitutes an offence b) Conduct that constitutes corrupt conduct c) Conduct that constitutes unlawful conduct d) Conduct that, although not unlawful (i) is unreasonable, unjust, oppressive or improperly discriminatory in its effect, or (ii) arises, wholly or in part, from improper motives, or (iii) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration

What is 'Discretion'?

• Acting according to your own judgment wherever your authority leaves you free to do so • Enabled by Original Authority • Suiting an action to a particular circumstance

What are the different types of conflict of interest?

• Actual -This is where a conflict does actually exist between your official duties or responsibilities and your private interests. • Perceived -Where it could be seen by others that your private interests could improperly interfere with or influence you in the performance of your official duties or responsibilities, whether or not this is in fact the case • Potential -Where your private interests could interfere with or influence your official duties or responsibilities in the future.

What is the 'Rule of Law'?

• An Ideal about how power is to be exercised and any person/group with power must be accountable (justification) • A system of power and authority when exercised in accordance with public laws made by a democracy IMPORTANT • Rule of Law is about how the law should be upheld and enforced; its not the same as enforcing or upholding the law • Rule of Law means "the law rules" • Ideal about the way that power and authority are exercised in society

What is 'Process Corruption'?

• Corruption of police processes • More widely accepted than other forms of corruption • Often seen as "good policework" • Examples: - Use of Excessive Force - Tampering with Evidence - False Testimony - Use of Force to Extract Confessions

Code of Conduct and Ethics

• Greater detail & clearer guidelines on conduct required to support SoV and OoO • What to do and how to do it at "ground level" • Professionalism and pride o Behave honestly in a way that upholds the values and the good reputation of NSW Police whether on or off duty o Act with care and diligence when on duty o Know and comply with all policies, procedures and guidelines that relate to their duties o Treat everyone with respect, courtesy and fairness o Comply with any lawful and reasonable direction given by someone in NSW Police who has the authority to give the direction o Comply with the law whether on or off duty o Take reasonable steps to avoid conflicts of interest, report those that can not be avoided and co-operate in their management o Only access, use and/or disclose confidential information if required by their duties and allowed by NSW Police policy o Not make improper use of their position or NSW Police information or resources o Report the misconduct of other NSW Police employees

What is 'Appropriate discretion'?

• Ignore irrelevant facts • Takes account of relevant facts • Has consistency (objectivity) • Rational • Applied in good faith

What is 'Inappropriate discretion'?

• Ignore relevant facts • Takes account of irrelevant facts • Inconsistent (Subjective) • Irrational • Applied in bad faith

cl.7, Police Regulation, 2008

• Keeping the peace: Which is the key role of police in a democracy • Acting without favour or affection: Which means acting impartially even when you particularly like someone. It's about seeing past your own feelings or likes! • Acting without malice or ill-will: Which means acting impartially even when you dislike someone. It's not about you or your own beliefs! • To the best of my skill and knowledge: Which means giving your all in a reasoned way, and not just when you feel like it!

Sources of Police Discretion?

• LEPRA s.99 (1a, 1b, 2) provides explicit authority for the officer to use discretion • The word "may" gives an officer the option to arrest, or take the most appropriate action. • "Reasonable force" and "reasonable suspicion" • Police discretion is the Common Law powers of the Constable.

Oath of Office: s.13 Police Act 1990 & Reg.7, Police Regulation 2008

• Legally binding vow that enables Original Authority and discretion • Guidance on what to do and how to do it • Keep the peace, impartially, to the best of your ability & faithfully according to law The OOO is derived from legislation, is a legally binding vow and tells you what to do and how to do it at a high level. Clause 7 Police Regulation 2008 I, XXXX, do swear that I will well and truly serve our Sovereign Lady the Queen as a police officer without favour or affection, malice or ill-will until I am legally discharged, that I will cause Her Majesty's peace to be kept and preserved, and that I will prevent to the best of my power all offences against that peace, and that while I continue to be a police officer I will to the best of my skill and knowledge discharge all my duties faithfully according to law. So help me God.

What are the main areas of concern when it comes to conflicts of interest?

• Professional distance • Secondary employment • Declarable associations

Statement of Values: s.7 Police Act 1990

• Shared ideals of NSWPF • Detailed guidance on how to fulfil your role • Embrace and act in accordance with these values, NOT YOUR OWN VALUES • ETHICAL o Places Integrity above o Upholds the rule of law o Preserves the rights and freedom of individuals o Seeks to improve the quality of life by community involvement in policing o Strives for citizen and police personal satisfaction o Capitalises on the wealth of human resources o Makes efficient and economical use of public resources o Ensures that authority is exercised responsibly

STOPAR

• Stop - focus on the new situation & identify the issue/problem/risks • Think - identify the key situational factors - who & what is involved • Observe - gather all of the situational information • Plan - state the best option & plan how you will justify & implement it • Act - implement your chosen option • Review - monitor effectiveness during & after implementation • P - Policy & Procedure • O - Officer Safety • L - Legislation • I - Investigation • C - Customer Service • E - Ethical Reasoning

What is 'professional distance'?

• The space that should be kept between the professional and personal relationship of two people • Breaches of Professional distance include; - FTO dating a Pro Constable during training - An assessor having sex with a student - A Police Officer getting a quote from a business they are currently investigating - A Police Officer asking a domestic violence victim for a 'date' during proceedings

Why have 'discretion'?

• Uphold the spirit of the law • Laws cannot conceive every situation • Community doesn't always want law enforced • A law breaker's intent is not always deliberate

What is 'Noble Cause Corruption'?

• Usually a violation of police processes (process corruption) • Aimed at an apparently "Noble" cause (usually the conviction of a serious offender) • Not undertaken for personal gain

Clause 20, NSW Police Regulation:

• You must report criminal conduct or other misconduct by another NSW Police Employee • You must participate in the resolution of any grievance you lodge • You must support colleagues who report criminal conduct or other misconduct by another NSW Police Employee • You will be supported and protected