COMMUNICATIONS ADPP

5 human rights never justifiably breached by Police APART

1. Arbitrary arrest and detention (Article 9) 2. Presumption of innocence (Article 11) 3. Arbitrary interference with privacy, family, home or correspondence, nor attacks upon honour or reputation (Article 12) 4. Right to a fair trial (Article 10) 5. Torture and cruel and degrading treatment or punishment (Article 5)

Three broad influences on conflict between police and young people

1. Social background of young people 2. Constriction of social space 3. Political and occupational pressure on police

MORAL VUNERABILITY

A police officer's morals, or sense of what is right and wrong, is vulnerable and susceptible to eroding. A police officers' morals can be eroded over time because the job requires them to: • Use morally problematic means • Keep company with people who are morally corrupt • Endure a high number of lose-lose policing situations • Be around people who use and sell illegal drug

Social inequality

A structure divided by social standards e.g. age, gender, ethnicity, level of education occupation and where they live.

Conflict Resolution Model

ASSCA · Ask them to comply · Set context - explain why they need to comply · Set options - negotiate compliance (give options and some sense of control, determine what is important to the person and what they can lose in this situation) · Confirm action to be taken and give final chance to comply · Action - take appropriate action

Cultural Competency

Acquisition of the knowledge and skills required to effectively and appropriately operate within a culturally diverse environment

Noble Cause Corruption

Acting for greater good, not for personal gain · corrupt act is undertaken without thought of personal gain, but to get the job done. · Doing the wrong thing for an apparent right reason

PUBLIC INTEREST

Acting in the public interest means carrying out official duties and responsibilities for the benefit of the public, in a fair and unbiased way, and making decisions that aren't affected by selfinterest, personal values, private opinions, afflictions or the likelihood of personal gain or loss

Process corruption:

Acting to gain some form of personal gain · Mens Rea differentiates this from Noble corruption. · Processes of the organisation are interfered with during the administration of justice Wrong thing for the wrong reasons (plant evidence, perjury, verballing, excessive use of force etc.) · personal gain: to be seen as getting the job done, monetary, revenge, pride, recognition, promotion, etc. Doing the wrong thing for the wrong reason.

CONFLICTS OF INTEREST APP

Actual Exists between official duties and private interests Perceived could be seen as improperly interfering with official duties Potential future possibility of interfering with official duties

duty of care

All reasonable steps must be taken to avoid an act or omission which might harm another · Legal obligation · Avoid harm being caused to another person Accountability for people in custody

Define MisconducT

An intentional breach of NSWPF policy, guideline or a legislatively based duty or requirement

Vilification

Any public act that could incite others to: o hate or, o have serious contempt for or, o have severe ridicule of A person or group based on their: o actual or perceived race or, o sexual orientation

NSWPF Policy - Code of conduct & ethics BKCONTRACT

B - Behave honestly and in a way that upholds the values and the good reputation of NSWPF whether on or off duty K - Know and comply with all policies, procedures and guidelines that relate to their duties C - Comply with the law whether on or off duty O - Only access, use and/or disclose confidential information if required by their duties and allowed by NSWPF policy N - Not make improper use of their position or NSWPF information or resources T - Treat everyone with respect, courtesy and fairness R - Report the misconduct of other NSWPF employees A - Act with care and diligence when on duty C - Comply with any lawful and reasonable direction given by someone in NSWPF who has authority to give the direction T - Take reasonable steps to avoid conflicts of interest, report those that cannot be avoided and co-operate in their management

NSW Customer Service Guidelines Key Actions

Benefits of improved customer service Victim/Witness follow-up Dealing with a difficult customer Telephone and message enquiries Front counter enquiries/ First point of contact Attending an incident enquiry Public image/Professionalism

Parts of the radio

Body • Antenna • On/off/volume switch • Channel display • Talk button • Battery

Policies and legislation associated with conflicts of interest

Code of Conduct & Ethics • Secondary Employment Policy & Procedures • Declarable Associations Policy • Interpersonal relationships • Improper Use of Resources • Email Policy

Corruption avoidance strategies

Command Management Framework (CMF) • Corruption Resistance Plans (CRP) • Career Management Scheme (CMS)

CHARTER OF VICITMS RIGHTS

Courtesy, compassion and respect 2. Information about services and remedies 3. Access to services 4. Information about investigation of the crime 5. Information about prosecution of accused 6. Information about trial process and role as witness 7. Protection from contact with accused 8. Protection of identity of victim 9. Attendance at preliminary hearings 10. Return of property of victim held by State 11. Protection from accused 12. Information about special bail conditions 13. Information about outcome of bail application 14. Victim impact statement 15. Information about impending release, escape or eligibility for absence from custody 16. Submissions on parole and eligibility for absence from custody of serious offenders 17. Compensation for victims of personal violence 18. Information about complaint procedure where Charter is breached

Human Rights Police can breach DAMS

DAMS 1. Deadly Force: - (Article 13) Violation of the right of life 2. Arrest: - (Article 3) Violation of right of liberty 3. Move along direction: - (Article 13) Violation to right to freedom of movement (Article 13). 4. Searching: - (Article 12) Violation to the right of privacy

POLICE CORRUPTION

DELIBERATE UNLAWFUL CONDUCT WHETHER BY ACT OR OMISSION FROM A MEMBER OF NSWPF UTILISING HIS OR HER POSITION WHETHER ON OR OFF DUTY AND EXERCISE POLICE POWERS IN BAD FAITH

Vulnerable

Defines somebody as being: Defenceless in front of potential risks Capable of being physically or emotionally wounded Open to attack or damage Assailable

Corruption Resistance Plans (CRP)

Designed to address high risk issues within the local area • These plans exist at various levels in the organisation: State, Region, LAC and Unit • They are 'living' documents that are updated regularly Career

Diversity

Diversity takes many forms - age difference, race, gender, physical ability, sexual orientation, religion, language, background, professional experience, skills, specialisations, values, cultures, social class

CALD COMMUNICATION BEHAVIOUR

Don't shout • Be direct • Give any instructions in a clear, logical sequence • Use relevant vocabulary • If you don't understand something, ask • Use any form of communication you can • Make sure you are understood • Avoid jokes which leave out the client

Ethnicity

Ethnicity is associated with a sense of people hood - a sense of closeness to others which is symbolised by the sharing of a common marker· Physical · Linguistic · Behavioural or cultural · Environmental

ACTIVE LISTENING TECHNIQUES FAMA

F - Focus on speaker A - Aim for complete understanding of speaker's point of views M - Management of jargon A - Attending skills

Benefits of Improved Customer Service GLIMP

GREATER RECOGNITION OF POLICE STAFF LOWER COMPLAINT RATES INCREASED PUBLIC CONFIDENCE MORE EFFICIENT COURT PROCEEDINGS POSITIVE IMPACT ON CRIME RATES

Appropriate discretion HABIT

Has consistency Applied in good faith Based on rationality Ignores irrelevant facts Takes account of relevant facts

Role of Police when dealing with homeless people

Homeless person should be left alone unless they/their: · Request assistance, · Appear distressed/in need of assistance, · Threaten theirs or others safety through behaviour or location of shelter · Behaviour is likely to result in damage to property or the environment, · Child who appears to be under the age of 16, · Young person who appears to be 16 to 17 years old who may be at risk of significant harm, or · Child or young person who is in the care of the Director-General of the Department of Family and Community Services or the parental responsibility of the Minister for Family and Community Services. (Extract from Protocol for Homeless People in Public Places). However, the Protocol does not prevent police from taking appropriate action where health or safety is at risk or a breach of peace or unlawful behaviour has occurred, (Homelessness, NEW SOUTH WALES Police Force Handbook).

Culture

Integrated pattern of human behaviour of a racial, religious, ethnic or social group that includes: · Communications · Actions · Thoughts · Values and institutions · Beliefs

Command Management Framework (CMF) (PPP147)

Is a risk based, self-assessment system for use on a daily basis (by you) • It requires inspection and auditing based on the needs of each individual Command • All staff are involved, rather than an external team of auditors

Aboriginal / Torres Strait Islander (ATSI) (MIA)

M - Member of the Aboriginal / Torres Strait Islander race I - Identifies as a Aboriginal / Torres Strait Islander A - Accepted by the Aboriginal / Torres Strait Islander community as one

CONFLICT MANAGEMENT ROLES 4 ROLES

MEDIATOR (ACTS NEUTRAL) NEGOTIATOR (COMPROMISES) FACILITATOR(REFERS TO, SUGGESTS) LAW ENFORCER (ENFORCES THE LAW)

S. 6 PA - Roles, missions and functions of police MUPPP

Maintaining order Upholding and enforcing the law Protecting life and property Preventing and detecting crime Providing social services

4 TYPES OF LISTENING MEAN

Marginal listening Evaluative listening Active listening Non-listening

MAIN REASON FOR CORRUPTION MCGSCUMS

Moral ambiguity of policing methods Cynicism Groupthink Sisyphean nature of policing Conflicts of interest Unfair distribution argument Moral corrosiveness of the job Slippery slope argument

VUNERABLE PERSONS PANIC

P - Physical impairment (physical disability) A - Aboriginal or Torres Strait Islander N - Non-English speaking background I - Intellectual impairment (mental disability) C - Child under 18 years of age

Barriers of communication

Physical e.g. noise and police uniforms • Emotional e.g. when personal feelings are overwhelming • Behavioural e.g. when intoxication impairs communication

Protection from personal liability

Police Act 1990 S.213 A member of the NSW Police Force is not liable for any injury or damage caused by any act or omission of the member in the exercise by the member in good faith of a function conferred or imposed by or under this or any other Act or law (whether written or unwritten

POLICE LEGITIMACY TOME

Police legitimacy is based on views about the way police treat individuals Trust and confidence Obligation to obey Moral alignment Ethical exercise of authority

STEREOTYPES

Preconceived judgements or assumptions based on an individual's identity, or group membership Inhibit decision making • Inaccurate views and opinions • Pre-conceived notions • Close-minded attitude

PRIMARY VICTIMS

Primary: · Someone who has suffered physical or emotional harm o Actual or physical bodily harm o Psychological or psychiatric harm o Property damaged or destroyed or taken

Private interests

Private interest can include: • Social interests • Community interests • Professional and business interests and; • People and groups with which you associate (Friends, relatives, associations/businesses

Procedural justicE NRTV

Procedural justice is linked to public judgements about the fairness of the process through which police make decisions and exercise authority Neutrality Respect Trustworthiness Voice

Victim care (PEPS)

Provide duty of care Explain process Provide victim card Seven day follow up

RESPONSE Mmemonic

R - Respect E - Empathy S - Supportiveness P - Positiveness O - Openness N - Non-judgemental attitude S - Straightforward talk E - Equals (speak as equals while talking to each other)

RACE

Race is described as a social construct · However, there is such thing as racism - behaviours based on prejudgement of a groups or community

Define risk management

Risk management systems are in place with the NSWPF to address many corruption-related issues before they occur in order to make the force more resistance to corruption

SELF Test

Scrutiny Would your decision withstand scrutiny by the community and the NSW Police Force? Ethical Is your decision ethical and consistent with the Statement of Values, Oath of Office and the Code of Conduct and Ethics? Lawful Does your decision comply with all laws, regulations and policies? Fair Is your decision fair to your colleagues, community and family

Threat

Something that can cause danger to yourself or partner · a person, or thing likely to cause damage or danger, although identified, unable to control

Career Management Scheme (CMS)

The CMS encompasses the performance management scheme for the NSWPF • Perform management for probationary constables is achieved through Duty Books in ADPP Sessions 3, 4 & 5.

Negligence

The breach of a duty owed by one person to another, a duty to take care, to do the thing a reasonable prudent man would do or would not do · Negligence is simple neglect of some care which we are bound to exercise towards someone

Discrimination

When someone is treated unfairly because they happen to belong to a particular group of people or have a particular characteristic.

Conflict of Interest

When the private interests of a NSWPF employee interferes or influences their official duties and responsibilities 2. When a person uses their official status to influence private interests

Risk

a likelihood/possibility of a harm · possibility of harm or damage against a person or thing

Prejudice

preconceived opinion that is not based on reason or actual experience · dislike, hostility, or unjust behaviour deriving from preconceived and unfounded opinions: accusations of racial prejudice. · natural stereotyping that we are all subject to in the ways that we perceive other individuals simply by the observance of the groups or cultures that they belong.

CALD DESCRIPTORS

· Aboriginal/Torres Strait Islander appearance · African appearance · Asian appearance· Caucasian appearance ·Mediterranean/Middle-eastern appearance · Pacific Islander/Maori appearance· South American appearance · Sub-continental appearance

Discretion

· Acting to your own judgement wherever your authority leaves you free to do so, that is, whenever you are free to make a choice amongst lawful options · Choosing from a range of lawful alternatives · Enabled through original authority

Dealing with difficult customer ALT

· Always remain calm, polite and professional · Listen to and acknowledge customer enquiries · Tell the customer when no further action can be taken and why

Things to avoid when delivering Death message SPUD

· Being sympathetic · Don't deliver in public · Using words like mortally wounded or fatally injured · Don't give details of death

Key Communication Strategies - BEEAA

· Build rapport · Empathy · Effective questioning · Active listening · Assertiveness

4 Documents that relate to ethical policing COMS

· Code of conduct and ethics · Oath of office · Mission and functions · Statement of values

Why have discretion? CULL

· Community don't always want the law enforced · Uphold the spirit of the law, not just the letter of the law · Laws cannot conceive of every situation · Law breaker's intent is not always deliberate or evil

Characteristics of Assertiveness CONN

· Contentious · Open · Not anxious · Not intimidated

Attending an incident enquiry

· Ensure victims receive an event number and a victim's card · Ensure victim follow-up within seven days

Front Counter Enquiries

· Ensure victims receive an event number and a victim's card Use interpreter or disability services, where appropriate · Ensure initial victim follow-up occurs within seven days and that all ongoing follow-up complies with the Charter of Victim's Rights · Try to resolve the customer's matter at the first point of contact. · People with a disability may have difficulty with access or communication, so be flexible to their needs

Telephone Message Enquiries

· Ensure victims receive an event number, where appropriate · Ensure messages are followed up · Use interpreter services and the TTY (text telephone) number, where appropriate · Try to resolve the customer's matter at the first point of contact

Rules of Assertiveness HERB

· Honesty · Equality · Relevant · Bottom-line

NSW Police Minimum Victim Standards I PICK REEL

· Information about being a witness · Provide victims card · Information about support services · Consider their safety · Keep them informed throughout the process · Right to make victim impact statement · Explain the legal processes of the matter · Encourage them to make contact · Look after their property if needed as evidence

SECONDARY VICTIMS

· People who have witnessed offence, or family or friends of a primary victim o Immediate family o Witnesses o Police officers Emergency/support/health services

S. 7 PA - Statement of values PUMPSECS

· Places integrity above all · Upholds the rule of law · Makes efficient and economical use of public resources · Preserves the rights and freedoms of individuals · Seeks to improve the quality of life by community involvement in policing · Ensures that authority is exercised responsibly · Capitalises on the wealth of human resources · Strives for citizen and police personal satisfaction

Customer Service Charter Guidelines (PITA)

· Professional and helpful · Informed through the whole process · Take appropriate action · Accessible to everyone in the community

Victim Care SEEC

· Seven-day follow-up · Ensure victim/witness receives victim card and event number · Ensure when matters become cases the victim is kept informed Comply with charter of victims rights

Original Authority

· The power given to a police officer by Oath of Office to utilise discretion to the best of their judgment · Original authority enables discretion, and no one can tell you to exercise your powers. · You do not have to exercise powers according to higher authority and you are held accountable for your actions

Risk of conflict of interest

· interpersonal relationship · secondary employment · declarable associations

Managing Conflicts of Interests ICRAM

•I - Identify the conflict •C - Cooperate in the Management of the conflict •R - Report the conflict •A - Avoid the conflict (where practical) •M - Monitor the conflict until it is resolved with your manager/commander