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Internal Witness Support Policy & Program Presented by Chief Inspector Glynnis Lapham Manager Internal Witness Support Unit. (02) 92656567. Internal Witness Support Unit. NSW Police H uman Resources C ommand 8 P olice, 1 A dministrative officer 5 P ositions dedicated to case work
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Internal Witness Support Policy & Program Presented by Chief Inspector Glynnis Lapham Manager Internal Witness Support Unit. (02) 92656567
Internal Witness Support Unit • NSW Police Human ResourcesCommand • 8 Police, 1 Administrative officer • 5 Positions dedicated to case work • Clear separation from investigation of complaint
NSW Police Annual Report 2003/4 • 2,221 internal complaints lodged • In 2003 – IWSU assessed 140 complaints- met Program criteria • 43% agreed to participate, 57% declined • Variety of reasons for declining – main reasons - sufficient support in workplace/no concerns regarding reporting.
Criteria for Program • includes corruption and serious misconduct complaints • matters that could lead to evidence being given in judicial proceedings (criminal and/or industrial) • not only complainant but other employees who support allegation being investigated (likely witnesses in judicial proceedings)
Obligation under Clause 20 Police Regulation 2000 for police • to report on criminal offence or other misconduct by police: • conduct sincerely believed to be so • All employees – obligation through: • Code of Conduct and Ethics
Majority of internal complaints notified to IWSU electronically • Assessment made on information received at that time. • Re-assessment if required
April 1997 - female officer “A” reported anonymously on suspected drug use/possession by another female officer “Z”. • “A” met her obligation to report – Clause 20 Police Regulations • IWSU not aware of “A” at that time - anonymous complaint • Organisation has facilities available to report anonymously Case Study
Case Study • Later established “A” concerned that her identity would be known by both “Z” and social network. • Confidentiality is a concern formajority of iws • Legislation in Police Act and Protected Disclosures Act relating to confidentiality
Case Study • Matter investigated by Internal Affairs - search warrant executed and “Z” charged with possess and use drugs in September 1997. • “Z” suspended from workplace when charged criminally - appear at court in mid December 1997.
Case Study • Some time after Sept 1997 - “A” disclosed to new civilian partner her role in reporting “Z”. • Relationship between “A” and civilian finishes and civilian tells another police officer of “A’s” role in reporting “Z” for drug matter. • “Z” learns through social network.
Case Study • Early December 1997 - “Z” contacts “A” by telephone – says that she will ‘have it out with her’ after court. • “A” concerned that “Z” knows of her involvement - goes to her Local Area Commander with concerns and IWSU notified. • Referral can also occur this way
Case Study • “A” accepts offer for IWSP. • Nominates 2 officers in her workplace as Program ‘support officer/mentor’. • Program encourages nomination of workplace mentor/support officer
Case Study • Threat assessment by LAC - low threat - arrangements made for surveillance of “Z” after court appearance. • Threat assessments are responsibility of workplace Commander – not IWSU
Case Study • “A” referred to psychologist for clinical supervision and to Healthy Lifestyles Branch for assessment • EAP/Healthy Lifestyles adviceavailable to all employees
Case Study • 16 December - “Z” appeared at court re drug matters – dismissed. • Nothing untoward at court. “A” informed of result – threat level remains low - no real concerns re “Z”.
Case Study • 26 December - “A” socialising in city hotel. • “Z” speaks with “A” and appears friendly – invites her outside to talk privately.
Case Study • Outside hotel “Z” verbally aggressive to “A” who walks away. • “Z” physically assaults “A” – punches to back of head, torso, face – bruising, swelling, abrasions, temporary loss of hearing.
Reported to IA – investigated • “Z” charged with Assault OABH on 29 December. • “Z” served with dismissal order from NSW Police in January 1998. • IWSU case officer assists “A” - takes statement, supports “A” through medical appointments, photos of injuries, regular contact re welfare Case Study
January 1998 - home address of “A” known to “Z”. • IWSU assisted “A” with funding of bond and removalist costs to new premises • Suppressed RTA and Personnel details of “A” • Tangible assistance to IW – case by case basis Case Study
Case Study • Investigators also considered charges of Detrimental action (Section 206 Police Act/Section 20 Protected Disclosures Act) • Insufficient evidence to proceed • To date only one successful prosecution of Section 206 Police Act - detrimental action
April 1998 - “Z” pleaded guilty to Assault OABH - received suspended sentence • Media present at court – non-publication order not applicable. News article re the matter – upset“A” and family as sexuality of parties was highlighted. • IWSU support IW through thecourt process – back door of Court Case Study
Case Study • May 1998 – GOI declined “A’s” injuries as work related • Police Association asked IWSU for assistance • Manager provided supporting report that “A’s” injuries directly related to complying with Cl 20 Police Regs.
Case Study • IWSU file notes invaluable to both officers and organisation – provide chronological history of matters for future reference • Used in Workers Compensation, FOI, litigation matters
Case Study • February 1999 – deregistration of “A” from Program. • Exit interview – praised Program for support she received. Agreed to participate in external research project • Exit interview and research highlight successful and unsuccessful aspects of Program – continuous improvement
Address media exposure – papers submitted to have Acts amended to include non-publication order. • Recommendation of Committee reviewing the Act. No amendment at this time. • IWSU - successful in having other amendments to Police Act to strengthen protections for complainants Case Study
Case Study • Recognition system – “A” formally recognised for integrity by current Commissioner – notation on her service history. • Recognition procedures in place since 1998 - in response to Royal Commission recommendation
Case Study • Result - • NSW Police has retained the services of an ethical officer - “A” still a serving police officer – due in no small way to support received from IWSU and support personnel • “Z” dismissed from NSW Police