Code of Conduct

Performance Issues, Misconduct/Serious Misconduct and Criminal Charges

The Association currently provides (financial) legal assistance, where considered appropriate, to members facing issues that arise primarily out of their employment. This assistance needs to change to adapt to the new Code of Conduct processes. These changes will be progressive as the Code is “bedded in”.

The “old” system

Under the old system (i.e. before the Code of Conduct), both sworn and non-sworn members could make an application through their local committees when facing any criminal charge arising from their employment.  This was most often applicable to sworn officers who may, for example, face charges relating to use of their coercive powers (e.g. use of force resulting in an assault charge).

Sworn members also faced charges pursuant to the old Police Regulations, which often required a hearing before the Police Disciplinary Tribunal. Where appropriate, legal assistance was available to finance members’ legal representation at tribunal hearings.

Often a member received a “delegated authority” providing initial assistance at the outset of an allegation and prior to making a formal application for assistance.

Non-sworn members have never been subject to those Regulations and have instead been governed by a Code of Conduct.  This did not require any sort of hearing but followed similar processes to the private sector.  On most occasions Association staff or activists supported a non-sworn member through this process, or financial legal assistance may have been available where considered necessary.

This has now changed for conduct occurring post 1 February 2008 (and in some cases prior, where members have elected to use the Code of Conduct processes).

Disciplinary hearings where serious misconduct alleged

The changes introduced by the Code of Conduct mean both sworn and non-sworn members may now be required to attend a disciplinary hearing before a “Panel” member where conduct is  viewed as serious misconduct and is considered job threatening. 

These hearings, which will effectively replace the old Tribunals, are run along an Employment Relations model (i.e. inquisitorial not adversarial like a District Court hearing).  Members should never attend these hearings unrepresented.  If you are required to attend a disciplinary hearing your job is in jeopardy so it is important that you get proper advice.

Legal assistance may be available for both sworn and non-sworn members facing allegations of serious misconduct.  Association industrial/legal staff may represent you or an external lawyer may be instructed.  This will be a decision made at the discretion of the Association National Office depending on all the circumstances. 

Where necessary the “delegated authority” process for initial advice and representation will be used. Where an external lawyer is going to be instructed you will be asked to submit a legal assistance application form which can be obtained from your local committee chairperson or secretary, or from your local field officer or region director.  Any application will be subject to the Association’s Rules pertaining to legal assistance.

The Police Association Rules

The Association is an Incorporated Society.  It is bound by Rules determined by elected delegates at conference.  Any amendment to the Rules is made by resolution at Conference.  These Rules outline the grounds for granting legal assistance, with the Board (as your elected representatives) retaining a discretion in terms of a grant of legal assistance and the ultimate quantum of any assistance granted.

The Rules state that the Board may grant legal assistance where the matter giving rise to the charge/s arose out of a member’s employment with Police.  It may also be granted in any other case (i.e. where it is off duty or the conduct is outside the scope of your employment) where there are exceptional circumstances and/or the matter involves a principle of general interest to members.

The Board, having regard to the merits of each case, and the conduct of the member concerned, will determine whether legal assistance is granted the level of financial assistance.  The level will not be determined until the matter has been finalised, though if it is more likely than not that the grant will be less than 100% quantum will be signaled clearly as an issue. 

Where a member mis-presents their case in any way, it is probable assistance will not be granted or any assistance already granted will be revoked or alternatively the quantum of assistance provided will be minimal.  So that first your local committee and then the Board can make an informed decision it is important that you properly fill out your application.  You should attach any relevant documentation including relevant job sheets.  You should fully detail the allegations or charges against you. 

Criminal charges

All members, but Sworn members in particular, will still be subject to potential criminal charges relating to their employment.  Where that occurs the legal assistance system will remain largely the same. 

When your application has been considered by the Board and reasonable legal assistance has been granted, you can instruct any lawyer you choose. However the Association has a network of lawyers around the country who understand the Police disciplinary processes work, how our assistance programme works and generally charge a discounted hourly rate. 

Basically, your lawyer’s fees are your responsibility; although where legal assistance has been approved the Board will agree to meet at least a portion of your costs.  The Board will make a decision when the account arrives as to how much will be paid by legal assistance.  In most cases this will be 100%, but that largely depends on the circumstances.  The Board maintains discretion.

Disciplinary processes in employment - misconduct and serious misconduct

Where criminal charges are proven and even in some cases where they are not, there will also be an employment enquiry.  Unless the member elects otherwise, all criminal issues must be dealt with first before any employment processes commence. This will require that the member attend firstly an investigation meeting and then usually either a disciplinary meeting (where misconduct) or a disciplinary hearing (where serious misconduct).  In all cases you should be represented.  Please contact your field officer if any disciplinary issues arise.

Performance issues in employment

Some issues will be identified as performance issues (which are non- disciplinary) immediately.  Others may initially appear to be potential misconduct matters, which after investigation, are shown to be performance issues. 

These matters will require you to attend a performance meeting and may result in a performance improvement plan being implemented.  You should be represented in these meetings too.  We would expect that a field officer or local representative would support and assist you with any performance related matters.

First steps: What should you do if your employer raises an issue with you ?

If you are notified that an issue exists, whether that is potentially criminal, performance or misconduct, do not respond in any way.  Get any paperwork provided.  Do not attend any interview or meeting without obtaining advice first.  You should not be pressured to attend and should be advised of your right to representation or support.  Please note we do not recommend that you take your partner or a parent as your support person unless you have obtained proper advice beforehand.

Immediately contact your local representative or field officer.  If your field officer does not answer the phone, leave a message; they are busy but they will get back to you!

Private prosecutions & civil claims

These types of claims represent a growing dimension to policing.  Increasing numbers of members are subjected to civil claims or private prosecutions where a member of the public lays an information alleging criminal conduct by a member of police.  These generally relate to alleged conduct of a sworn officer while executing his or her duties.  They often name a number of individual officers as well as the Attorney General.

The claimants are often self-represented.  The Court process is lengthy and these types of claims are stressful and emotionally draining for the members concerned.

If you are served with any documentation purporting to sue you or charge you for actions undertaken in the course of your duty please notify your supervisor and then your field officer immediately.  Legal assistance will generally be available for you in these situations.

The way forward

The way in which legal assistance is determined will need to be amended depending on how the Code of Conduct rolls out.  This will largely depend on the number of matters proceeding to a disciplinary hearing and how funds are best utilised to the benefit of all members.  This page is intended only as a guideline to the current practices being applied.  That may change.  Any changes will be published on the website.