New South Wales Police Service
Code of Conduct and Ethics
http://www.cops.aust.com/docs/newcode.html
Commissioner's Foreward
Introduction
Statement of Values
Failure to Comply
Fair Treatment
Guide to Ethical Decision
Making
Reporting Corrupt Conduct
Criminal Convictions
Conflicts of Interest
Acceptance of Gifts or Benefits
Discrimination and Harassment
Offensive Language
Management
Drugs and Alcohol
Customer Rights
Limitation of Authority
Professional
Competency and Development
Private Conduct
Media Relations
Public Comments
Protecting Confidential
Information
Use of Facilities and
Equipment
Secondary Employment
Relevant Legislation
I consider this Code of Conduct and Ethics a cornerstone
for positive change and growth in the Police Service. Yet, on its own,
it will achieve very little unless
each of us takes full responsibility for our behaviour as it affects our
work and other people.
If we are to create a Police Culture free of the mistakes
and wrongs of the past, each of us must contribute from day to day, leading
by example and speaking out against unethical practices wherever they occur.
You are responsible for your actions and their consequences.
Honesty and integrity are very important and those who
operate ethically and in accordance with the Service's objectives will
be recognised.
For my part, I am committed to creating and maintaining
a style of management which listens and responds to the work related concerns
of all staff so each of you feels valued, respected and supported by the
Service.
This respect and support is fundamental to your ability
to trust that the Service will protect you against false allegations of
corruption, and will not punish honest mistakes.
The people of New South Wales have the expect Police Service
Officers, both sworn and unsworn, to work with efficiency, fairness, impartiality
and integrity.
Just as important, you have the right to a workplace free
of any form of harassment, unfair discrimination or fear. This requires
standards of behaviour of you and your colleagues which promote and maintain
confidence and trust among ourselves and the public in our services.
The purpose of this organisational code is to make explicit,
certain behaviours which are unacceptable for all sworn and unsworn officers
regardless of rank or grade, and to provide an ethical framework for your
decisions and actions. Such a framework recognises that it is not possible
to address all ethical questions you might encounter. For that reason,
you need to be aware of and comply with relevant legislation, this Code,
Police Service policy, guidelines and instructions as they relate to your
work, and you should seek additional advice from a person in authority
whenever you are in doubt about any matter.
Each member of the Police Service to act in a manner which:
-
Places integrity above all
-
Upholds the rule of law
-
Preserves the rights and freedoms of individuals
-
Seeks to improve quality of life by community involvement
in policing
-
Strives for citizen and police personal satisfaction
-
Capitalises on the wealth of human resources
-
Makes efficient and economical use of public resources, and
-
Ensures authority is exercised responsibly.
If
you fail to comply with this Code or any other lawful directive, you will
be asked to explain your actions.
Should your conduct be contrary
to the Code's requirements, and does not involve an honest mistake, you
will be subject to a range of management options or remedies up to removal
from the Service.
Where this Code conflicts with another
Police Service Instruction, policy or guideline, you are to comply with
the requirements of this Code. |
If you believe you have not been treated according to this
Code, you can request the circumstances of the case to be reviewed at the
next level of command.
Guide
to Ethical Decision Making |
When you are faced with a decision which poses an ethical
dilemma, you should consider, either alone or in consultation with your
supervisor or specialist adviser (eg Employee Assistance Program, Chaplain,
Peer Support Officer), the following questions:
-
Is the decision or conduct legal and consistent with government
policy?
-
Is the decision or conduct in line with the Police Service's
policy objectives and Code of Conduct and Ethics?
-
at will be the outcomes for yourself, your colleagues, the
Police Service, other parties?
-
Do these outcomes raise a conflict of interest or lead to
private gain at public expense?
-
Can the decision or conduct be justified in terms of the
public interest and would it withstand public scrutiny?
Reporting
Corrupt Conduct |
Corruption is deliberate deliberate unlawful conduct. Some
examples are the giving or taking of bribes, giving false evidence, falsifying
documents, mistreatment of prisoners in custody and gross abuse of authority.
Corrupt conduct is not about making honest mistakes which can be dealt
with through good management practices at the local level.
You must report suspected corrupt conduct, misconduct,
serious mismanagement or substantial waste of public resources. The law
prescribes that you can be guilty of corrupt conduct yourself if you fail
to report suspected corruption.
Depending upon the circumstances, you should report possible
corrupt conduct or unethical conduct to:
-
An officer senior in rank to you
-
A Professional Standards' Council in your command
-
The Commissioner
-
The Police Integrity Commission
-
Ombudsman
-
The Independent Commission Against Corruption.
Under the Police Service Act and the Protected Disclosures
Act 1994, you have certain protection from reprisals. There is also an
Internal Witness Support Policy and Program operating within the Service.
This program can ensure you are provided with assistance and support.
All managers and commanders must ensure you have the information
you need about internal reporting procedures, and will notify you about
any action taken or proposed in relation to the disclosure
If a criminal offence is proven against you in a court of
law, there is a presumption of removal from the
Service. Examples include offences such as dishonesty,
assault, unlawful access to or use of confidential information, supply
of illegal substances and driving under the influence of alcohol.
From 1 February 1997, all Police Service Officers will
be required to sign an acknowledgment they have received and read this
Code, and a conditional amnesty will exist for all prior convictions. These
convictions, however, will be referred to when considering discipline for
future breaches of the Code.
You must avoid any financial interests which could compromise
the impartial performance of your duties, and are to disclose any potential
or actual conflicts of interest to your manager or other senior officer.
Conflicts of interest might also occur where you have
personal beliefs or attitudes which could influence your impartiality in
performing your job.
Outside activities including studies and volunteer work
can pose a conflict if they adversely affect your ability to perform your
job.
If you have developed a relationship with people with
whom the Police Service is dealing, you must ensure this relationship does
not form an improper association.
If you are uncertain whether a conflict exists, you should
discuss the matter with your manager. In this way, there is a joint responsibility
to avoid or resolve the conflict.
All managers and commanders must actively resolve any
conflicts of interest involving their staff.
Acceptance
of Gifts Benefits |
You must never solicit a gift or benefit for yourself or
anyone else, and are not to accept any such gift or benefit in the course
of your duties regardless of value, other than in the circumstances specified
below. This includes times off-duty when the gift or benefit is or appears
to be associated with your employment with the Police Service. In this
way, there will be no circumstances where you might be, or might appear
to be, compromised.
If someone offers you a gift or benefit for any reason,
you should politely decline by explaining Service policy. This does not
mean you cannot accept an offer of light refreshment such as a cup of tea
or coffee.
You may, however, accept gifts of nominal value from another
organisation on behalf of the Service (or in situations where you believe
you would cause severe embarrassment to an individual by refusing) provided
it becomes the property of the Service or permission is given in writing
by your manager to retain the gift. In some cases, you might be asked to
return the gift. A register of gifts must be maintained by managers for
this purpose.
Donations to the Police Service in connection with recognised
charity events such as golf days are allowed provided appropriate records
are maintained for audit.
Other than meals and refreshment provided by other individuals
or organisations in the course of your official duties, you are expected
to seek reimbursement from the Service when you incur appropriate work-related
expenses.
Benefits such as free travel on trains for sworn officers
in uniform are permitted provided they follow a written standing agreement
between the Police Service and the organisation providing the discount.
In other words, a formal arrangement must exist and you must comply with
that arrangement.
Where goods, services, or cash are given to the Service
by any individual or organisation, in return for any benefit such as publicity
or recognition of the sponsor, you must comply with the Service's Sponsorship
& Endorsement Policy, 1996. Any other endorsement of commercial products
or services is prohibited.
Discrimination
and Harassment |
You must not discriminate against your colleagues or members
of the public for any reason including:
-
Gender
-
Physical appearance
-
Marital status
-
Pregnancy
-
Age
-
Race
-
Ethnic or national origin
-
Physical or intellectual impairment
-
Sexual Preference
-
Religious or political conviction
If you witness harassment or discrimination, you should do
something to stop it if possible and report it to your manager or other
senior officer.
Examples of harassment include:
-
Verbal abuse or threats
-
Unwelcome remarks, jokes, innuendoes or taunting about a
person's body, attire, marital status, sex, pregnancy, ethnic or national
origin, sexual lifestyle or disability
-
Displaying sexually suggestive, racist or other offensive
or derogatory material such as posters or cartoons
-
Physical intimidation
-
Practical jokes which may cause awkwardness or embarrassment
-
Persistent and unwelcome invitations, requests or intimidation
-
Leering and/or other offensive gestures
-
Persistent and unwelcome physical contact such as patting,
pinching, punching or touching.
Essentially, harassment is any behaviour which results in
a person feeling threatened, uncomfortable or unable to cope in their work
environment.
The use of obscenities or offensive s unacceptable when dealing
with members of the public or with other Police Service Officers.
Failure in this regard will result in remedial counselling
and if warranted, appropriate disciplinary action.
All managers and commanders are accountable work-related
needs of their staff and are expected to:
-
Keep staff informed of legislation which applies to them
and of the consequences if they fail to comply
-
Develop and instill corporate values as the cornerstone of
service and proper conduct
-
Treat all staff with honesty and courtesy.
-
In particular, managers and commanders must:
-
Inform staff of this Code of Conduct and Ethics
-
Provide an environment supportive of flexible work practices
and adaptable to staff needs both in and outside the workplace
-
Ensure equal access to training and development for all staff
-
Acknowledge and reward individual and team achievements
-
Develop and implement effective local corruption prevention
measures
-
Ensure staff create and maintain full and accurate records
documenting activities, incidents, decisions and reasons for them
-
Develop an understanding of the police service, its purpose
and corporate plan among all staff
-
Develop agreed, realistic goals for staff
-
Monitor their progress, ensuring any performance problems
are discussed and dealt with
-
Foster a learning ethic by offering development opportunities
and actively planning for these
-
Comply with all legislative, industrial and administrative
requirements of the police service
-
Take appropriate action against staff who fail to comply
with this Code and related standards of conduct.
You must not perform your job, work or undertake any Police
Service related activity if you are impaired by alcohol or other drugs
including those prescribed by your doctor. This includes training functions
and seminars. If you are off duty and impaired, you are not allowed to
visit the workplace.
We guarantee to provide a satisfactory level of service to
any person or organisation with whom or which we have contact: our customers.
if unsatisfactory service results from your failure to
be consistent with our standards of professionalism, courtesy, equity,
or any other factor under your control, you will be held accountable.
Customers have a basic right to have their questions answered,
be kept informed about matters involving contact with police, and to lodge
complaints.
You need to be aware of your responsibilities in relation
to the requirements of the NSW Government's Charter of Victims' Rights
which focuses on their entitlement to information and help.
Whatever your position, or act beyond the powers the law
and the Police Service gives
If you have the authority to use discretion in determining
any action, you must ensure the principle of reasonableness is applied
and you consider all circumstances.
Professional
Competency and Development |
The Police Service is responsible for the training and development
needs of its officers. You are responsible for maintaining your professional
competency and development.
Although the Service recognises honest mistakes do happen,
you should not act outside your level of competency and authority. If practicable,
you have a duty to consult your colleagues or supervisor if in any doubt
about how you should exercise delegated powers or fulfil duties.
Lawful behaviour while off duty is not of unless it brings,
or has the potential to bring, discredit to the Police Service.
All Police Service Officers have an obligation to act
and to be seen to act by the public in accordance with the spirit and the
letter of the law including the terms of this Code of Conduct and Ethics
whether on or off duty.
Any private activity which adversely affects your job
performance will be regarded as a work-related issue.
Specific legal obligations must be observed when releasing
information to the media. These include the protection of an individual's
right to privacy; the rights of victims and their families to a minimum
of stress; the rights of an accused to a fair trial.
If you have authorisation to speak to the media, you must
follow our published Media Policy (Instruction 52). This document indicates
the nature of information which may be released; the circumstances which
need to be considered; the level of authority necessary for releasing information.
Although you have the right as a private to make public comment
and enter into public debate on political and social issues, you may not
make or appear to make statements on behalf of the Police Service.
You may accept speaking engagements with professional,
educational and community groups relating to Police Service activities
if you have obtained approval. If you receive a fee for the engagement
(other than from approved secondary employment), it must be paid into an
appropriate Police Service account. You cannot retain the fee.
Protecting
Confidential Information |
You must not access, use or disclose any official information,
eg information kept on the Computerised Operational Policing System (COPS),
without proper authorisation or lawful reason. You will be liable for a
criminal charge and might be dismissed.
You must make sure confidential information cannot be
accessed by unauthorised people and sensitive information is released only
to people inside and outside the Service who have a lawful access need.
Use
of Facilities and Equipment |
Official facilities and equipment can be used only for private
purposes when official permission has been given. This might include short
private local telephone calls and limited use of facsimile equipment which
does not disrupt official work.
Permission for private use of Service vehicles needs to
be documented.
You must have approval before you engage in any form of employment
outside official duties. Police Service duties take precedence and secondary
employment will not be approved where there is actual or potential conflict
of interest.
The main legislation which applies to Police Service Officers
and their standards of behaviour are the Police Service Act, 1990, the
Police Service Regulation and the Public Sector Management Act, 1988. The
following legislation might also be relevant:
-
Police Integrity Commission Act, 1996
-
Anti-Discrimination Act, 1977
-
Independent Commission Against Corruption Act, 1988
-
Ombudsman Act, 1974
-
Protected Disclosures Act, 1994
-
Public Finance and Audit Act, 1983
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