Transcript Glynnis Lapham ( PPT 712k)

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 Resources
Command
•
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
Case Study
• 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
• Later established “A” concerned that her
identity would be known by both “Z” and
social network.
Confidentiality is a concern for
majority 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 advice
available 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.
Case Study
• 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
• 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
Case Study
• 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 the
process – back door of Court
court
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
Case Study
• 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
• 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