Annual Report 2017-2018 OmbudsmanNT
Tabled paper 934
Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT
2018-10-31
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https://www.legislation.gov.au/Details/C2019C00042
https://hdl.handle.net/10070/304663
https://hdl.handle.net/10070/363371
87 (b) the CRP is not focused on fault-finding or punishment. The CRP is a means of dealing with common complaints about practice, procedures, attitudes and behaviour. One of the aims of this procedure is to settle and finalise minor complaints without proceeding to formal disciplinary action against members. If some inappropriate conduct is identified, a member is advised / assisted by the CRP officer to correct the conduct; and (c) the informal resolution may be undertaken by the police officer taking the complaint or some other police officer, but not the police officer whose conduct initiated the complaint. 11.1 Ombudsman's Oversight The Parties acknowledge that in accordance with section 85 of the Act, the Ombudsman maintains a supervisory role for all CRPs. If the Ombudsman takes an action of the kind described in section 85(1), the Ombudsman agrees to consult with the Commander, PSC on the process to be taken to resolve the outstanding CRP to the satisfaction of all parties. 11.2 Categories of CRP Conduct The following categories of complaints can be dealt with as a CRP: (a) failure to: i) take a complaint seriously; ii) respond promptly during inquiries; iii) promptly attend the scene of a minor complaint; iv) return telephone calls; v) keep people informed of the progress of inquiries; vi) charge a person (in minor cases only, e.g. motor vehicle disputed); and / or vii) return property; (b) rudeness / incivility; (c) perception of a threat or harassment, subject to severity and nature of threat or harassment; (d) unreasonable treatment of a minor matter, e.g. matters where the police action appears appropriate and justified by law and the complaint arises from a misunderstanding of police powers, practices and procedures; (e) impartiality, e.g. allegedly taking sides with one of the parties in a dispute; (f) a complaint of police driving or parking behaviour which is not aggravated or is able to be reasonably explained; (g) a complaint made by a person who has an apparent mental dysfunction or is otherwise disturbed or obsessive and the complaint has either been made previously or appears, by its nature, to be without substance and consistent with the complainant's apparent state of mind; (h) a complaint concerning an incident of minor force associated with an arrest or other lawful police conduct. This may include jostling, pushing and shoving in the execution of duty without any intended features such as intimidation or attempts to obtain a confession but excludes unlawful assaults or unnecessary or unreasonable use of force; and/or (i) other such conduct as the Ombudsman and the Commander, PSC determine should be subject to CRP. 11.3 CRP Process The Parties agree that the CRP should be carried out in accordance with the following process. The OIC of a station / section / unit, being a member of or above the rank of Sergeant, is authorised to informally resolve minor CAPs. This officer will be acknowledged as the CRP Officer.