4. Internally Raised Matters & Compliance Review

4.1. Members’ Obligation to Report Alleged Breaches of Code of Conduct involving other members

When members feel confident to report conduct within the organisation it indicates a robust and accountable system.  Members are empowered and obliged to report any member in accordance with our values and obligations, including those under Part 13 of the Tasmania Police Manual (TPM).


ORDER

A member who becomes aware of another member

  • committing a serious offence or crime; or
  • committing a breach of the Code of Conduct

must report the matter immediately to a senior officer.  The senior officer is to direct the informing member to register the matter on BlueTeam; or register it themselves.  Registration is to occur prior to the conclusion of duty that shift, unless the matter is able to be dealt with as provided for in Abacus 4.1.1 Discretionary Action for minor internally raised matters or victimisation/discrimination of police complainants


Members are reminded of the importance of confidentiality in all Abacus matters.

4.1.1. Discretionary Action for Minor IRMs

Supervisors and managers are not obligated to report breaches of the Code of Conduct for IRM1s.  These matters may be registered on BlueTeam by either the reporting member or the senior officer.  Even if not registered on BlueTeam the senior officer is to ensure the matter is managed appropriately.  If it is an IRM1 but involves repeated behaviours then it must be reported formally through BlueTeam.  It is important to deal with such issues in a timely manner and to ensure that CPD occurs as necessary.

Examples

  • Constable J’s dress and appearance does not comply with the standards set by the Commissioner as she has her hair in a ponytail. Sergeant Q speaks to Constable J in relation to ensuring her hair does not extend beyond the top of the collar.  Constable J apologises and undertakes to remedy the matter.  As this is an IRM1 and there has been no previous issue with Constable J, Sergeant Q does not need to report the matter on BlueTeam™.
  • Constable N is a highly-motivated member. He enjoys being ‘out amongst it’ and has a very high work ethic.  Unfortunately, he is tardy in submitting his paperwork.  He has been spoken to about the importance of finalising his reports in a timely manner – but has not improved.  Sergeant Z is aware that, if this were a one-off, it could be an IRM1.  As it is repeated conduct it must be an IRM2 and be formally reported.

4.1.2. Victimisation / discrimination of police complainants

Any victimisation of police complainants will not be tolerated.  Such behaviour constitutes a breach of section 42(12) of the Police Service Act 2003.  Any member becoming aware of victimising conduct must either register it on BlueTeam™ as a new matter, or report it to a senior officer.  Failure to comply with this will undermine the entire system.  In this instance, the reporting member can choose to make the report anonymously.  This can be done in a variety of ways – irrespective, the member will need to keep a record of when, where and how the matter was reported. This is essential should the member be required to demonstrate that they have complied with the TPM obligation to report a member breaching the Code of Conduct.

4.2. ‘Whistle-blowers’ – Alternative Complaint Mechanism

4.2.1. Public Interest Disclosure

Comprehensive public interest disclosure information for members (including the Public Interest Disclosures Lodgement Form) is available on the Tasmania Police public website.

The public interest is served when members are able to report improper conduct relating to matters of public importance and be protected in the process.  The Public Interest Disclosure Act 2002 was established to:

  • encourage and facilitate disclosures of improper conduct by public officers and public bodies
  • protect persons making those disclosures, and others, from detrimental action
  • provide for the matters disclosed to be properly investigated and dealt with, and
  • provide all parties involved in the disclosures with natural justice.

4.2.2. Protected Disclosure

A ‘protected disclosure’ is a report that is made in accordance with Part 2 of the Public Interest Disclosure Act 2002 and may attract protections which are given by Part 3 of the Public Interest Disclosure Act 2002 if it meets the threshold tests.  It can be made by any means and may be anonymous.  It is a report made from within Tasmania Police to the Commissioner about improper or corrupt conduct or maladministration (see below for further explanation).

Abacus - Protected Disclosure flowchart

Any disclosures under the Public Interest Disclosure Act 2002 may or may not be handled as an Abacus investigation.  Due to the protections provided, including anonymity provisions, these matters can be reported in many ways and do not have to be registered on BlueTeam.

Disclosures can be made to the Protected Disclosure Coordinator (the Deputy Commissioner), the Commissioner, or Ombudsman Tasmania. Disclosures may be made by members, or by Department of Fire, Police and Emergency Management (DPFEM) employees, contractors or former contractors. Disclosures relating to the Commissioner are to be made to Ombudsman Tasmania. These procedures are designed to complement normal communication channels between supervisors and members. Members are encouraged to continue to raise matters at any time with their supervisors.

The term ‘improper conduct’ is central to the rights under the Public Interest Disclosure Act 2002 and to the issue of whether a protected disclosure can be found to be a ‘public interest disclosure’.  Improper conduct is defined as:

  1. conduct that constitutes an illegal or unlawful activity; or
  2. corrupt conduct; or
  3. conduct that constitutes maladministration; or
  4. conduct that constitutes professional misconduct; or
  5. conduct that constitutes a waste of public resources; or
  6. conduct that constitutes a danger to public health or safety or to both public health and safety; or
  7. conduct that constitutes a danger to the environment; or
  8. misconduct, including breaches of applicable codes of conduct; or
  9. conduct that constitutes detrimental action against a person who makes a public interest disclosure under this Act – that is serious or significant as determined in accordance with guidelines issued by the Ombudsman  Tasmania.

The term ‘corrupt conduct’ means:

  1. conduct of a person (whether or not a public officer) that adversely affects, or could adversely affect, either directly or indirectly, the honest performance of a public officer’s or public body’s functions; or
  2. conduct of a public officer that amounts to the performance of any of his or her functions as a public officer dishonestly or with inappropriate partiality; or
  3. conduct of a public officer, a former public officer or a public body that amounts to a breach of public trust; or
  4. conduct of a public officer, a former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their functions as such (whether for the benefit of that person or body or otherwise); or
  5. a conspiracy or attempt to engage in conduct referred to in paragraph (a), (b), (c) or (d).

Further information on improper conduct is provided by Ombudsman Tasmania in their Guidelines and Standards for the Purpose of Determining whether Improper Conduct is Serious or Significant (No. 1/2010).

The Public Interest Disclosure Act 2002 provides protection to persons who make disclosures in accordance with the Public Interest Disclosure Act 2002.  It also provides for the matters disclosed to be investigated and rectifying action to be taken.  Section 19, Protection from reprisal, of the Public Interest Disclosure Act 2002 makes it an offence for a person to take detrimental action against another person in reprisal for a protected disclosure.  Detrimental action is defined under s3 of the Public Interest Disclosure Act 2002 and includes:

  1. action causing injury, loss or damage; and
  2. intimidation or harassment; and
  3. discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action; and
  4. threats of detrimental action.

4.3. Voluntary Disclosures

Members should have the confidence to voluntarily disclose any matter relating to their own conduct.  When mistakes are made or behaviour, actions or decisions fall short of expected professional standards, members are encouraged to be REAL about it.  Problems are best resolved if declared at the earliest time and this is in everybody’s interest, not least the member involved.  Furthermore, it demonstrates a commitment to our oath / affirmation and values.

Abacus - REAL poster

The method of reporting voluntary disclosures is through a Voluntary Disclosure Report on BlueTeam.  A manager receiving a voluntary disclosure is to recategorise the matter as appropriate.  In deciding managerial resolution (level 1 matters) or determination under section 43(3) of the Police Service Act 2003 (level 2 and 3 matters), due credit must be given to the member for making the disclosure voluntarily.  Depending on the seriousness of a matter, decisions on whether or not to issue a Determination Notice may be influenced by the fact that a member has voluntarily disclosed it.

4.4. Family Violence Involving Police

The procedures and orders under Part 2.5.3 of the TPM apply whenever members attend a family violence incident involving another member; or receive a family violence complaint against another member.

Members of Tasmania Police will be treated in the same manner as members of the public. All incidents will be recorded on the Family Violence Management System.


ORDER

Members who are issued with any order as the result of family violence who are in possession of any firearm, police issued or otherwise, shall immediately surrender that firearm, and may not resume possession of the firearm for the duration of the order.

Any application to vary any order involving members of Tasmania Police, which involves the variation or removal of the firearm condition, is to be made before a court of petty sessions.

It is the responsibility of the police officer subject to the order to notify the Deputy Commissioner of Police, through the chain of command, that they are seeking a variation of an order and to include the details of that variation


When Tasmania Police receives a report of family violence involving a Tasmania Police member, a Sergeant will attend the incident.

  1. If the matter is deemed to be a family argument / family information report, the attending Sergeant will ensure:
    • the incident is dealt with in accordance with the TPM and legislation
    • a FVMS family argument report / family information report is submitted
    • the Divisional Inspector is notified
    • the relevant Divisional Inspector is nominated as the validating supervisor for the FVMS report.
  2. If the matter is deemed to be a family violence incident, the attending Sergeant will seek the immediate attendance of a Duty or Divisional Inspector and fully brief them.
  3. The attending Inspector will:
    • have carriage of the matter
    • ensure the incident is dealt with in accordance with the TPM and legislation
    • ensure a FVMS report is submitted
    • ensure the matter is registered on BlueTeam.
      Where no offence, serious offence or crime is alleged, the BlueTeam entry is to be an ‘Information Only’ and the incident summary should contain a reference to the FVMS number. The FVMS will be the case management system for the matter.
    • ensure the District Commander is notified as soon as practicable.
  4. If an offence, serious offence or crime, or any breach of the Code of Conduct is alleged (e.g. assault, sexual assault, resist arrest, fail to comply with a lawful direction), the steps in point 3 (above) must be followed, and the attending Inspector will:
    • assess and categorise the matter in accordance with Abacus directions
    • ensure the BlueTeam entry is registered as a level 2 or 3 matter (noting that no Offence Report is required).
      If a complaint exists, it is to be categorised as a complaint 2 or 3.  If no complaint exists it is to be categorised as an IRM2 or 3.
  5. The District Commander will:
    • liaise with the Commander, Professional Standards regarding allocation of the matter for inquiry or investigation (either to the relevant district or to Professional Standards).
    • In cases where Professional Standards has immediate carriage of a matter they will make for, or oversee any applications for, a PFVO, IFVO or FVO.

4.4.1. Arrests of members of Tasmania Police

Any arrest of a member should be conducted by the attending Inspector, unless it is necessary in the circumstances to arrest the member immediately for the protection of any victim or affected child. In such case, all members are duty-bound to make the arrest.

4.4.2. Issue and Service of orders to members of Tasmania Police

A PFVO against a member of Tasmania Police can be issued and served by another member of the rank of Sergeant or above, or an authorised officer.  Where a member of Tasmania Police is subject to any order:

  • any authority given to them to access, use or carry any service weapon is immediately revoked
  • they must immediately surrender any firearms in their possession
  • they must immediately surrender any police-issue firearm or any firearm purchased for police purposes in their possession
  • any access to police firearms storage must be prohibited (key surrendered / code changed / swipe card disengaged).

4.4.3. Handling of evidence

Where there is an allegation of an offence, serious offence or crime against a member of Tasmania Police, attending members are to secure evidence in the first instance in accordance with standard crime scene attendance procedures. Witness statements and associated enquiries may be required to be taken by attending members. If Professional Standards is likely to have carriage of a matter, they should be consulted about task allocation in securing and collecting evidence.

Where photographs or electronic evidence is required by Forensic Services, there is no change to standard procedure, except that photographs of intimate body parts will not be uploaded to the Forensic Register. In such case, advice must be sought from Professional Standards.

4.4.4. Family Violence incidents and the Code of Conduct

Allegations of family violence need to be assessed on a case-by-case basis in relation to potential breaches of the Code of Conduct.

4.4.5. Reports required for Family Violence incidents involving a member

The following reports are required when a family violence incident occurs that involves a police officer.

Abacus - table of reports required for Family Violence incidents involving a member

4.5. Breach of the TPM and other Policies

Breaches of the TPM and other Tasmania Police or DPFEM policies are reported on BlueTeam™ as internally raised matters (IRMs).  Examples include breaches of the Commissioner’s Directions for Alcohol and Drug Testing, informant management procedures and information security policies.

4.6. Breach of Road Safety (Alcohol and Drugs) Act 1970

This section applies to incidents involving on-duty and off-duty members who return a positive roadside breath test or positive oral fluid test.  It is essential that in this situation the intercepting members understand their primary duty is to the law and their secondary duty is to other members’ welfare.  The intercepting members must ensure that all legal obligations (e.g. breath analysis) are complied with in the first instance.  As with any other offence, members are not to be treated differently to any other person.

Below are the steps to be followed in different situations.

4.6.1. Drink Driving

Where a member, on-duty or off-duty, returns a positive roadside test with a result greater than the prescribed concentration of alcohol (in any circumstance e.g. random, manner of driving or crash):

  • the intercepting member immediately notifies their supervisor (and the duty inspector to monitor the process); then
  • the parties return to a police station for the standard breath analysis process (a duty inspector should, where possible, be present to observe the breath analysis process. If the duty inspector is not available a supervisor should be present); then
  • if breath analysis is above the prescribed limit the member is charged then the reporting member registers the incident on BlueTeam as:
    • IRM2 (above prescribed limit but below 0.10)
    • IRM3 (0.10 and above; DUI; fail / refuse test)
  • and routes the entry to their supervisor and standard Abacus processes follow.  Professional Standards and the District Commander are to be notified.

If the breath analysis is below the prescribed concentration of alcohol and the member is off-duty there is no BlueTeam entry.

If the breath analysis is below the prescribed concentration of alcohol and the member is on-duty then a BlueTeam entry is to be made (for any reading).  Consideration is then to be given to further testing under the Commissioner’s Directions for Alcohol and Drug Testing.

4.6.2. Positive Oral Fluid Test

Where a member, on-duty or off-duty, returns a positive roadside test (in any circumstance e.g. random, manner of driving or crash):

  • the intercepting member immediately notifies their supervisor and the duty inspector; then
  • the parties attend a medical facility for the standard blood sample process. A duty inspector should, where possible, be present to observe the process. If the duty inspector is not available a supervisor is to be present; then
  • the reporting member registers the incident on BlueTeam™ as an IRM3 and routes the entry to their supervisor and the standard Abacus processes follow. Professional Standards and the District Commander are to be notified; and

If the member is on-duty then a BlueTeam™ entry is to be made. Consideration is then to be given to further testing under the Commissioner’s Directions for Alcohol and Drug Testing.

4.6.3. Indicative Actions Framework for Drink and Drug Driving

The actions outlined in this framework are indicative only.  The framework is intended as a guide to indicate the likely actions in the event that a member is detected drink driving or drug driving. Actions are not limited to those listed in this section.  Consideration may be given to a broad range of options which include section 43(3) Actions or removal or limitation from higher duties or internal / external courses.  Regardless of the indicated actions the Commissioner has the authority to determine what action will be taken including, in serious cases, termination of appointment.  Members’ rights of appeal to the Police Review Board do not change.

Where demotion is an indicated action, a reduction in remuneration may be considered in the alternative depending on all relevant circumstances and considerations.  Where the member is on or near the base level of remuneration, an alternative action may be considered.

4.6.3.1. On-Duty

Abacus - Indicative Actions Framework for Drink and Drug Driving - On-Duty

4.6.3.2. Off-Duty

Abacus - Indicative Actions Framework for Drink and Drug Driving - Off-Duty
Other considerations:

  • crash involving significant injury or significant damage
  • evading or attempting to evade apprehension
  • poor behaviour at intercept or subsequent processing
  • conduct history and service history
  • any other relevant circumstances.

4.7. Academic Misconduct

4.7.1. Defining Academic Misconduct

In a training and educational setting learning involves a genuine change in knowledge, skills and attitudes and requires ethical behaviour and hard work.  Training includes vocational knowledge, skills and attitudes; and education and personal development includes tertiary qualifications, conceptual and analytical skills.

Integrity is one of the values of Tasmania Police and the community expects honesty from its members.  Academic misconduct can take a number of forms.  It includes:

  • Plagiarism
    • Plagiarism is associated with any formal written work which is accompanied by a set of instructions and is assessed (e.g., essays, syndicate and individual assignments, research projects, in-tray reports).
    • Plagiarism can be unintentional or intentional. Intentional plagiarism occurs when a person deliberately or knowingly uses others’ words, ideas, phrases, without acknowledgement (citing or indicating the source).  Unintentional plagiarism can arise from:
      • an incomplete understanding of the conventions of academic writing within a formal training and education setting;
      • a lack of experience and the necessary underpinning knowledge, skills and attitudes to undertake written work within a formal training and education setting; and
      • inadequate research skills, such as not keeping correct details of sources of information and/or direct quotes.
  • Cheating
    • The practice of deception and acting unfairly or fraudulently. Within the police education and training environment, cheating refers to academic misconduct which occurs during written examinations and practical assessments.
  • Collusion
    • Acting with another person with the intention to deceive. This form of deception relates to when a person uses work that someone else has done previously as their own, either in full or in part, and with the original author’s permission. It can also include another person writing any part of a student’s work / assignment.
    • Collusion should not be confused with the sharing of ideas and information with others in a learning environment. The crucial aspect is that those ideas are not copied verbatim.

Academic misconduct does not allow learning to occur.  Plagiarism, cheating and collusion are all forms of intellectual theft and breach a number of provisions of the Code of Conduct: including the requirements to act with honesty and integrity, and care and diligence.

The Advice to Students on Academic Misconduct provides guidance on avoiding academic misconduct; information and procedures about TURNITIN software for detecting plagiarism and collusion.

4.7.2. Management of Academic Misconduct Allegations

Members should be aware that if an educational institution detects Academic Misconduct (e.g. the University of Tasmania), they will inform Tasmania Police of the circumstance.  If the Academic Misconduct is identified by Tasmania Police, Tasmania Police will notify the educational institution.  Tasmania Police acknowledges that the educational institution will take action in accordance with their Ordinances.

Academic penalties may include but are not limited to:

  • resubmission of assignment, with or without specific assessment requirements;
  • requirement to complete alternative or additional assessment task(s) commensurate with the purpose and level of the original assessment task;
  • resit alternative examinations;
  • deemed fail (Not Yet Competent) in the assignment
  • deemed fail (Not Yet Competent) in the qualifying process, course, or module / unit;
  • reduction or cancellation of academic marks allocated to the member;
  • formal counselling;
  • determination that the member is ineligible to sit examinations, undertake or continue a course or qualification process for a nominated period.
  • the exclusion of the student from UTAS, and suspension of their enrolment, permanently or for any period that the University thinks appropriate

Members should also be mindful that any suggestion of academic misconduct will be investigated internally and that there may be additional consequences for breaches of the code of conduct over and above academic penalties.

4.7.3. Breaches of the Code of Conduct

Allegations of academic misconduct must be registered on BlueTeam as IRMs.  Procedural fairness principles and members’ rights and obligations apply to allegations of academic misconduct, as with any other Abacus matter.  The standard procedure for categorisation also applies and the appropriate level must be selected (IRM2 or IRM3).  After reaching the IAPro ‘holding bin’ they will be allocated to a manager within the Education and Training Command or to Professional Standards.

These sections of the Police Service Act 2003 are relevant:

s42(1) A police officer must behave honestly and with integrity in the course of his or her duties in the Police Service.

s42(2) A police officer must act with care and diligence in the course of his or her duties in the Police Service.

s42(7) A police officer, in connection with his or her duties in the Police Service, must not – (a) knowingly provide false or misleading information; or (b) omit to provide any matter knowing that without that matter the information is misleading.

Where it is determined that a member has breached the Code of Conduct action may be taken under section 43(3) of the Police Service Act 2003.

4.8. Overview of Compliance Review

By its nature policing involves high risk activities.  Tasmania Police has long-established procedures for investigation and review of these matters.  Under Abacus the following types of incident must be recorded on BlueTeam:

Abacus - Compliance Review Matters table

Recording these incidents centrally on BlueTeam™ offers a streamlined, clearer reporting process for members; and case management capability.  It assists in identifying organisational learning and individual professional development needs through data analysis. Compliance review is essential for community confidence and is consistent with the Tasmania Police values.

The remainder of this chapter describes the various types of Abacus compliance review matters (unless they have been described elsewhere).

4.9. Use of Force

Police are endowed with many powers of coercion and control under various legislation and members are highly accountable for the exercising of those powers.  If members do not abide by legislation and policies relating to these powers they may be prosecuted.

4.9.1. Use of Force Reports and Flowchart

Part 10.1 of the TPM contains an order stating that an electronic Use of Force Report (UOFR) is required to be submitted when:

  • use of force results in the death or injury to any person;
  • where a firearm is drawn outside a firing range for the possible use against a person;
  • a firearm is discharged, outside of a firing range, including unintentional discharges; or
  • a less-lethal weapon/impact/takedown technique is used on a person.

Where a UOFR is required to be submitted in accordance with Part 10 of the TPM, members must register the matter on BlueTeam™. The Guide to Entering and Forwarding Electronic Use of Force Reports is available on the intranet and provides an easy to follow template for reporting. Part 10 of the TPM further states that all UOFR are checked by divisional inspectors.  This process ensures accountability and organisational learning – divisional inspectors must determine or comment on adherence to policy and orders; effectiveness and clarity of policy; and training deficiencies.

The Operational Skills Unit monitors all UOFRs to ensure that the application of force and the tactical force options used by members are appropriate and consistent with policy.  Some UOFRs may be identified as requiring further scrutiny.  Where compliance with policy has not occurred, it must be registered on BlueTeam™ as an internally raised matter (IRM) by the divisional inspector or the inspector with responsibility for the Operational Skills Unit.

4.9.2. Flowchart Summary

Abacus - Flowchart Summary

4.9.3. Reasonable Force and Member Claiming Self-Defence

The Operational Skills Unit has produced comprehensive guidelines[19] which include the following relating to use of force (paraphrased):

  • reasonable force is minimal and necessary
  • reasonable force depends on:
    • the situation
    • how the member views the situation (subjective test)
    • how others (or the average person) would view the situation (objective test)
    • case law decisions as to what is reasonable in comparable circumstances
  • other factors for consideration include:
    • age, gender and build of all parties
    • physical ability of all parties
    • prior knowledge
    • motivation
    • known diseases
    • known injuries
    • involvement of weapons
    • number of police involved
    • number of other people involved
    • location and geographical or environmental situation[20]

4.9.4. Excessive Force

Section 46 of the Criminal Code provides for self-defence and defence of another person:

46. Self-defence and defence of another person

A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.

Part 1.44 of the TPM (Use of Force) states that members are justified in using reasonable force in defence of themselves or any other person.  Members must only use force that is reasonable, necessary, proportionate and appropriate to the circumstances.

In determining whether or not force used is reasonable or otherwise, the inquirer / investigator and authoriser will be required to consider the circumstances both objectively and subjectively.

4.9.5. Consequences of Excessive Force including Prosecution

Members who are the subject of a complaint or UOFR resulting in a level 2 or 3 inquiry or investigation may be found to have breached one or more provisions of the Code of Conduct.  Consequently they may receive a Determination Notice and section 43(3) Action in accordance with Abacus.  They may also be charged with an offence such as common assault.

4.10. Firearm Discharge

All incidents involving the use of police firearms must be recorded on BlueTeam.  Different incidents have different reporting requirements, as shown below:

Abacus - Firearms Incident reports table

4.10.1. Police Shooting

Professional Standards will manage the investigation process and register a Compliance Review report on IAPro which will be linked to the UOFR and Firearm Discharge report in IAPro.  Members are directed to Part 10.9 of the TPM for further reporting obligations.

4.11. Deaths or Life-Threatening Injury in Custody

Specific directions for these incidents are contained in Part 7.4 of the TPM.  All incidents of life-threatening injury or deaths in custody must be registered on BlueTeam as a Compliance Review report.  Other reports should be submitted as applicable (e.g. where force is used). ‘In custody’ means:

  • in an institutional setting (e.g. police station, watch-house, police vehicles, etc.), or during transfer to or from such an institution, or following transfer from such an institution; or
  • during police action where members were in close contact with the person. These situations include, but are not limited to, searches, police shootings, escape from police custody; or
  • during police action where members did not have close contact with the person as to be able to significantly influence or control the person’s behaviour. These situations include, but are not limited to, sieges, a person committing suicide during police negotiations, and incidents where the member(s) were attempting to apprehend a person (e.g. pursuits).

Professional Standards will notify the Integrity Commission in writing as soon as possible following any incident that results in a death or life-threatening injury for accountability reasons, however the Integrity Commission has no role in any compliance review process.

4.12. Police Vehicle Pursuits

The Management of Police Pursuits and Authorised Follows are described fully in Part 14.14 of the TPM.  Pursuits are categorised at three levels, Pursuit 1, Pursuit 2 and Pursuit 3.

4.12.1. Pursuit 1

A level 1 pursuit requires no investigation and is deemed to have occurred when the initial assessment of the circumstances indicates there has been an authorised pursuit or authorised follow and there has been:

  • no injury to any person; or
  • no crash; or
  • no damage to any vehicle or property caused during the pursuit or authorised follow (excluding damage to tyres caused by deployment of Vehicle Immobilisation Device (VID); or
  • no breach of TPM order(s)

4.12.2. Pursuit 2

A level 2 pursuit is investigated in the relevant district and is deemed to have occurred when the initial assessment of the circumstances indicates there has been a pursuit (authorised or unauthorised); or a follow (authorised or unauthorised) and there has been:

  • a minor-moderate injury to any person (first aid only) caused during the pursuit or authorised follow; or
  • a minor crash; or
  • minor damage to any vehicle or property caused during the pursuit or authorised follow (excluding damage to tyres caused by deployment of VID); or
  • breach of TPM order(s)

4.12.3. Pursuit 3

A level 3 pursuit is investigated by Professional Standards Command (or as directed by the Deputy Commissioner) and is deemed to have occurred when the initial assessment of the circumstances indicates there has been a pursuit (authorised or unauthorised); or a follow (authorised or unauthorised) and there has been:

  • an injury to any person requiring hospitalisation or treatment by a doctor (other than first aid) caused during the pursuit or an authorised follow; or
  • a serious crash; or
  • more than minor damage to any vehicle or property caused during the pursuit or an authorised follow (excluding damage to tyres caused by deployment of VID); or
  • breach of TPM order(s)

4.13. Police Vehicle Crashes

The obligations of members, supervisors and managers in relation to police vehicle crashes are contained within Part 3.8.5 of the TPM.

All police vehicle crashes are to be recorded on the Traffic Crash Reporting System.  They are also to be entered in to BlueTeam.  All related documents and reports are to be attached and the matter referred to the responsible manager for review and routing to Professional Standards.  Professional Standards will release it from the IAPro ‘holding bin’ and then refer the Police Vehicle Crash report back to the District for finalisation.  In some circumstances Professional Standards may be required to undertake the investigation (e.g. pursuit 3 related crash).

4.14. Commissioner’s Directions for Alcohol and Drug Testing

The Commissioner’s Directions for Alcohol and Drug Testing fully describe the obligations of members, supervisors and managers in relation to alcohol and drug testing conducted under the provisions of Division 4 (Alcohol and Drugs) of the Police Service Act 2003.

Alcohol and drug testing can be random, targeted or serious incident related.  It is conducted by an independent service provider.  All alcohol and drug tests are recorded on IAPro.


Footnotes: 

[19] Operational Skills Unit ‘Operational Safety Tactics Manual v.4’, 30 March 2015 pp4-14

[20] Operational Skills Unit ‘Operational Safety Tactics Manual v.4’, 30 March 2015 p8