❓ A WA parliamentary question on notice requests information on misconduct investigations within the Police, Fire & Emergency Services Authority (FESA), and Office of Road Safety for the 2008-09 financial year. The response details the number of investigations, their status, findings, and reasons for confidentiality.
AnsweredQoN 1847Legislative Council
QuestionView source ↗
For those Agencies under the Minister’s control, for the 2008-09 financial years can the Minister advise, -
(1) How many ‘appropriate authority investigations’ into alleged misconduct were conducted by Agencies under your control?
(2) Of the total, how many are complete?
(3) What was the finding from the investigation?
(4) Was a report done on each of those investigations?
(5) If no to (4), why not?
(6) Were these reports made public?
(7) If no to (6), why not?
(8) How many investigations are still ongoing/outstanding?
(9) What is the nature of the investigations?
(1) How many ‘appropriate authority investigations’ into alleged misconduct were conducted by Agencies under your control?
(2) Of the total, how many are complete?
(3) What was the finding from the investigation?
(4) Was a report done on each of those investigations?
(5) If no to (4), why not?
(6) Were these reports made public?
(7) If no to (6), why not?
(8) How many investigations are still ongoing/outstanding?
(9) What is the nature of the investigations?
AnswerView source ↗
Answered
21 April 2010
Responded by
Minister for Energy representing the Minister for Police
Response time
49 days
WA Police
(1) 1621
(2) 1596
(3)
581 - File Closed
43 - Complainant Unavailable
327 - Conciliated
42 - Exonerated
1 - False Complaint
2 - Filed for Intelligence
121 - Not Conciliated
165 - Not Sustained
249 - Sustained
39 - Unfounded
26 - Withdrawn
(4) Yes.
(5) Not Applicable.
(6) No.
(7) WA Police do not make public the findings of police complaint investigations; however the Corruption and Crime Commission provides a formal review function.
(8) 25
(9)
1 - Assault
6 - Information Security
1 - Conduct
2 - Corruption
3 - Death in Police Presence
1 - Neglect
3 - Professionalism
5 - Use of Force
1 - Procedure
1 - Service Delivery
1 - Suicide in Police Presence
FESA
(1) 13.
(2) 12.
(3)
3 - Unfounded - No further action;
2 - Proven - Counselled;
1 - Part proven - Warning;
3 - Proven - Sanction applied;
1 - Proven - Appeals Process
1 - Proven - Employment terminated;
1 - Proven - Resigned; and
1 - Investigation Open and ongoing
(4) Yes. All investigations conducted include final reports. However one investigation did not require a report as respondent resigned prior to completion.
(5) See above.
(6) No.
(7) Section 39 of the
Fire and Emergency Services Authority of Western Australia Act 1998
and Section 6
Privacy Act 1988
legislation restricts release of this information to the public and there are severe penalties for those who do disclose. In addition, procedural fairness and natural justice and the protection of individuals who make misconduct complaints also limit the release of this information into the public forum.
Personal information is defined in section 6 of the
Privacy Act 1988
as
'information or an opinion...about an individual...whose identity is apparent, or can reasonably be ascertained, from the information or opinion'
. {Agency} will ensure that, where appropriate, necessary and reasonable, personal information about an employee under investigation will remain confidential.
(8) One.
(9) The nature of the outstanding investigation is related to misconduct.
Office of Road Safety
(1) Nil
(2 - 9) Not Applicable
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(1) 1621
(2) 1596
(3)
581 - File Closed
43 - Complainant Unavailable
327 - Conciliated
42 - Exonerated
1 - False Complaint
2 - Filed for Intelligence
121 - Not Conciliated
165 - Not Sustained
249 - Sustained
39 - Unfounded
26 - Withdrawn
(4) Yes.
(5) Not Applicable.
(6) No.
(7) WA Police do not make public the findings of police complaint investigations; however the Corruption and Crime Commission provides a formal review function.
(8) 25
(9)
1 - Assault
6 - Information Security
1 - Conduct
2 - Corruption
3 - Death in Police Presence
1 - Neglect
3 - Professionalism
5 - Use of Force
1 - Procedure
1 - Service Delivery
1 - Suicide in Police Presence
FESA
(1) 13.
(2) 12.
(3)
3 - Unfounded - No further action;
2 - Proven - Counselled;
1 - Part proven - Warning;
3 - Proven - Sanction applied;
1 - Proven - Appeals Process
1 - Proven - Employment terminated;
1 - Proven - Resigned; and
1 - Investigation Open and ongoing
(4) Yes. All investigations conducted include final reports. However one investigation did not require a report as respondent resigned prior to completion.
(5) See above.
(6) No.
(7) Section 39 of the
Fire and Emergency Services Authority of Western Australia Act 1998
and Section 6
Privacy Act 1988
legislation restricts release of this information to the public and there are severe penalties for those who do disclose. In addition, procedural fairness and natural justice and the protection of individuals who make misconduct complaints also limit the release of this information into the public forum.
Personal information is defined in section 6 of the
Privacy Act 1988
as
'information or an opinion...about an individual...whose identity is apparent, or can reasonably be ascertained, from the information or opinion'
. {Agency} will ensure that, where appropriate, necessary and reasonable, personal information about an employee under investigation will remain confidential.
(8) One.
(9) The nature of the outstanding investigation is related to misconduct.
Office of Road Safety
(1) Nil
(2 - 9) Not Applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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