Police Instructions Policy.pdf

Police Instructions Policy

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Table of Contents
3
Policy statement and principles
5
What
5
Why
5
How
5
Police Manual
5
Local Orders
5
Agreements
5
Delegations
6
Stewardship and control
6
Police Manual
7
What is the Police Manual?
7
Police Instructions compliance
7
Who authorises sections of the Police Manual?
7
Who publishes chapters and sections of the Police Manual?
7
When do chapters of the Police Manual expire?
7
Developing a new chapter or changing existing chapters
8
Reviewing existing Police Manual chapters
10
Actioning review requests
11
Extensions of review dates
11
Managing and publishing an approved chapter of the Police Manual
11
Cancelling a chapter of the Police Manual
12
Local Orders
14
What are Local Orders?
14
Criteria
14
Police Instructions team advice and review must be sought
14
Developing a Local Order
14
Reviewing and amending a Local Order
16
Extensions
16
Escalation process
17
Cancelling a Local Order
17
Publishing
17
Incorporating the PHPF when developing and updating Police Instructions
19
Benefits
19
Definitions
19
Principle‐based policy
19
Good practice
19
Police Instructions
19
Risk
20
SELF CHECK
20
Lessons learned
20
Making the shift
20
Characteristics of principle‐based policy
20
Empowering
21
Good practice
21

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21
Prescription
21
Compliance
21
Risk based
21
Example of PHPF application
21
Police Instructions team assistance
22
Quarterly reporting and escalation process
23
Quarterly reporting
23
Escalation process
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Policy statement and principles
What
‘Police Instructions’ (PI), published on the Police Instructions intranet site, consist of the following:
‑ Police Manual (policy, general instructions and other guidance applying to all employees ‐ ‘national
policy’ or Police Manual ‘chapters’)
‑ Local Orders (district specific policy, instructions and guidance ‐ ‘district policy’)
‑ Agreements (interagency agreements ‐ both national and international)
‑ Delegations (delegated authorities issued or of interest to Police employees).
The Commissioner (or delegate) issues all national policy for Police employees via the Police Manual as
outlined in ‘How’ below.
(s28 and s29 Policing Act 2008)
District Commanders or an Assistant Commissioner (Districts) issue Local Orders ‐ i.e., district policy.
Police employees must obey and be guided by the content of the Police Manual and by Local Orders
published on the Police Instructions intranet site.
(s30(1) Policing Act 2008)
Why
Police Instructions:
‑ provide the single point of truth to guide and direct Police employees in each of their roles and to
enable employees to deliver enhanced outcomes
‑ ensure that Police can confidently produce when required, archived copies of instructions and
guidance previously in force and show how and when they were changed.
How
Police Manual
Directors and other senior managers approve and issue national policy and guidance in the Police Manual,
on behalf of the Commissioner, and “own” the content of those that fall within their group portfolio
responsibilities.
Local Orders
District Commanders and Assistant Commissioners: Districts, issue and “own” Local Orders which cover
district specific issues and comply with any issued national policy on related matters.
Agreements
The Commissioner signs most interagency agreements such as Memoranda of Understanding which are
then “owned” and managed by the Directors and other senior managers into whose portfolio responsibility
the content falls. See ‘Police Interagency Agreements Policy’.
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Delegations
Letters of delegated authority are managed and prepared through the Director: Legal Services and
published via the Police Instructions intranet site. There may also be delegations of powers from other
agencies.
Stewardship and control
The Police Instructions team maintains stewardship and control over the Police Instructions site, PI
development including writing standards and formats, cyclic review, approval processes, archiving and
publishing and facilitating the maintenance of Police instructions ensuring they have currency and
integrity.
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Police Manual
What is the Police Manual?
The Police Manual details the instructions and guidance (collectively referred to in this policy as ‘Police
Instructions’) for administrative and operational aspects of policing in chapters including nationally
consistent standard operating principles, practices, policies and procedures.
Police Instructions compliance
Comply with mandated requirements (must) in an instruction and follow good practice process and
procedures unless there are good and justifiable reasons not to. (‘A good practice is not only a practice that
is good, but a practice that has been proven to work well and produce good results and is therefore
recommended as a model’).
If you choose to not follow a recommended good practice, and take alternative action, that action must be:
‑ appropriate and justified taking into account all of the circumstances in front of you
‑ lawful
‑ compliant with mandatory policy requirements, and
‑ likely to deliver a better outcome.
Who authorises sections of the Police Manual?
Different groups within Police are responsible for the content of specific chapters within the Police Manual
(for example, the chapter on ‘speed enforcement’ is “owned” by the Road Policing Group). Business groups
update and develop their chapters in consultation with the PI team.The groups’ Directors approve the
development of new, amendment of existing, or cancellation of, chapters of the Police Manual under these
conditions:
‑ carry out an ‘impact assessment’ (accessible through Word>PoliceForms>Police Instructions) which
will highlight any other affected sections of the manual or other instructions or agreements which will
require review (possibly owned by other groups) ‐ Note: Not required for minor/technical changes
‑ consult affected groups and consider and address their views
‑ the Police Instructions team confirms that the final documents comply with writing and formatting
standards before Director approval.
There may be occasions when a chapter should be considered by Executive Leadership Board (ELB)
because the content is controversial / executive directed / significant industrial implications etc.
Who publishes chapters and sections of the Police Manual?
The Police Instructions team publishes the Police Manual.
When do chapters of the Police Manual expire?
Police Manual chapters do not expire; they remain in force until formally cancelled and unpublished.
However, every chapter of the Police Manual has a fixed review date, between one (1) year and normally not
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exceeding six (6) years, depending on a criticality assessment. However, they may be reviewed at any time.
The Police Instructions team endeavours to notify business groups 6 months prior to the review dates of the
need to conduct the reviews, followed with a 3‐month reminder notification. See: Reviewing a chapter.
Developing a new chapter or changing existing chapters
Follow these steps when developing a new Police Manual chapter or amending existing chapters. (Note:
Depending on the extent of the changes, some steps may not be relevant for existing chapters ‐ see
‘Actioning review requests’ below).
StepAction
1
For new chapters, collate all existing and related material, and review content. This could include
information sourced from overseas jurisdictions or outcomes of focus group discussions around new
topics. Notify the PIT early that development has commenced.
For existing chapters, obtain a Word copy of the published version from the Police Instructions team
through your team contact or email Police Instructions, and gather any other related material. (If the
changes are only minor wording changes, see ‘Actioning review requests’ below).
2
Carry out an impact assessment, if applicable, (accessible through PoliceForms>Police Instructions)
and confirm who needs to be consulted or what training requirements there may be or what training /
modules/forms will require updating. Note: The Impact Assessment may need to be updated
throughout the development or amendment process as required.
3
Draft new documents using the Police Instructions team writing toolkit and template (accessible
through PoliceForms>Police Instructions>Online template). Note: Send the draft to your Police
Instructions team contact person for ‘information mapping’ before consultation begins.
If it is an existing chapter, use the Word version of the published chapter for your review (obtained
from the Police Instructions team) and track your changes to make it easier for reviewers. Send the
draft to your Police Instructions team contact.
4
Ensure there is a ’Policy statement and principles’ section at the front of the chapter. (This should be
added to existing chapters as part of their review). See this chapter and refer to its ‘Policy statement
and principles’ section as an example of what is expected.
Ensure you use appropriate terminology to convey what Police employees ‘must’ do (mandatory ‐ not
negotiable) and what is good practice (‘should’ or ‘may’ be followed). The Commissioner, under the
PHPF, expects policies to be less prescriptive where that is appropriate. See ‘Incorporating the PHPF
when developing and updating Police Instructions’ for guidance.
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5
Consult relevant staff and groups and seek feedback. Then redraft as necessary using the version you
received back from the Police Instructions team (you may have to circulate the draft again for
comment).
Note: Track all further changes.
6
Where there are key forms related to the chapter, ensure these are noted in the chapter together with
information on where they can be found. (These forms must be updated at the same time as the
chapter)
7
Consultation with the unions, Police Association and the Police Leaders' Guild, is mandatory on any
proposed new or amended Police Manual chapter:
‑ that has a direct or immediate personnel, HR or industrial relations dimension
‑ where non‐compliance might have serious consequences for the employee, e.g. firearms,
TASER, pursuits, prisoner assessments/ management.
However, the Assurance Manager: Police Instructions is authorised by the Association and the Guild to
determine whether a new or amended chapter requires their consultation. If the chapter meets the
above criteria, you must consult but if in doubt, contact the Assurance Manager: Police Instructions.
Note: The majority of chapters do not require Association or Guild consultation.
Note: If consultation is required, the Police Instructions team has the latest contact details. If the
chapter has not been ‘information mapped’ or reviewed by the Police Instructions team before it is
sent for consultation, advise the unions of this. It is recommended that the chapter is ‘information
mapped’.
8
‑ Complete final draft and approval sheet (accessible through PoliceForms> Police Instructions
>Police Manual Approval ‐ Cancellation form).
‑ Update the Impact Assessment (if required) identifying any other Police instructions,
agreements, training, modules/forms etc., affected by the new or amended chapter. (Ensure
these are aligned with the new or amended chapter prior to the chapter rollout).
‑ Minor changes can be approved without approval form by e‐mail from the Director or cc’d to
the Director.
‑ If new, assess and recommend a document security classification following these instructions.
‑ Obtain final confirmation from Police Instructions team in terms of style and format of the
draft chapter.
9
If the version previously seen by the Police Instructions team is changed refer it back to PI for a final
check before Director approval.
10 In conjunction with the Police Instructions team assess the criticality of the chapter which will assist
to determine the cyclic review period
11 Refer the chapter to the relevant Director for approval.
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12 Email the completed approval form and chapter to the Police Instructions team for publishing ‐ for
more details see ‘Managing and publishing an approved chapter of the Police Manual’ below.
Note: Ensure you cc your Director!
Advise the PI team of the review period ‐ up to 6 years (depending on criticality) from date of
publishing.
13 Where the Police Association and/or Police Leaders' Guild have made submissions and those
submissions have not been accepted into the chapter then advise both organisations of that decision
in writing/e‐mail.
14 If required, draft a bulletin board message and/or Ten‐One article for use after publication. Note: The
Police Instructions team notifies the basic publication in their weekly bulletin board summary but
does not draft or publish individual bulletin board messages or Ten‐One articles.
Reviewing existing Police Manual chapters
All Police Manual chapters are normally allocated a review date of between one (1) and up to six (6) years
from publishing to ensure they maintain their currency and integrity. A criticality risk assessment will be
conducted by the Police Instructions team and business owner of every chapter to assist in determining the
cyclic review period for each chapter.
Additionally, chapters may need to be reviewed and amended for different reasons within that period, for
example:
‑ legislative change requires changes to policy and procedures
‑ changes to Police policy, standards or operational requirements
‑ an incident highlighted the need for improvements
‑ the chapter is too prescriptive and readers can be empowered to make good decisions to achieve the
best outcome.
The Police Instructions team advises the relevant business group’s Director approximately 6 months prior
to the due date (with a 3‐month reminder) by email that Police instructions' content is coming up for
regular review and provides:
‑ a MS Word copy of the chapter
‑ the contact details of the relevant Advisor in the Police Instructions team.
If Directors initiate a review for other reasons, advise the Police Instructions team and obtain a MS Word
copy of the latest, published version and any other information required.
For cyclic reviews, the Director:
‑ assigns a reviewer and timeline, and advises Police Instructions team of these
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‑ monitors progress.
Actioning review requests
If your review identifies that
then. . .
substantial changes have to be
follow the steps outlined for changing existing chapters above.
made to an existing chapter
only minor wording changes are
‑ discuss the proposed minor change(s) with the Police
required involving a short
Instructions team. They will advise what level of consultation is
paragraph or a reference such as
required, format the document for you and confirm the approval
process.
legislation
no changes are required at a
‑ advise the Police Instructions team by email (cc your Director)
mandatory review date
if/why a chapter’s review date should be extended and for how
long.
the chapter is no longer relevant
follow the steps outlined for cancelling a chapter.
Extensions of review dates
Where the Director decides that the review date should be extended for good and justifiable reasons such
as:
‑ the subject matter expert cannot commence the review immediately but will at a later specified date;
‑ a legislative change is pending and the review will be co‐coordinated with that change;
‑ a full review of policy is to take place with practitioners;
‑ the manager or representative sends an e‐mail to the Police Instructions team with the extension
date and reasons for the extension, or the reviewer sends the e‐mail cc’d to the approving manager.
Where the representative sends the e‐mail, as long as the Director is cc’d, that will usually be
sufficient authorisation.
Note: An extension of the review date should not be seen as an easy option to defer a review, it should be
valid and able to be justified on the individual facts at the time.
Managing and publishing an approved chapter of the Police Manual
Follow these steps after approval to manage and publish chapters of the Police Manual.
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StepAction
1
Email the following documents to the Police Instructions team for publishing and their records:
‑ the completed approval form (accessible through PoliceForms>Police Instructions>Police
Manual Approval‐Cancellation form),
‑ the final approved chapter and any associated attachments (unless already provided to the
Police Instructions team or the Team provided you with the final for approval following
consultation ‐ see step 2 below),
‑ any relevant email/letter from unions (scan as required),
‑ the completed Impact Assessment Form (also accessible in Police Forms> Police Instructions),
‑ any other relevant documents (scan as required).
Note: Retain copies of the original, final documents for your records at your discretion.
2
If last minute changes were made that differ from the final version agreed by the Police Instructions
team, email a MS Word copy of the approved chapter with tracked changes to the Police Instructions
team for updating their final version and publishing. If no changes have been made, the Police
Instructions team will use their final version for publishing.
3
The Police Instructions team will email you when the chapter is published and provide an electronic
link to the publication.
You can then broadcast the chapter’s publication on the Bulletin Board and through other media, e.g.
a Ten‐One article, email, newsletters or fax, as required and provide a link to the information in the
Police Manual.
The Police Instructions team will include the publication in their regular Police Instructions News
(PIN) bulletin.
Cancelling a chapter of the Police Manual
Follow these steps to cancel a chapter of the Police Manual.
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Who
Action
Police
1. Assess relevance and necessity of a chapter.
Groups
2. Carry out an impact assessment (if applicable) ‐ accessible in Police Forms>Police
Instructions) ‐ and determine who needs to be consulted.
3. Consult other affected business groups including the RNZPC where there may be
associated training, and if relevant, the Police Association, and Police Managers Guild.
4. Consult with the Police Instructions team to confirm that there will be no adverse or
unintended consequences of a cancellation.
5. Complete the Police Manual cancellation form (include copies of the assessment form
and union agreement (if relevant) to cancellation). Note: the cancellation form is
(accessible through PoliceForms>Police Instructions>Police Manual Approval‐
Cancellation form.
6. Obtain approval for cancellation from the relevant Director(s).
7. Email the signed cancellation form and Impact Assessment form to the Police
Instructions team (cc you Director). (Note: Keep all original forms for your records at
your discretion).
8. Notify cancellation via the bulletin board or other media as required.
Police
9. Update Police Instructions site and record changes.
Instructions 10. Keep an electronic archive of a copy.
team
11. File any hard copies as required.
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Local Orders
What are Local Orders?
Local Orders refer to instructions, orders, guidelines and policies issued by the Assistant Commissioner:
Districts or by a District Commander. They apply to all Police employees stationed in or seconded to the
district or business group for which they are issued.
Criteria
Local Orders are:
‑ consistent with and support Police strategic policy, direction and outcomes
‑ aligned with the PHPF and principle based policy
‑ consistent with relevant legislation
‑ free of conflict with national policy and guidelines
‑ free of conflict with other Local Orders
‑ regularly reviewed for accuracy and integrity.
Local Orders should not repeat national policy unless exceptional circumstances exist but can be used to
provide supporting instructions specific to the district. For example, the 'Police firearms' chapter details
national firearms policies. Local Orders might be required for related matters such as, for example,
allocation, storage, station parking restrictions or security arrangements in local situations or to outline
specific district role responsibilities.
Police Instructions team advice and review must be sought
Local Orders are developed in consultation with the Police Instructions team which provides advice on
format and style and reviews the draft and refers it to the business owner of any relevant national policy to
ensure compliance and that there is no conflict between the policies. Local developers and writers should
use the Local Order template (PoliceForms>Police Instructions).
Developing a Local Order
Local developers and writers should follow these steps when developing a Local Order.
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StepAction
1
Familiarise yourself with these instructions and review examples of other orders already published.
2
Get a full briefing on what is required and research the topic. You should seek advice on related topics
from the Police Instructions team.
3
Identify relevant national policy and consider whether that sufficiently covers the issue, if not
continue with the Local Order.
4
Start preparing your first draft and obtain informal feedback from subject matter experts. Redraft as
required.
5
Provide links in the document to other relevant national or local policy ‐ avoid repeating it.
6
When you are happy with your draft and have incorporated feedback received, refer it to the Police
Instructions team and any subject matter expert(s) for formal peer review. The Police Instructions
team will consult the draft order with the owner(s) of any relevant national policy to ensure there is
no policy conflict, and provide feedback to you.
7
Present your peer reviewed ‘final draft’ to your Assistant Commissioner or District Commander for
approval. If changes are required at this time, make the amendments and decide whether to seek
further peer review on the changes (this would only be necessary if substantial changes are required).
8
Seek formal approval using the Local Order Approval Form found in PoliceForms>Police Instructions.
9
To publish the approved Local Order, email an MS Word copy to Police Instructions with a request for
publishing and include the completed Local Order Approval form. Important: Copy your email (cc) to
the Approving Officer who issued/approved the Order. You will be notified when it’s published.
The issuer notifies affected district and business group employees through local methods. Where you
have a Local Order site on your district intranet, provide only a link to the Local Order in Police
Instructions.
Remember:
‑ Consult widely during the development stage.
‑ The Police Instructions team will assist you as required.
‑ Use the Local Order template (PoliceForms>Police Instructions), format and style you can discuss
specific needs with the Police Instructions team.
‑ Do not repeat/duplicate existing instructions, particularly national Police Instructions content ‐ use
hyperlinks.
‑ Some Local Orders may be mandated under a national Police Instruction.
‑ The Police Instructions team will consult the relevant business owner of relevant national policy to
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ensure the Local Order does not conflict.
Reviewing and amending a Local Order
Review Local Orders no later than three years from the date of issue to ensure they maintain currency and
integrity. Shorter or longer review periods may be approved in consultation with the Assurance Manager:
Police Instructions on a case‐by‐case basis.
Additionally, a Local Order may need to be reviewed and amended for different reasons within that period,
for example:
‑ legislative change requires changes to policy and procedures
‑ changes to national standards and policy
‑ an incident highlighted the need for improvements.
The Police Instructions team gives Local Order owners approximately 6 months’ notice by email (with a 3‐
month reminder) that a Local Order is coming up for its scheduled review. An MS Word copy is available
from the Police Instructions team. The Police Instructions team quarterly report sent to all policy owners,
also details review dates which will assist district with planning ahead.
If you initiate a review for other reasons, advise the Police Instructions team and obtain a MS Word copy of
the latest version and any other information required.
For cyclic reviews:
‑ assign a reviewer and timeline, and advise the Police Instructions team of the details
‑ monitor timely progress
‑ ensure that the process, including consultation, has been followed.
Extensions
Where the Local Order owner decides that the review date should be extended for good and justifiable
reasons such as:
‑ the subject matter expert cannot commence immediately but will do so at a later specified date
‑ a legislative change is pending and the review will be co‐coordinated with that change
‑ a full review of policy is to take place with practitioners
‑ the manager or representative sends an e‐mail to the Police Instructions team with the extension
date and reasons for the extension cc’d to the District Commander (the cc to the District Commander
will be sufficient authorisation).
Note: An extension of the review date should not be seen as an easy option to defer a review; it should be
valid and able to be justified on the individual facts.
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If your review identifies that
then. . .
substantial changes have to be made to follow the steps outlined for developing a Local order.
an existing Local Order
only minor wording changes are required discuss the proposed change(s) with the Police Instructions
involving a short paragraph or a reference team. They will advise what consultation and work is required,
such as legislation
and confirm the approval process.
no changes are required at a mandatory discuss next steps with the Police Instructions team. They will
review date
advise what consultation and work is required, and confirm the
approval process.
the Local Order is no longer relevant
follow the steps outlined for cancelling a Local order.
Escalation process
Where the Local Order owner has been notified by the Police Instructions team of the requirement to review
a particular Local Order, and:
‑ has failed to respond to the request(s) within a reasonable time, or
‑ the review has stalled for other than justifiable reasons, or not been carried out;
‑ the Assurance Manager: Police Instructions may forward a report via the Director: Assurance, to the
DC: Strategy and Service for discussion and resolution with the Deputy Commissioner: Operations.
Cancelling a Local Order
Follow these steps to cancel a local order.
Who
Action
District
1. Obtain approval for cancellation from the relevant Assistant Commissioner or District
Commander. An e‐mail confirmed by the District Commander will also be a suitable
cancellation authoritsation.
2. Complete the Local Order approval‐cancellation form (PoliceForms>Police Instructions).
3. Advise the Police Instructions team of approval for cancellation by email and copy (cc)
the Approving Officer. (Note: Keep original form for your records).
4. Notify cancellation in your district bulletin board or other internal media as required.
Police
5. Update intranet and record changes including keeping an electronic archive of a copy.
Instructions
team
Publishing
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Local Orders are published by the Police Instructions team in Police Instructions.
When Local Orders are approved, email an MS Word copy to Police Instructions for publishing in Police
Instructions and include a completed Local Order Approval Form. Important: Copy (cc) the Approving
Officer.
Notify affected district and business group employees after it’s published. Keep whatever records you
require locally.
If your Local Orders is also to be published on your district / group intranet site, provide a link only from
that site to the order in Police Instructions.
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Incorporating the PHPF when developing and updating Police
Instructions
PI ought to enable Police employees to take the most appropriate action relative to the circumstances in
front of them while complying with non‐negotiable instruction. PI should detail what aspects require strict
compliance and what are good practice guidelines and principles to be applied. Where employees decide
that there is a more appropriate alternate action, the steps taken must be:
‑ appropriate
‑ lawful
‑ compliant with relevant non‐negotiable Police Instructions
‑ justified, taking into account all of the circumstances in front of them, and
‑ likely to deliver an enhanced outcome.
PI ought to be framed in a way that makes allowances for appropriate and justifiable alternate approaches.
Benefits
The benefits of implementing the PHPF principle based framework include:
‑ building a high performance culture
‑ enhanced staff performance
‑ enabling people to be the best they can be in their roles and giving them the mandate to make a
difference
‑ discretion in our thinking and judgement ‐ We trust our people to make good decisions
‑ developing leadership skills
‑ delivery of the outcomes highlighted in Our Business
‑ enhanced outcomes
‑ increased public trust and confidence.
Definitions
Principle‐based policy
This is policy that empowers staff to make the right call in order to deliver the right outcome in each
situation ‐ taking the most appropriate action relative to the circumstances in front of them, but also
accepting that some policy requirements are non‐negotiable.
Good practice
A good practice is not only a practice that is good, but a practice that has been proven to work well and
produce good results, and is therefore recommended as a model.
Police Instructions
In order to engage the PHPF, PI need to transform from a strict command and control style, to one which
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delivers a mix of compliance and recommended good practice. This is not to say that we will discard all
policy, nor will we be able to avoid some prescription as there are certain things that will always be non‐
negotiable.
Risk
Encouraging more discretionary actions may introduce potential risk which should be considered during PI
development and review. Conducting a risk assessment consists of an objective evaluation of known
circumstances in which assumptions and uncertainties are clearly considered and presented. This will
require identification and assessment of potential non‐compliance and the likely consequences. Is the level
of risk acceptable? Some instructions will require mandatory compliance as the risks of allowing discretion
are far too high, or a process or procedure may be mandated by legislation.
SELF CHECK
When deciding on what action to take, staff will always need to apply the SELF CHECK.
Lessons learned
Operationally it means that after an event when we review decisions made, we will need to consider
whether they were reasonable and appropriate for the circumstances existing at the time and consistent
with what others with similar rank and experience would have made in the same circumstances. We should
not focus on whether the outcome was successful or otherwise, it should be on the decisions made.
Standards are judged against those that existed at the time decisions were made, not the standard that
may exist at the time of the review.
Making the shift
Business owners of various PI, continue to retain responsibility for developing and updating the documents
in association with the PI team. However, during development and reviews identify what aspects are non‐
negotiable (must comply) and those that provide an opportunity to detail expected good practice (should
comply).
The aim is to deliver PI that empower Police employees to take an alternate action to achieve the best
outcome, so long as it can be justified based on all the circumstances. Many of our PI focus on good practice
and alternate options but the aim for the future is to be explicit about the intent of the policy.
Moving to less prescription requires a high level of consideration, risk assessment and mind set change to
provide opportunity for staff to use their judgement where appropriate.
Determining compliance aspects in each PI will be challenging as a number of factors will likely come into
play. A recommended approach is to assemble a small group (at least two) and review the compliance
requirements of each PI, determining whether each compliance aspect is strict compliance or good practice.
Characteristics of principle‐based policy
The characteristics of principle based policy are:
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CharacteristicAction / outcome
How
Empowering
Staff are empowered where
‑ Detail expected good practice.
appropriate to make the right call to
‑ Careful use of the compliance word ‘should’
achieve the right outcome in each
which means that the good practice should be
situation.
followed in normal circumstances; however, an
alternate action may be taken if it is lawful,
justified and likely to achieve a better outcome.
Good practice A good practice is not only a practice Detail an organisational practice that has been
that is good, but a practice that has proven to work well and is recommended.
been proven to work well and
produce good results, and is
therefore recommended as a model.
Less
Less prescribing of actions that must Identifying where strict compliance is not required,
prescription
be taken.
instead providing good practice example. Consider
use of the word ‘may’ where appropriate.
Prescription
Can be one of two things or a mix in Identify and apply in each part of Police Instructions,
any Police instruction:
what must be complied with and where good practice
is recommended.
‑ Strict compliance with a
stated procedure; or
‑ a recommended good practice
that should be followed.
Compliance
Strict compliance with an instruction. Use the word ‘must’ in processes and procedures that
are non‐negotiable for good reason. There is no
discretion to take another option. Some instructions
will follow legislative requirements.
Risk based
Risk assessment determines policy
Statutory / Legislative requirements
compliance requirements.
Risk if not complied with.
Example of PHPF application
There had been a finding from the IPCA of a breach of the Taser policy as the use was contrary to that
specified in the Tactical Options Framework (TOF). The TOF was worded in such a way that application of
the Taser must meet the criteria in the TOF. However, while the use of the Taser was not in compliance with
the TOF, the use was lawful, appropriate and justified taking account all of the circumstances at the time
and resulted in an enhanced outcome. The ‘Use of force’ chapter was subsequently amended to clarify that
the TOF is a guide only (good practice) and one factor to be taken into account when determining the
appropriate tactical response. This allows staff to use more discretion on the appropriate response to the
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Police Instructions Policy
situation.
Police Instructions team assistance
Please feel free to contact any of our team or email Police Instructions if you have any questions and we are
available to meet with you and your staff if that will assist.
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Police Instructions Policy
Quarterly reporting and escalation process
Quarterly reporting
Every quarter the Police Instructions team prepares a status report listing each group’s Police instructions,
highlighting items overdue for review, items coming due for review within 6 months, current instructions
and potential instructions under development (marked ‘new’).
The Team Leader: Police Instructions circulates this report to all business owners and the Executive as
required. Business owners should then report progress back to the Team Leader: Police Instructions.
Escalation process
Where District Commanders or Directors have been notified by the Police Instructions team of the
requirement to review particular Police instructions, and:
‑ have failed to respond to the request within a reasonable time, or
‑ the review has stalled for what appears to be other than justifiable reasons, or not been carried out at
all;
the Assurance Manager: Police Instructions may forward a report via the Director: Assurance to the Deputy
Commissioner: Strategy and Service for discussion and resolution with the relevant Deputy Commissioner /
Deputy Chief Executive.
Status reports are also provided to the Executive Leadership Team when requested, detailing overall results
and identifying key Police instructions overdue for review.
Printed on : 13/06/2022
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