Are There Any Circumstances in which an Australian Police Officer Can Interfere with someone’s Employment
Dear Australian Commission for Law Enforcement Integrity,
I am having difficulty in getting my messages through to the NSW Police. I keep getting an error message only in return.
I was just wondering if there are any circumstances in which a police officer can interfere with someone’s employment if they have been charged outside of work?
Are police required to notify and inform employers if they have an employee who has been charged outside of their employment with an unrelated offence?
I am concerned that doing this is taking the attitude that someone is guilty and faces punished before their time in court.
What solutions do the NSW Police suggest to manage financially leading up to the trial, through the trial, then after the trial? Is there some sort of assistance offered to those facing these circumstances?
I feel as though this approach taints someone’s career unnecessarily even if they are found guilty which has peaked my concern and confusion.
I appreciate your time.
Lauren Ainslie
Dear Lauren,
Thank you for contacting the National Anti-Corruption Commission (the
Commission) on 19 July 2023. Your email to the Freedom of Information
email address was referred to us as the appropriate team to respond to
you.
I understand you have questions about NSW Police. This is not within the
jurisdiction of the Commission, and so the Commission is unable to provide
you with guidance or take any action.
The National Anti-Corruption Commission Act (2022) establishes a federal
Commission concerned with Commonwealth public officials (agencies and
their staff), not State, Territory, or local government officials. Further
information about the Act can be found
https://www.legislation.gov.au/Details/C....
If you have been unable to contact NSW Police or you remain dissatisfied
with their responses, your submission may be better directed to the NSW
Law Enforcement Conduct Commission (LECC).
The LECC was set up to strengthen law enforcement integrity, by
preventing, detecting, and investigating misconduct and maladministration
within law enforcement in NSW. The LECC also aims to understand and assist
in the prevention of officer misconduct. Further information can be found
here: https://www.lecc.nsw.gov.au.
We have not referred your information to them, however we encourage you to
consider contacting them directly.
Yours sincerely,
Intake and Triage
Dear Australian Commission for Law Enforcement Integrity,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Commission for Law Enforcement Integrity's handling of my FOI request 'Are There Any Circumstances in which an Australian Police Officer Can Interfere with someone’s Employment'.
You have not given me any clarification.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Lauren Ainslie
OFFICIAL
Dear Ms Ainslie,
Thank you for your correspondence, which was received by the National
Anti-Corruption Commission (the Commission).
The Australian Commission for Law Enforcement Integrity ceased operations
on 30 June 2023. Its operations were subsumed into the Commission from 1
July 2023.
Requests under the Freedom of Information Act 1982 (FOI Act)
When making a request under the FOI Act, there are some requirements to be
aware of. According to section 15(2) of the FOI Act, a request must:
o be made in writing and provide an address or email address for notices
to be sent;
o state that the request is an application for access to documents under
the FOI Act; and
o give sufficient detail for the agency to identify the documents being
requested.
In your correspondence, you sought advice and information, instead of
documents. The Commission interpreted your correspondence as not being a
request under the FOI Act. Accordingly, your correspondence was treated as
a general enquiry. On 22 August 2023, the Commission responded to your
enquiry. Because the Commission does not have jurisdiction over the NSW
Police Force, our team recommended you approach the NSW Law Enforcement
Conduct Commission (LECC) instead regarding your concerns about NSW
Police.
The Commission is also unable to give legal advice. If you require legal
advice, and you are in New South Wales, you can contact Law Access NSW in
the first instance. Their website is [1]www.lawaccess.nsw.gov.au and they
can be contacted on 1300 888 529. Their operating hours are 9am to 5pm
Monday to Friday.
We hope this is of assistance.
Kind regards
FOI Officer
E. [email address]
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NACC's site. [4]Twitter logo linking to NACC's site.
[5]nacc.gov.au
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