Review of the Police Powers (Drug Detection Trial) Act 2003 - NSW ...

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MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review A staff member who works overtime need not resume duty for at least eight hours. As your safety is of paramount concern, it is recommended that this break be taken. If taking this break means that you commence work in coretime, an appropriate adjustment will need to be recorded on your flexsheet. This adjustment will be recorded as special leave and will not affect your leave entitlements, salary or flex accrual. The following examples will provide guidance: Example 1. If you work from 8pm Thursday to 5am on Friday, you should not commence work again until 1pm on Friday. On your flexsheet you will sign on at 1pm and record 4 hours SP in the adjustment column. Example 2. If you work from 4pm Thursday to 1am on Friday your flexsheet should record you working until 6.30pm. From 6.30pm until the end of your observation shift at 1am you will be paid overtime. You should not resume duty until 9am on Friday morning. Example 3. If you work from 8pm Friday until 5am on Saturday you will be paid overtime for this period and begin work as usual on Monday. In rare circumstances your supervisor may direct you to attend work without having an eight-hour break. In these circumstances, overtime rates will continue to apply. Personnel staff will assist you with overtime, travelling time or with completing your flexsheet. 11. What to bring and wear As a guide, you should wear comfortable casual clothes. You must bring a notepad and pen, business cards, a mobile phone and make sure you have handy the designated emergency contact phone numbers. If necessary, you should bring sunscreen or a hat and water. 12. Contacts NSW Police contact: to be determined prior to each observation session Emergency contacts: designated contacts will be determined prior to each observation session 13. Acknowledgement I acknowledge that I have read and understood these guidelines and that I will act in accordance with these guidelines while I am conducting observational research for the NSW Ombudsman. Name Position Signature Date Page 8 of 11 NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003 97
MOU between NSW Police and the Ombudsman regarding observational research for the Drug Detection Trial review Schedule 2 Police Information Sheet Cooperative observational research As you may already be aware, according to section 22 of the Police Powers (Drug Detection Trial) 2003 (the Act), the Ombudsman will be monitoring the establishment of checkpoints in ‘outer metropolitan areas’ at which police will utilise drug detection dogs to screen vehicles and possibly drivers and passengers. Under section 22, we will be monitoring the exercise of powers under the Act for 12 months. At the end of this period we will provide a report to the Attorney General, the Minister for Police and the Commissioner of Police. We will use a range of research approaches to ensure that we produce a balanced and comprehensive report about the exercise of these powers. For example, we will be analysing records from COPS and other police records, as well as conducting community consultations, interviews and focus groups and analysing any relevant complaints. For the purposes of monitoring the exercise of powers under the Act, we have come to an agreement with the Commissioner of Police that we will directly observe police as they exercise these powers. The Commissioner of Police and the Ombudsman have agreed to work cooperatively to facilitate the direct observation of police as they work. 1. The benefit of direct observation We have already observed the exercise of other police powers for the purposes of monitoring other police powers, such as the use of drug detection dogs in public places. While valuable information is often obtained by other means, some aspects can only be properly assessed by direct observation. By accompanying police and directly observing how they use their powers under the Act, we gain information about the ‘on the ground’ implementation of the Act. However, we acknowledge that there are a number of factors affecting the purity of this method. For example, the presence of an observer from the Ombudsman’s Office may influence, consciously or unconsciously, the behaviour of police. In addition, differences may occur in the way observers interpret and record events. Measures will be taken to minimise these factors. However, it is unlikely that they can be removed altogether. Notwithstanding the limitations of this method, in our experience observational research has proved to be a valuable source of information about police activities. We will take care to make our observers aware of these limitations and take them into account in our final report. Page 9 of 11 98 NSW Ombudsman Review of the Police Powers (Drug Detection Trial) Act 2003
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Review of the Police Powers (Drug D
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Any correspondence relating to this
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2 June 2008 Level 24 580 George Str
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Foreword The vehicular trafficking
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Chapter 4. Issues identified during
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or is to be, used on a regular basi
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Issues identified during the drug d
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Conclusion A critical examination o
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viii NSW Ombudsman Review of the Po
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The bill proposed a number of chang
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4 NSW Ombudsman Review of the Polic
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In addition, if the authorisation i
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2.1.9. Reporting and record keeping
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If the drug detection dog indicates
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41 Police Powers (Drug Detection Tr
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3.2. Number of vehicles and persons
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Table 3 details drugs seized, legal
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Local area command/s where operatio
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One person was charged with resist/
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In addition, a driver of a Pantec t
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118 Pursuant to s.12 of the Crimes
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Getting an authorisation is a lengt
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(b) the likelihood of success of th
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Case study 1 Grant of authorisation
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4.1.5. Capacity of designated offic
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The officer will then stop each veh
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mindful to ensure that they do not
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We raised this issue during the bor
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In circumstances where a person sea
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During pre-operational briefings Om
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In addition, boredom, motivation, f
Page 63 and 64: Case study 7 No drugs located, no a
Page 65 and 66: Case study 9 Persons searched withi
Page 67 and 68: 4.7.2. Police views A number of sen
Page 69 and 70: However, the NSW Police Force noted
Page 71 and 72: 203 See paragraph 12.4 ‘Requestin
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Page 75 and 76: • One or more drugs were located
Page 77 and 78: … the nature of the legislation a
Page 79 and 80: We also got some specific [intellig
Page 81 and 82: I think that was something that rea
Page 83 and 84: … if they’re serious about the
Page 85 and 86: This view was echoed by officers co
Page 87 and 88: We raised the issue of regional sta
Page 89 and 90: Table 4. Operational costs Operatio
Page 91 and 92: 5.7.2. Community support 5.7.2.1. P
Page 93 and 94: According to survey participants, t
Page 95 and 96: Case study 14 Delayed by search 457
Page 97 and 98: … a reduction in costs and resour
Page 99 and 100: Case study 17 Police seize $875,000
Page 101 and 102: 366 Interview A transcript, pp.18-1
Page 103 and 104: 86 NSW Ombudsman Review of the Poli
Page 105 and 106: There are also a number of seemingl
Page 107 and 108: Appendix 1. Memorandum of Understan
Page 109 and 110: MOU between NSW Police and the Ombu
Page 113: MOU between NSW Police and the Ombu
Page 119 and 120: Other information requirements
Page 121 and 122: Appendix 4. Sample of an authorisat
Page 123 and 124: 106 NSW Ombudsman Review of the Pol
Page 125 and 126: Appendix 6. Telephone survey tool.
Page 127 and 128: Acknowledgments This report was res
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