Civilian oversight and changes to police misconduct and corruption investigations
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Petition for the Government of Queensland.
Implement changes to the way investigations are carried out for Police Misconduct and Corruption.
Law Enforcement Agencies are to be held to a much higher standard of conduct than the general community, in order to demonstrate the highest level of integrity.
Currently, the general public has lost faith in the way Police Officers are investigated for Official Misconduct and Corruption matters. This is evident for example in the number of Police Officers caught for accessing QPRIME (Computer Hacking Offences), where penalties are not commensurate with the gravity of the offence in unlawfully interfering with a civilian’s privacy.
Currently, unlawful actions by Police Service Members do not attract sufficient penalty, and no automatic right to compensation exists without a lengthy and stressful process that has to be initiated by members of the public. This is particularly evident when the matter involves the leaking of personal information of victims of crime and domestic violence matters.
1. That civilian committee oversight, with representatives from Indigenous Communities, Civil Rights Lawyers, and upstanding members of the civilian community with powers to make directions and to refer matters to the Director of Public Prosecutions.
2. That an independent agency be implemented, staffed by independent investigators who are not members of the QPS.
3. That the CCC have either investigative powers to investigate corruption and official misconduct issues, or civilian/organized crime, not both as per the current situation.
4. That police officers, who have had the following proven against them, forfeit their superanmuation to pay the victims of their misconduct such as:
5. False imprisonment
6. Being set up for a crime they did not commit
7. Makes false statements or reports
8. Arrests with out probable cause
9. Malicious prosecution
10. Excessive force – otherwise known as a criminal assault.
11. Subjects a member of the public to invading their privacy through the unlawful use of QPRIME – known as unlawfully interfering with a civilians’ privacy.
12. That, should a police officer cause a member of the public to be convicted of a crime they did not do, the said police officer upon being found guilty of either perverting the course of justice or uttering a false statement, be subject to the same penalty of imprisonment wrongfully imposed upon the civilian multiplied by a factor of 2.
13. That all police officers be required to carry professional insurance, and should the insurance company deem the police officer to be too high a risk, the said police officer to be deemed unemployable in any area of law enforcement.
That any civilian person wrongfully convicted of a crime they did not commit, be entitled to automatic compensation from the State, at a level determined by civilian committee oversight.
14. That the State pursue compensation from any police officer who acts without good faith, demonstrating corruption or official misconduct in the wrongful conviction and subsequent imprisonment of any civilian, to reimburse the State for said compensation. This may involve confiscating personal assets, superannuation or any other material interests of said police officer.
15. That all legislative instruments pertaining to the investigation and prosecution of any law enforcement officer, be compatible with Human Rights Legislation. That this consideration be the first and foremost in any complaint process leading to the investigation and prosecution of any law enforcement officer.
16. That any Law Enforcement Officer, found guilty of any indictable criminal offence, be automatically dismissed, and all entitlements including superannuation be forfeited to a fund with the aim of compensating victims of misconduct and corruption.
17. That the Queensland Police Service, publish the result of any investigation into official misconduct or corruption matters. While it is generally published on the QPS website, the results of investigations are often not published. When an officer is found guilty, their name should be published in line with the Rule of Law in that Justice needs to be done, and also needs to be seen to be done.
18. That the Queensland Government change the definition of Corruption to include a broader range of behaviour, including wrongful acts of dishonesty, making false and/or misleading statements while in public office, and routinely prosecute offences of this nature.
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