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Implementation and Impact of the Fitzgerald Inquiry Reforms

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Implementation and Impact of the Fitzgerald Inquiry Reforms Integrity in the Queensland Police Service: Implementation and Impact of the Fitzgerald Inquiry Reforms September 1997 CONTENTS Foreword Acknowledgments Abbreviations Executive Summary Chapter 1: Introduction Chapter 2: Reforming Police Complaints and Discipline Processes Chapter 3: The Organisational Context Chapter 4: Public Confidence in the QPS and the Complaints Investigation Process Chapter 5: The Processing of Complaints Chapter 6: Standards of Behaviour in the QPS Chapter 7: The Police Code Chapter 8: Conclusion Appendices Appendix A: Description of data sources — Complaints against police data Appendix B: Types and outcomes of complaints recorded in the QPE database Appendix C: Number of QPS sworn officers Appendix D: Number of officers by final outcome of recommended charge: CJC charges register Appendix E: Perceived seriousness of scenarios: Police ethics surveys Appendix F: Willingness to report: Police ethics surveys References FOREWORD On 27 July 1987, the Commission of Inquiry Into Possible Illegal Activities and Associated Police Misconduct (‘the Fitzgerald Inquiry’) held its first public hearings. The Inquiry brought the problem of police misconduct and corruption into stark public focus and resulted in wide-ranging reforms being made to the Queensland Police Service (QPS) and the institutional environment in which it operated. Release of this report, a decade after the Fitzgerald Inquiry commenced and eight years since it reported, provides an ideal opportunity to take stock of the progress which has been made in reforming the police complaints and discipline process in Queensland and raising the level of police integrity. The report also fulfils the CJC’s statutory responsibility under the Criminal Justice Act 1989 (s. 23(k)) to report to the Parliament on the implementation of the Fitzgerald Inquiry recommendations relating to the administration of criminal justice and the police service. This report is not a sensational document designed to capture headlines; its function is to provide a sober and balanced assessment of the implementation and impact of the Fitzgerald Inquiry reforms. The CJC hopes that the release of this report will help inform public debate about police reform and the future role and functions of the CJC. It is essential that the formulation of public policy about these crucial issues is based on comprehensive, careful and objective research, rather than being driven by partisan political concerns. The report shows that much positive change has been achieved, but also identifies a range of areas where further action is required to ensure that Queensland police conduct themselves according to the highest possible standards. The CJC will continue to work with the QPS to address these issues. As the report observes, it is very important to guard against complacency; the gains of the last few years can be quickly eroded if there is a lessening of commitment to the process of police reform, or if the framework of external oversight is weakened or undermined. F J CLAIR Chairperson ACKNOWLEDGMENTS The QPS cooperated with the CJC on all aspects of this project, including by providing copies of databases and making its officers available to participate in interviews and surveys. In addition, several people within the Service read, and provided helpful comments on, sections of this report in draft form. This assistance is gratefully acknowledged. The report and the research on which it is based is the product of the efforts of several people: Andrew Ede, Avril Alley, Christine Bond, Janet Ransley, Clare Smith and Bronwyn Springer. Tracey Stenzel was responsible for desktop publishing. The CJC thanks all of those involved in producing the report; particularly Andrew Ede, who worked on the project from the beginning, drafted several of the chapters and undertook much of the data analysis. Thanks are also due to Dr Tim Prenzler and Mr Arch Harrison of Griffith University, Dr Keith Bryett, now of Queens University in Belfast, and Ms Colleen Lewis of Monash University, all of whom assisted with the background research for the report. David Brereton Director Research and Coordination ABBREVIATIONS AIC: Australian Institute of Criminology Carter Inquiry: Criminal Justice Commission Inquiry into Police and Drugs CJC: Criminal Justice Commission Fitzgerald Inquiry: Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct Fitzgerald Inquiry report: Report of a Commission of Inquiry Pursuant to Orders in Council FYC: First Year Constable HRM: Human Resource Management PROVE: Police Recruit Operational Vocational Education PSU: Professional Standards Unit QPE: Query Personnel System QPS: Queensland Police Service QPS Review: Queensland Police Service Review Committee The Act: Criminal Justice Act 1989 EXECUTIVE SUMMARY CHAPTER 1: INTRODUCTION Aims and focus of report This report is concerned with those recommendations of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct (referred to as ‘Fitzgerald Inquiry’) which were directed towards improving the police complaints and discipline process and enhancing police integrity in Queensland. Key questions addressed are: To what extent have the reforms proposed by the Fitzgerald Inquiry been implemented? What impact have these reforms had on: * the efficiency and effectiveness of processes for dealing with complaints against police and public confidence in those processes? * the public standing of the QPS generally? * standards of police behaviour and the incidence of corrupt conduct? * police attitudes towards reporting misconduct by other officers? How much scope is there for further enhancing police integrity in Queensland and what actions should the QPS and CJC be taking to bring about these improvements? Publication of this report fulfils the CJC’s statutory obligation under section 23(k) of the Criminal Justice Act 1989 to report: with a view to advising the Legislative Assembly, on the implementation of the recommendations in the Report of the Commission of Inquiry [the Fitzgerald Inquiry] relating to the administration of criminal justice, and to the Police Service. Another important purpose of the report is to provide a ‘baseline’ to facilitate future assessments of the progress and impact of reform in the QPS. One of the obstacles encountered in preparing this report was the lack of data about the previous complaints and discipline procedures, their operation and impact. Now that all relevant available information has been drawn together in a single document it should be easier to monitor future changes and report on these as necessary. Finally, the report is intended not only to document progress to date, but also to outline a way forward. Reform must be seen as a continuing process, not as a one-off exercise. To this end, the report identifies a range of issues which need to be addressed by the QPS, in conjunction with the CJC, if the gains of the last few years are to be consolidated and public confidence in police maintained. The Fitzgerald Inquiry's findings Areas of particular concern identified by the Fitzgerald Inquiry in relation to the QPS were: inadequate external scrutiny and oversight of the investigation of misconduct the existence of a strong ‘code of silence’ among police inappropriate rules and procedures for reporting and investigating misconduct closed recruitment policies which had promoted insularity and a resistance to external scrutiny of practices poor management and supervision. The Inquiry recommended a comprehensive package of reforms aimed at restructuring the QPS and the environment in which it operated. These reforms fell into two broad categories: those aimed at improving the processing, investigation and monitoring of complaints (such as through the establishment of the Official Misconduct Division of the CJC) those directed at changing the organisational climate of the QPS so as to promote proper conduct and reduce the tolerance of misconduct. Data sources and methodology In order to assess the implementation and impact of these and associated reforms, the report draws upon four main data sources: CJC and QPS data on complaints against police and CJC complaints files surveys of police interviews with experienced serving officers public attitude surveys. Although each data source has limitations, collectively they can be used to build up an overall picture. It may not be possible to be precise about the extent to which the Fitzgerald Inquiry reforms have led to changes in police attitudes and behaviour or increased public confidence in the QPS and the complaints system. However, in most cases, the data are sufficiently comprehensive — and robust — to support defensible conclusions about the general direction of the changes which have occurred. Chapter 2: Reforming the complaints and disciplinary system Chapter 2 focuses on recommendations of the Fitzgerald Inquiry relating to police complaints and discipline processes. Most of the Inquiry recommendations relating to these processes have been implemented wholly, or with some modification. Key changes introduced as a result of the Inquiry have involved: the creation of the CJC — an independent civilian-controlled organisation with substantial powers and resources to investigate suspected misconduct by police re-writing of the Police Rules implementation of some measures to make the disciplinary process less adversarial strengthening of the statutory obligation on police to report suspected misconduct
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