Examining human rights and ethical practice in Australian policing : a New South Wales case study

Abstract

The type and quality of policing in the community has a significant impact upon the everyday lives of numerous individuals, either as victims, offenders, or witnesses. This study examines human rights and ethical practices that are integral to the policing in New South Wales (NSW), the activities of which require constant scrutiny and review. Effective oversight of the police ensures that police retain legitimacy, accountability, and provide a high quality of service; that which is commensurate with the expectations of the citizens. A comprehensive literature review in this study describes the background, context and scope of the typology and integrity of the police in NSW. The dominant discipline informing this research is criminology and the theoretical framework used is constitutive criminology. The research method employed was to circulate an anonymous on-line survey to serving police officers in NSW. The three sections of the survey were: scenarios of operational policing featuring ethics or human rights dilemmas; questions on the legitimacy of police, procedural and organisational justice along with police performance; and a human rights structured interview. A total of 221 policing practitioners participated in the survey. The survey data was analysed using mixed-method qualitative and quantitative techniques. The results from the survey showed that ethical values and human rights in policing activities were recognised by participants; however this was offset by an ambivalent understanding of practitioner deviancy and misconduct. There were many examples in free-text optional comments that exemplified stereotypical dogma, and condoned summary justice actions of police officers depicted in high risk incidents. Evidence was identified that police misconduct might be covered up or not reported and potential 'whistle-blowers' would be ostracised by the workforce. These are the exact adverse symptoms identified by several previous major inquiries into police corruption in NSW. Within the section of the survey relating to police legitimacy, procedural justice, and organisational justice, the participants revealed positive attitudes regarding work ethic and empathy towards organisational issues. However, this was countered by insular and negative attitudes towards practitioner ethics. The institutional culture of the police reflected a sound policing legitimacy, but with several negative leadership indicators including lack of fairness, favouritism and poor internal organisational communications. The section of the survey on police performance revealed inconsistency of knowledge and assumptions about effectiveness of the force when dealing with crime prevention and solving crime. Also, police officers had unrealistically high opinions on how well they worked with the community in dealing with problems and solving issues. This mismatch of perception extended to police officers' opinions about the quality of service they offered to the public which lacked cultural sensitivity and inclusivity. The research findings also identified a lack of knowledge and understanding of police practitioners regarding international policing standards and human rights. Recommendations compiled from the findings of the study justified a fundamental review of the vision, mission, and values of the NSWPF, a change management programme identifying and retaining strengths of the organisation and addressing the areas for improvement, while introducing a constant review of the continuous improvement in the agency during implementation of this programme. Following the successful conclusion of the proposed development programme, the objective of a less harmful society would be achieved.

Date of Award	2018
Original language	English