Police misconduct, regulation, and accountability : conflict of interest complaints against Victoria Police officers 1988–1998

摘要

Conflict of interest allegations became a prominent part of the political and publicsector in the 1980s and 1990s in Australia and elsewhere. The arena of policing was notimmune, and in Victoria, the Ombudsman drew particular attention to the problem andexpressed concern about the rise in public complaints relating to alleged conflicts ofinterest on the part of police officers.Against this background, permission was granted by Victoria Police for a majorstudy of conflict of interest complaints against police officers within their jurisdiction.Access was granted to all public complaint case files where conflict of interest was thefocus of the allegations, from the period 1988–1998. A total of 377 usable complaintsfiles were examined, involving 539 police officers.Through extensive examination and analysis of these complaint case files, acomprehensive map of the particular kinds of interest involved, the nature of theconflicts with official police duties, and the particular contexts within which conflicts ofinterest emerged, was developed. Analysis of the case files identified 25 different typesof problems related to conflict of interest. These were spread across the private andpublic realms of police officers’ involvements.Previous studies of conflict of interest have focused largely on the opportunitiesfor misconduct arising in the public realm of police work and police duty, largelyneglecting attention to the private realm of the relationships and involvements of apolice officer that give rise to conflicts of interest. In this study, the specific privateinterests that gave rise to problems were able to be identified in 35 percent of all cases.Three broad problem areas were identified: (i) outside employment, private businessinterests, political, social, and sporting interests and involvements; (ii) family-basedinvolvements, especially those involving family law problems; and (iii) problematicpersonal relationships, including relationships with criminals, informers, and persons ofill repute. These conflicts of interest were related to a range of breaches of officialpolice duty, including the misuse of police authority for personal or family benefit, theuse of police position to facilitate personal relationships, and inappropriate disclosure ofconfidential police information.When the conflict of interest identified related specifically to a police officer’sofficial or public role as a member of the police force, the main types of misconductidentified included three broad areas: (i) the use and abuse of police powers and authority; (ii) the use and abuse of police resources, including information; and (iii) thereceipt of gratuities and breaches of the law. These problems were shown to play out ina range of ways, encompassing such behaviours as misuse of the police identity,inappropriate accessing of police information, involvement in investigations where thepolice officer concerned has a personal interest in the matter, failing to take appropriatepolice action against friends, family, or associates, the exercise of improper influence incivil matters, and engagement in harassment and discrimination.This study offers some important conceptual developments in relation to thenotion of conflict of interest, focusing on the importance of the distinction between aconflict of interest and an associated breach of duty. The study noted that it is oftenerroneously assumed by police that if there is no breach of duty evidenced, then there isno problem of conflict of interest.The study also offers an important insight into the oversight and accountabilityprocesses involved in Victoria Police, emphasising the importance and effectiveness ofthe oversight role of the office of the Victorian Ombudsman. Evidence also suggeststhat the internal review processes within Victoria Police are by-and-large stringent, andthat senior police management are genuinely interested in making police officers moreaccountable for their actions. However, it is concluded that both front-line operationalpolice officer and police management often have a limited understanding of conflict ofinterest, and problems attendant to conflicts of interest.The study’s insights into the problem of conflict of interest are significant insofaras this problem is related to police misconduct—ranging from minor to serious—ofvarious kinds. Attention to the problem of conflict of interest may be an importantelement in preventing “upstream” police misconduct and corruption.