Are Police acting under their Code of Conduct?
NORTHERN TERRITORY OF AUSTRALIA
POLICE ADMINISTRATION ACT
1978
14A
General orders
Below is N.T. Police Code of Conduct as issued under order in writing by the Commissioner of Police and therefore binding on all members of the force
as prescribed by 14A of the Police Administration Act above.
POLICE ADMINISTRATION ACT 1978 - SECT 76
Breaches of discipline
A member commits a breach of discipline if the member:
(a) engages in disgraceful or improper conduct, either on or off duty; or
(b) is negligent, inefficient or careless in the discharge of the member's duties; or
(c) contravenes or fails to comply with a provision of a Code of Conduct referred to in section 14A(2); or
(d) fails to obey a lawful direction, instruction or order given by, or caused to be issued by, the Commissioner or a member or person having authority over the member, including general orders and instructions issued under section 14A(1) and directions, instructions or orders given in relation to a breach of discipline or an alleged breach of discipline;
If one was confronted by a Police member one needs to record the incident, audio recording is sufficient to protect your lawful interests,
This is lawful under the Surveillance Devices Act, you are entitled to record your business for the lawful protection of your own affairs. It is not lawful to record someone else's affairs if you are not privy to the conversation (You must be participating in the conversation, so if recording for a friend make sure you engage in the conversation at least once to record lawfully).
One would ask if approached by police "Is it not so I do not have to engage with Police if I have not committed a crime?"
One that has not committed an offence is under no obligation to speak to police.
If the Police Officer persists in their action one would ask if he is acting under his code of conduct and if he has engaged
the S.A.F.E. Test (See Code of Conduct above page 12) when engaging with you.
If the officer fails to act under his Code of Conduct or engage the S.A.F.E. test he is operating in his private capacity and can be sued as such.
Police TORTs only apply if the officer Acts lawfully under the code, also if acting outside of the Code he engages in breaches of the Commonwealth law and engages in Unconscionable Conduct which is a $1.1 million dollar fine.
From our experience with Police If you know and understand the facts above Police will walk away from you and move onto someone not versed in the information. Over time they will not engage with you at all if you employ the above information when speaking with Police.
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