Sensitive: Personal FOUO Background 00, farce & & oS oO PS F oe OOS e000) eS o SMF PF PV SSL SS PP Ss co SY LS oe S ok Or gO? Pe CS © Ne SF @® ee y corm z0r7se 25Sensitive: Personal FOUO, Incident ‘The incident relates to ACT PROMIS Production Case sArFe) Original Incident Type - Drug Incident; Incident Date - 221480) (On this date | 294i" and | sz) were on ther rostered Shift performing general duties at 224k) Police Station, ACT. “The two officers responded to the call for police assistance, involving trespasser and possiole drugs, at the subject premises," 2aQia an)” (hereinatter refered to 2s “the premsee” The trespasser was Identified as sation 2x04 = a ee < Es Cs SS OS v Pe aS Sash x0 eri 9° of Sah S PS WPF AO Q satin stn so. 3Sensitive: Personal FOUO FINDING: ESTABLISHED sa has not engaged in conduct that contravenes the professional standards of the AFP as there is no evidence to establish that Conduct tase 2 on enya) setiously breached Section 8.5 of the AFP Code of Conduct (An AFP appointee must comply with all Australian aw. For this purpose, Australian law means: e. any Act, or any instrument made under an Act; b. any law of a state or territory, including any instrument made under such 3 law) ‘when he flushed a quantity of unknown pis dovin the toilet, thereby falling to lodge the lls in an appropriate manner, contrary to the AFP National Guldeline on property anc exhibits FINDING: NOT ESTABLISHED ene has engaged in conduct that ‘contravenes the professional. standards of the AFP a: there Is ‘evidence to establish that: Conduct tase 4 on sea) seriously breached Sectioh 8.2 of the AFP Code of Conduct (an AFP appointee must act with due care and diligence in the course of AFP duties) when he failed to seize @ quantity of cannabis when he was obliged to do 0. FINDING: ESTABLISHED R081 has engaged in conduct that contravenes the professional standards of the AFP as there Is evidence to establish that coRM 2017456 Conduct tssue 5 On saya seriousiy breached Section 8.2 of the AFP Code of Conduct (An AFP appointee must act with due care and dilgence In the course of AFP duties) when he failed to seize a quantity of suspected stolen goods when he was obliged to ¢0 80, FINDIN| :STABLISHEDSensitive: Personal FOUO sea hhas not engaged In corduct that contravenes the professional standards of the AFP 22 there Is mo evidence to establish that Conduct tssue 6 on saan ‘seriously breached Section 8.5 of the AFP Code of Cancuct| (An AFP appointee must compiy with all Australian lens. For this purpose, Australian law means: a, any Act, oF any Instrument made under an Act; b. any law of a state or territory, including any instrument made under suck a law) ‘when he flushed a quantity of unknown pills down the tolet, thereby falling to lodge the pils in en appropriate menner, contrary tothe AFP Nationel Guideline on property end exhibits FINDING: NOT ESTABLISHED szanjom has engaged 6 conduct that contravenes the professional standards of; the AFP as there is evidence to establish thet: Conduct tssue 7 ‘On or about S260 saniienl® aepusy SSechea Section 8:5 of tre AFP Code ‘of Conduct (An APP" appointee must comply with all Austialan iss... For thls: purpose, Australian law means: a, any. Act, or any listrument made under an Act; b. any law of 2: state! or temtorycIneluding any Instrument mede under Such @ law) ihn he falled to report the contravention of AFP Professional Standards by a member, contrary to the Section 30.2 of the AFP Commissioner's Order on Professional ‘Stendards,. S FINDING: ESTABLISHED szxiyo) has engaged in conduct that contravenes the professional standards of the AFP as there is evidence to ‘establish that: Conduct rssue 8 on sony) seriously preached Section 8.5 of the AFP Code of Conduct (An AFP appointee must comply with all Australian laws. For this purpose, Australian law means: a. any Act, or any Instrument made under an Act; b. any [aw of state or territory including any Instrument made under such a law) Is ‘oR 2017158 aSensitive: Personal FOUO, when flied to properly record the seizure of propetty from premises ean ‘contrary tthe AFP National Guideline on property and exhibits. FINDING: ESTABLISHED sea) has engaged In corduct that contravenes the professional standards of the AFP a0 there ia evidence to establish that Conduct tssue 9 on sa seriously breached Section 8.2 ofthe AFP Cede of Conduct (An AFP appointee must act with due care and diligence in the course of AFP duties) when he neglected to proaerly perform his duties in the management of the police response to the call for police assistance made by. szatynion area) s2nv08) FINDING: ESTABLISHED Recommendations [sa result ofthe above, 1 recommend that 4. The following natifications occu? concerning the outcomes of the investigation into this complaint 2. Advise the Complainant. s2xsjavm about the outcome of this Investigation; by advise ia about the outcome of this jnvestiation; c. Advise SPN) ‘about the outcome of this Investigation: 4 sere ©. Advise the ACT Chief Police Officer about the outcome of this, Investigation, 2, The following sanctions are considered a s2qsiam Is to be formally counselled and his PDA endorsed accordinelv: b saya Is to be formally courselled and his PDA enorsed accordingly; «IE's open to the ACT Chief Police Officer to consider ruture higher duties entitlements for saci and coRM 20171486 8Sensitive: Personal FOUO 4 S209) |s to be informed that should any similar failures with regards to. his work performance occur "he wil be subjected to suitable employment considerations ‘This matter is finalised. sais) Adjudication Panel Member D Professional Standards Pq tune 2015 cor 2017458FOUO Sensitive: Personal Australian Federal Police Professional Standards (PRS) ADJUDICATION OF A CATEGORY 3 AFP CONDUCT ISSUE AFP appointee: aa PRSPROMIS: 70750 RAMS: raz PRS FILE: 2014/085 Preamble 1, saxon) the Adjudicator for this matter, asa member of the Are professional Standards Adjudication Panel, have adjudiated on this ‘matter as outlined below. In making my findings 1 note thatthe professional standards of he AFP as they are to be complied with by AFP appointees are determined through. the Australian Federal Police Act 1979 (the Act); the Australian Federal Police Regulations 1979; Commissioner's Orders; The AFP Core Values; ‘The AFP Code of Conduct; Commander's Orders; National Guidelines; Practical Guidelines; and, AFP. Policies (section & of the AFP Commissioner's Order on Professional Standari!s) ‘An AFP appointee contravenes. tHe! professional standards of zhe AFP If there is sufficient evidence to establish using the civil standar¢ of proof ~ that they have engaged in conduct whereby they heve faled tw wun with the professional standards of the AFP In ceaching my findings ih this’ matter, 1 nave relied upon the Professional ‘Standards Investigation Report (PRSIR) produced as required by Section 40TU(1)(a) and presented to Manager Professional Standards, the ‘Head Of the Unit’ as requires by Section 407U(1)(b) of the AFP Act 1979, 1 have also taken Into account the Natural Justice Response (WR) from the subject of the complaint. Both of these documents are annexed to this Report and form part of the statement of reasans for the final decision, Annexed Documents: ‘Annex i _[Tnvestigations Report ‘Annex 2 | Natural Justice Response Information Giving Rise to the AFP Conduct Issue’s (the Complaint) (On 2219009, Complaint Recordina and Manacement Svstem ‘CRAMS) case 7412 was raised by saan S24) This case was reported following contact from the Australian Capital Terrtary Corrective Services (ACTCS), corm 2017456FOUO Sensitive: Personal szaryai% was telephoned on. zon 20) based at the Alexander Maconochile Centre came) 240109) stated an ACTCS Investigation had commenced into the allegation that an ACT Policing (ACT) member had accessed an ACTCS Computer terminal and sent restricted ACTCS information to an £FP emall acaress Background “The governance pertaining to this investiga the Memorandum of Understanding between ACT Corrective See ait the Australian Federal Police (ACK Potcing) working relaionships (EXT10014), "the MOU ‘The MoU was pybishied oo 24 March 2010, ‘The Territory Records Act 2002 (ACT) and the Corrections Management ‘Act 2007 were reviewed, though te circumstances do not support the full elements of any offence therein Summary of Adjudicator Findings + Duc to\the cofplenties of this PRS Investigation I have used the Majority “UF the PRS Investigation Report as part of the Agjuslcation. The information is very relevant to ensure all the facts are contained inthis document; ‘+ The PRS investigation has been thorough and contains sufficient {acts to justify the decisions and recommencations made relating € the three conduct Issues; + On 8 September 2014, sca participated in directed interview. *2298 reported the complaint against s2aa) to PRS on behalf of ACTCS, ‘oROM 2047186 aFOUO Sensitive: Personal a “aH sz) Inclusion saa san ACTCS sont based at the ANC. + szamyian received a telephone call from szxsiaan Nai) ‘advised her that an ACTP member had ‘accessed the ACTCS computer system on 22:0 and that ACTCS were commencing an investigation into the matter, As 2 ‘result of this conversation, 220sn01- submitted @ CRAMS. report. + szsiat telephoned the PRS Operations Monitoring Committee (OMC) to seek further advice. + szxnim provided an account ofthe formation provided to her by szxniam a5 contained within section 4.2 of thls report. + sz204mn outlined best practicé for ACTP members requiring Information from ACTCS. 2m + spRimen made notes her conversation with —s:2¢ya) + On 12 september 2014, seca zaymattended the PRS olfice and participated in a Taped Record ‘of Conversation (TROC) with the investigating officer. sa 6 sea) mt ‘2x0 1 Is aware of the MoU between ACTP and ACTCS. + 2409 provided PRS with a summary of the ACTCS: Investigation to date and adopted this summary during his TROC. + About 1200hr= on szaryaiy ACTCS 2201009 informed zero saz that zane) had used =z) terminal coro 20171456 2FOUO Sensitive: Personal and trie to forwar¢ information to her AFP emall 1 szaeiga @af.gov.eu), ‘+ About 1400hrs that day, s2a%vsii) attended the visits reception ‘area ofthe AMC in company with s22ili) +2249) shOWEBACOK» za) the email notification from the AFP server. This document was forwarded to s2ayaim for his referencezarya ‘2x also viewed sz) Mcrosoft Outlook (email) folders. The "sent" and “deleted lems" faders were both empty. ‘This suggests that the Item wae deleted from these folders bY someone with access to them. 24048 denies any knowledge of the email or ts deletion. szanmyn requested an audit that day. + sxx provi PRS with 9 copy ofthe ei notation receved by S20 7 ‘+ About 1429hr5, 52400)" contacted OSVaatwaxy and Dévsed her tat an ACTES Investigating the nedent was Shderay. the timing ie coroborteg ym el AFP dry entry + on szanyaa—_ @6btalges'a copy of the surveliance footage from the visits area.of the AMC, - azatam_ O° accesses the empty terminal beside » s2xnia9 14:Sahrs: Cana looks over at szaymon—_sexeen, ‘then turns back to his screen, 14:93hrs: C7ANI6K looks over at sz204a¥) screen second time, points at something on it, then turns back to his screen, 229i) spends approximately thirteen minvies behing the visits reception desk, L4saonrs: —<2awyan eaves the desk area, L4:athrs:s2atiay departs the AMC in company with sett) and 22a ‘+The footage concludes about 14:45hrs corwr2nt74s6 4“FOUO Sensitive: Personal + On 17 September 2014, a TROC was conducted with <2a0m sa) ‘za conducted an ICT audit In response to the request from ACTCS. on eae 220% eon ‘outlined his credentials in ICT investigation. He has done "wundreds! OricT audits, ‘+ | x2 advised the investigating oficer of the following: S ° > ee shen . wa Noo) € = ge o. {Sze rates aortas aresut fhe examination, i emacs Saga on eS QS ted 1ST-600' the report), The report is dated une 2016; + Section 5.3,$F the report details ts conclusions as follows; “The evidence found indicates that: © The folder G:\ Corrective Services\AMC\Standing orders and procedures (Intranet)\AMC Policies and procedures’ was ‘accessed by the user account 'ACTGOV™ «2a at 14:30.0n 2404610, © The document ‘Intelligence Unit Policy.doc” was accessed by the user account ACTGOV S24W) at 14:30 on #20 sein cer 2017458 6FOUO Sensitive: Personal (©. The document was forwarded to the emeil address S010 Gafp.gov.au at 14:31 on +228) ©The email could not be raceived by the AFP gateway and a ounce reply was sent to szav\me) @act.gov.au’ at 14:31 on. =2teK ‘© The email was moved from the ‘sent tems email folder of User account ‘ACTGOV\ szaNiew) fo the ‘deleted terns’ folder of the same user at some point after being sent."; ‘+The conclusions ofthe repart are congruent wit the account Provided by sza0000 . They are further corroborated by the time and date stamp on the footage from the AMC visits reception + 0n 22 September 2014, ACTCS saan) attended the PRS office in company with "2204 and participated in a ROC. 220) often assisted -¢2i)9h)-with answering ‘questions relating to AMC practices, procedures and terminology; sean corm 2017456FOUO Sensitive: Personal + On 17 October 2014, szztNuyt) attended PRS in company with an interview frend, za and participated In a directed interview; ‘oR 20171456 aI i a ; i i i ; i