The Authority oversaw a Police investigation into an allegation that an off-duty officer was seen engaging in consensual sexual activity with a civilian acquaintance inside a parked car in a train station carpark.
The liaison occurred around 6pm while it was still daylight and lasted approximately 15 minutes. The behaviour was observed by a member of the public crossing a footbridge overlooking the vehicle who reported this to police. The subject officer was identified through subsequent inquiries.
The officer and the other participant both admitted to engaging in sexual activity under the belief that they had taken necessary steps to avoid being seen by others.
At the conclusion of the criminal investigation, the investigating officer determined there was sufficient evidence that both parties committed an offence under section 125 of the Crimes Act 1961 – Indecent act in a public place, and recommended prosecution was in the public interest. The Authority agreed with the investigator’s recommendation.
The matter was subsequently referred to the Police Criminal Charging Panel for consideration. The panel determined that prosecution was not in the public interest, therefore the officer and other participant were not charged.
While the Authority disagrees with the charging panel’s determination on the public interest of prosecution, the Authority acknowledges that the decision on whether to charge their staff (or any member of the public) is solely a matter for Police. The Authority cannot intervene in those decisions.
Police then undertook a confidential employment process and determined the officer breached their Code of Conduct. The officer was sanctioned for their behaviour, and they apologised to the notifier for the distress caused.
The Authority is satisfied Police undertook an appropriate process to consider the issues in the circumstances.
IPCA: 24-21606