The Authority oversaw a Police investigation after a Police officer concealed a small bag containing a controlled drug while off duty at a work function. The officer gave Police inconsistent explanations as to how he came to be in possession of it. The officer also failed to inform Police of a urine test which showed the presence of drugs.
The Police investigation found that there was sufficient evidence to charge the officer with possession of a controlled drug, under section 7(1)(a) of the Misuse of Drugs Act 1975.
However, Police found that a prosecution was not in the public interest and instead carried an employment process for the officer. In making this assessment, Police noted that:
• their drug and alcohol policy seeks to prioritise a rehabilitative approach to manage staff with drug and alcohol difficulties;
• a member of the public found in similar circumstances, as a first-time offender, would likely be dealt with through an alternative, health-based approach;
• any penalty imposed by the Court was likely to be minimal; and
• an employment process was an appropriate alternative to prosecution in the circumstances.
The Authority agreed with this assessment.
During the employment process, the officer resigned from Police. However, Police decided his alleged actions met the threshold for serious misconduct, so they continued their employment process and ultimately found that the majority of the allegations relating to the incident were upheld.
The Authority is satisfied with the Police investigation and agrees with Police finding.
IPCA: 24-25604