Quis custodes custodiet?" Who will guard the guardians? : towards breaking the recurring pattern of corruption within Australian police services - following the New South Wales Royal Commission into Police corruption

Abstract

This paper examines the recurring pattern of corruption in Australian Police Services. It focuses on the New South Wales Royal Commission into Police Corruption and subsequent legal and structural reforms which were intended to make police more accountable and less susceptible to corrupt practices. It also draws analogies to other States throughout Australia and overseas which indicate that police corruption is not confined to New South Wales but rather is a widespread problem which has been inadequately dealt with by law reformers, Police Services, and politicians for decades. This paper considers the reforms introduced in New South Wales and their likely impact on police practices. It also considers whether or not police corruption is an issue that is capable of being adequately dealt with by legal or even structural change. This paper outlines many of the underlying social issues which have fostered police corruption and accepts that, even after the reforms introduced by the Royal Commission, few have been adequately addressed. Findings suggest that new police officers are mostly honest, ethical and idealistic. It is generally after working the streets for a few years that officers become disillusioned and cynical (and corrupt practices are accepted). This process, in which organisational commitment and job satisfaction is eroded, is caused by a number of factors; many of which cannot be adequately addressed through legal and structural reform. These factors include inappropriate expectations being placed on police officers by the Police Service and society in general, the unwillingness of the Service as a whole to accept its own limitations and to be open and honest about what it can and cannot achieve, continuing exposure to what police officers believe is a failing criminal justice system, and constant media criticism which is perceived as being biased and inaccurate. The paper finds that, despite its importance, there are very real limits on the effectiveness of formal law reform in eradicating (or even significantly reducing) police corruption. This is particularly so given the nature of police work and difficulties associated with supervising police discretion. For this reason despite their cost, Royal Commissions are far more effective in exposing corrupt practices than they are at initiating necessary change. Ultimately individual police officers, the Police Service, and the public must address the fundamental social issues which cause police disillusionment and erode organisational commitment if lasting reforms are to take place. It is not, and never has been enough, to simply enmesh police officers in a system of institutional controls and hope that this will promote accountability and professional conduct. Show more