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Policy for OPC responding to threats to staff safety

1 Purpose

The Office of the Privacy Commissioner (OPC) provides services public services under the Privacy Act 2020 and engages with members of the public to provide these services.

OPC has a duty to ensure the health and safety of staff when interacting with members of the public.  In particular, violence or threats of violence, create risks to our staff and are never acceptable. According to Worksafe guidance, violence can take many forms – ranging from physical assault and verbal abuse to intimidation and low-level threatening behaviour. OPC has therefore adopted a zero tolerance approach to threats made to OPC staff.

This policy sets out the steps available to protect OPC and its staff by promptly responding to any threat or risk of violence from a member of the public and the potential safety issues that may arise.

OPC’s response to a threat will be to take appropriate action in the circumstances. Giving a discretionary warning to the individual is one potential response to a matter of concern, however this is not a necessary prior step for OPC to issue a trespass notice or to report a threat to the Police, to take any other appropriate action to respond to a threat to OPC (made either directly or indirectly).

All threats or potential threats of violence to be reported

OPC staff are to report any threat or perceived risk that an issue may escalate to a threat or any matter of concern to their Manager. [See OPC’s policy for Managing Unreasonable Complainant Conduct for unreasonable behaviours that can constitute a threat of violence.]

The Manager will promptly inform the General Manager or a member of the SLT to consider if action should be taken under this policy.

2 Warnings

Any matter of concern arising from unreasonable conduct by a member of the public that negatively affects OPC staff and their ability to perform their duties, may result in OPC providing a warning to an individual that their behaviour does not meet the standards required to engage with OPC’s services.

Warnings can be delivered by an OPC Manager or SLT member, as appropriate in the circumstances.

3 Reporting threats to the Police

Where a matter of concern is reported by staff, this will be promptly assessed by the General Manager or relevant SLT member. Following assessment of the issue reported and the risk posed to OPC staff (including in light of any previous behaviour directed at OPC by the individual concerned), the General Manager or SLT member will decide if the issue raises a threat. If so, any identified threat directed at OPC will be reported to NZ Police in accordance with OPC’s zero tolerance approach to managing threats of violence. 

How threats to be reported to Police

The report will be made via the Police 105 Non-Emergency Reporting. 

If the threat is serious and/or imminent, the report will be made via the 111 emergency call line.

The SLT member reporting a threat to Police will record the reporting and inform the SLT and relevant staff members of the report and the Police response.

4 Trespass policy

OPC may issue a trespass notice as necessary or where a threat or circumstances dictate.

Trespass notices may be issued to:

• ensure the safety and wellbeing of staff or visitors on OPC premises
• prevent or minimise damage to OPC property or premises
• prevent disruption of services by OPC
• maintain proper management of OPC

This policy should be read in conjunction with Trespass Act 1980.

The following procedure will be followed by OPC when issuing a Trespass Notice: 

5 Follow up procedures

The SLT member making a Police report, issuing a trespass notice, or taking other steps to respond to a threat or matter of concern will record the steps taken in the Incident Register, set any necessary systems’ alerts, and limits on interactions with the individual concerned and report to SLT and relevant staff members. SLT will review whether any additional steps are necessary in the circumstances to protect the safety of staff. 

The OPC Legislative Compliance Working Group will also review whether changes to policies or procedures are necessary in light of any particular incident.