A new guideline has been introduced outlining escalating sanctions for staff who inappropriately access or misuse Police-held information. It focuses on consistency, fair treatment and reinforces the seriousness of privacy breaches – especially around access to the National Intelligence Application (NIA) and other sensitive databases.

The guidance categorises behaviour into three levels, from minor, unintentional access to potentially criminal misuse for personal gain. It also outlines specific aggravating factors such as concealment, role, seniority, or large-scale data browsing that may elevate the level of misconduct.

Association senior legal adviser Harley Dwyer says the change brings clarity for members and managers alike. “The new sanctions guideline provides a clear distinction between misconduct and serious misconduct,” says Harley. “It will provide greater consistency around outcomes based on specified aggravating factors.”

Harley also says that the new framework applies only to conduct from May 19, 2025, onward. 

“Any alleged breach of the Code of Conduct is considered alongside policy that was in place at the time. If Police are investigating inappropriate NIA checks that occurred before May 19, they cannot legitimately apply this new sanctions table to it because it did not exist at the time the conduct occurred.”

That said, the new guideline is aligned with longstanding expectations and largely reflects current outcomes, Harley says. “The sanctions table is not unreasonable in terms of outcomes given the length of time NIA has been considered an issue.

“Police has consistently advised members that NIA checks are to be for work-related purposes only,” says Harley. “But we have seen members fall short of those expectations. The association is hopeful this escalating sanction guideline will generate discussion and greater awareness of expectations while providing clarity of outcomes.”