F062 - Fire Orders

(1) "Fire Orders" are operationally specific instructions on the circumstances in which members of Police may use firearms, which are detailed in General Instruction F061 - Use of Firearms by Police.

(2) Every sworn member of Police who is issued with a firearm in the course of duty is personally responsible for ensuring that he or she is thoroughly conversant with relevant law, particularly sections 39, 40, 41, 48 and 62 of the Crimes Act 1961, and policy as outlined in General Instruction F061.

(3) A summary of provisions of F061 is printed as an aide memoire on the inside cover of the Police issue notebooks.

(4) On occasions where firearms are issued in advance of commencement of special operations, and time and circumstances permit, Fire Orders are to be given by operation or unit commanders as part of the operation briefing.

(5) In other operational situations where firearms are issued, if time and circumstances permit, supervisors should draw the attention of members to the information printed as the Fire Orders aide memoire.

(6) Pocket-sized laminated cards bearing the same information shall be stored with all Police firearms, including firearms safes in police stations and in vehicle firearm security cabinets, to be available for members to uplift and carry with them should they deem it necessary.

(7) On every occasion when members receive formal firearms training, the member shall be required by the instructor to demonstrate his or her thorough knowledge and understanding of F061.

F066 - Discharge of Firearms by Police

(1) A police firearm may be discharged in the following ways:

(a) deliberately under the circumstances described in General Instruction F61;

(b) deliberately during training as authorised in General Instruction F63;

(c) deliberately to destroy animals as authorised in General Instruction F63;

(d) deliberately, but with an unintended result, eg a training injury;

(e) unintentionally, eg, discharging a weapon believed to be unloaded;

(f) accidentally, ie, a firearm malfunction or firearm fault causing the weapon to discharge.

(2) The following instructions relate only to discharges as described under (1)(a), (d), (e) and (f) above.

(3) On each occasion a member discharges a police firearm the following immediate action shall be taken as soon as it is safe to do so:

(a) MARK the position of the member, empty cartridge case, bullet fragments, injured or deceased persons, or any other items or persons associated with the discharge.

(b) PRESERVE the cartridge case and where possible the bullet or bullet fragments.

(c) SECURE the firearm and remaining rounds.

(d) ADVISE the member's immediate supervisor who shall promptly advise the District Commander.

(4) In the cases of discharges under (1)(d), (e) and (f) above, the member at that time in charge of the operation, scene or training, if not a commissioned officer shall, where practicable advise the appropriate commissioned officer of the incident. That commissioned officer shall give immediate consideration to suspending the member involved from drawing or using a firearm. If a commissioned officer is not readily contactable the member in charge at that time shall make that decision. The District Commander is to be advised accordingly. If the initial investigation suggests no culpability on behalf of the member the District Commander may remove any suspension imposed.

(5) On receiving advice of a discharge, the District Commander shall:

(a) In the case of death or serious injury, immediately advise the National Manager : Professional Standards of the incident, regardless of the apparent cause.

(b) In the case of any other unintentional discharge, advise the National Manager : Professional Standards within 48 hours of the incident.

(c) Appoint a commissioned officer to oversee the investigation into the incident. Both the investigating officer and the commissioned officer appointed to oversee the investigation shall not be persons having direct line supervision of the member involved in the discharge.

(6) Upon receipt of initial advice from the District Commander of an unintentional discharge, the National Manager : Professional Standards shall:

(a) Determine whether the circumstances of the discharge warrant that the PCA be advised; and

(b) Advise the National Manager : Operations if the unintentional discharge appears to have a potential impact on any current training, policy, safety or related issues, which may require urgent action.

(7) The scope and scale of the investigation will largely depend on the nature of the discharge, the result, any death or injury, or the potential for death or injury.

(8) In all cases the culpability of the member involved in the discharge must be adequately investigated and reported on with due consideration to appropriate legislation and police firearms safety policy and procedures.

(9) In most cases of discharge as described under 1 a), (d and (e), it will be necessary for the firearm to be forwarded to the Police Armoury for examination and a report obtained.

(10) In all cases where it is considered that the discharge was accidental, as defined in 1(f) above, the firearm must be forwarded to the Police Armoury and a report obtained.

(11) The completed file is to be forwarded by the District Commander to the National Manager : Professional Standards recommending the action to be taken. Where it has been established that the member has been careless or has breached procedures, District Commanders are, in addition to considering any criminal or disciplinary charges, consider continuing any suspension and/or any remedial training necessary.

(12) After completion of action required, the National Manager : Professional Standards is to forward the file to the National Manager : Operations for consideration of policy, safety or other related issues.