OCTOBER 2017
Help! He’s setting my kids on fire Heroic off-duty police officer saves children.
New mental health awareness campaign The PFA and Federal Government plan to help police.
WAPU campaign escalated The campaign for a fair and reasonable offer continues.
THE MAGAZINE FOR THE
WA
POLICE UNION
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OCT 2017
POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION
CONTENTS
10
Help! He’s setting my kids on fire Off-duty First Class Constable Stephanie Bochorsky risked her life to save two innocent children.
17
PFA and Government embark on mental health campaign New funding for a campaign increase public awareness of mental health in policing.
18
WAPU escalated campaign for fair and reasonable offer The fight for a fair industrial outcome saw Phase Three implemented.
4 POLICE NEWS OCTOBER 2017
20
Road trauma support assisting police officers The State’s only dedicated support service for road trauma victims also helping police.
23
WAPU Adventure Club gathers momentum Club holds its first meeting with more to come.
06 WAPU DIRECTORS AND STAFF 08 P RESIDENT’S REPORT 24 INDUSTRIAL REPORT 26 F IELD REPORT 29 LEGAL 30 M EMBER BENEFITS 31 H EALTH 33 MOTORING 34 ENTERTAINMENT 36 NEW MEMBERS 37 R ETIREMENTS, RESIGNATIONS AND VALE 39 FROM THE ARCHIVES
WA
POLICE UNION
639 Murray Street West Perth WA 6005 P (08) 9321 2155 F (08) 9321 2177 E admin@wapu.org.au OFFICE HOURS Monday-Friday 7am-4pm AFTER HOURS EMERGENCY DIRECTOR 0438 080 930 www.wapu.org.au Follow us facebook.com/WAPoliceUnion Twitter @WAPoliceUnion PUBLISHED BY WA Police Union 639 Murray Street West Perth WA 6005 (08) 9321 2155 ADVERTISING WA Police Union (08) 9321 2155 DISCLAIMER WAPU (“Publisher�) advises that the contents of this publication are the sole discretion of the WA Police Union and the magazine is offered for information purposes only. The publication has been formulated in good faith and the Publisher believes its contents to be accurate, however, the contents do not amount to a recommendation (either expressly or by implication) and should not be relied upon in lieu of specific professional advice. The Publisher disclaims all responsibility for any loss or damage which may be incurred by any reader relying upon the information contained in the publication whether that loss or damage is caused by any fault or negligence on the part of the Publishers, its Directors or employees. COPYRIGHT All materials in this publication are subject to copyright and written authorisation from WAPU is required prior to reproduction in any form. ADVERTISING Advertisements in this journal are solicited from organisations and businesses on the understanding that no special considerations other than those normally accepted in respect of commercial dealings, will be given to the advertiser. All advertising is undertaken in good faith and WAPU takes no responsibility for information contained in advertisements.
COVER Off-duty cop Stephanie Bochorsky saved the lives of two little girls after their father tried to murder them by setting them alight. ABOVE A police teddy bear for Tennille. Pictures: Jody D'Arcy.
WA
POLICE UNION
GEORGE TILBURY President 0409 105 898
24/7 EMERGENCY DIRECTOR
HARRY ARNOTT Vice President 0407 989 008
BRANDON SHORTLAND Senior Vice President 0419 802 650
MICK KELLY Treasurer & 24/7 Emergency 0438 080 930
Bunbury Australind
Board of Directors
Central Great Southern Great Southern Leeuwin Naturaliste Lower South West
Perth Police Centre Perth Watch House
WARD ADAMSON Director 0457 603 311
DAVE CURTIS Director 0400 864 591
Commissioned Officers
Eastern Goldfields
Professional Standards
North Eastern Goldfields
Prosecuting
South East Eyre
LINDSAY GARRATT Director 0407 775 050
MICK GILL Director 0427 097 000
Academy
Avon
Maylands Complex
Central Midlands
State Traffic Operations
Central West Coast Eastern Wheatbelt Gascoyne
South West Hinterland
Geraldton
Upper Great Southern
Murchison
Staff PAUL HUNT Secretary 6 POLICE NEWS OCTOBER 2017
CHRIS VITLER WENDY ROUTHAN Executive Finance Manager Personal Assistant
JESSICA PORTER Media Officer
STEVEN GLOVER Media Officer
ANDREA WYLLIE Industrial Officer
BOARD OF DIRECTORS & STAFF
PETER McGEE Director 0418 938 354
MICHAEL PATERSON Director 0412 224 374
PETER POTTHOFF Director 0407 476 679
Major Crime
Air Wing
Fremantle
Serious & Organised Crime
Armadale / Gosnells
Licensing Enforcement
Intelligence Services
Cannington
Water Police
MARK JOHNSON Director 0488 352 525
KEVIN McDONALD Director 0447 817 181
East Kimberley
Joondalup
Fortescue
Mirrabooka
North Pilbara
Northern ROG
MICHAEL HENDERSON Director 0448 803 155
West Kimberley West Pilbara
MATTHEW PAYNE Research Officer
Sex Crimes
DAVE LAMPARD Field Officer
Cockburn Central
DEAN GIACOMINI Field Officer
TARRYN SMITH Finance Officer
Midland Midland Workshops
PENNY BROWN Member Services Officer
HARRY RUSSELL Director 0412 585 429 Mandurah Rockingham / Kwinana TEG South Southern ROG
KIM RICHARDS Administration Officer
BRANCH PRESIDENTS Academy Andy Seery Air Wing John Gobbels Armadale Gosnells Paul Burke Avon Dave Flaherty Bunbury Australind Matt Fogarty Cannington Louise Brackstone Central Great Dave Groenenberg Southern Central Midlands Peter Toia Central West Coast Wayne Shaw (Vice President) Cockburn Central Matt Turner Commissioned Noreen O'Rourke Officers Eastern Goldfields Colin Johnston East Kimberley Blair Moulton East Metropolitan Cliff Daurat Eastern Wheatbelt Dayna Rigoir Fremantle Julian Donohoe Fortescue Luke Williams (Vice President) Gascoyne Kurt Weedon Geraldton Glenn Wishart Great Southern Danny Richmond Intelligence Services John Mirgiannis (Vice President) Joondalup Scott Sulley Leeuwin Naturaliste Tim Saxon Licensing Michael Sedgman Enforcement Lower South West Sasa Dzaferovic Major Crime Manus Walsh Mandurah Harry Russell Maylands Jon Groves Midland Workshops Steve Marks Mirrabooka Steve Meakins Murchison Clint Brennan (Vice President) North Eastern Chelsea Armstrong Goldfields North Pilbara Lance Munckton Northern ROG Cris Marzo Perth Police Centre Peter Henry Perth Watch House Jen Hill (Vice President) Professional Ian Moore Standards Prosecuting Jarred Gerace Rockingham Kwinana Warren Dowbysch Serious & Peter Birch Organised Crime Sex Crimes Bill Mansas South East Eyre Rob Duffey (Secretary) Southern ROG Mark Crossley South West Dave Holmberg Hinterland State Traffic Paul Gale Operations Traffic Enforcement Dave Summer Group South Upper Great Dorry Grzinic Southern WAPU NOW Amity Hudson Water Police Ryan Hayter West Kimberley Neil Vanderplank West Pilbara Steve Innerd
7
POLICE NEWS OCTOBER 2017
GEORGE TILBURY President
Industrial campaign escalated ON TUESDAY, SEPTEMBER 26, WE ESCALATED OUR INDUSTRIAL CAMPAIGN by invoking Phase Three, directing Members to return to police stations and then only to attend Priority One or Two jobs.
Comments and letters suggests the community believe we were well within our rights to escalate our action and that we deserve the pay deal promised by Mr McGowan in the lead up to the State Election.
8
We expected the escalation to be short-lived and were surprised it took the Commissioner of Police three hours to order the troops to resume full duties. We anticipated the WA Industrial Relations Commission would have urgently called us in to appear that evening, however, that did not occur until the following day. As a result of our action, we were condemned by the Government and some media however, the overwhelming sentiment on social media and correspondence we received paints a very different picture. Comments and letters suggests the community believe we were well within our rights to escalate our action and that we deserve the pay deal promised by Mr McGowan in the lead up to the State Election. At no stage was community safety compromised. I have had confirmation that all high priority jobs and incidents during our action received the appropriate attention. Mr McGowan has blown the escalation out of proportion and taken a shot at WAPU because we are not a Labor affiliated union. We are proudly apolitical and will not be deterred. His media strategy in subsequent interviews was to try and detract from our legitimate action, playing the man and not the ball. His personal attacks on myself and my leadership showed his true colours as a man and politician. An attack on WAPU is an attack on every hard working police officer, as we are all what makes our union strong. I am elected by you and the Board to lead a strong, independent Union. The Board and I intend to stay the course and will do everything in our powers to improve the working conditions of police officers in WA. How quickly some forget that you are the ones who put your lives on the line for the community and are not like any other public sector worker. Mr McGowan deals with a number of factions within his own party and should be more concerned with
his job, given he’s now angered 6,500 police officers, who are all voters. Not to mention, your families, friends and 95 per cent of the community who respect and appreciate police officers for the difficult and dangerous work you do. We intend to continue to fight hard for our Members to ensure we secure the best possible industrial agreement outcome. If we have to arbitrate, we will do it with the best legal and industrial teams. And, as we all know, police officers are excellent at gathering and presenting evidence, so it’s game on! I want to thank Members, Directors and Staff for their efforts on the night of the escalation and the days that followed. Without your support and dedication there was no way the escalation would have been successful. You can read more about our industrial campaign on page 16.
CRIMINAL INJURIES COMPENSATION ACT 2003 (WA) – COOPER V SMITH [2017] WADC 82 DECISION Last edition, I explained that WAPU has been seeking changes to the Criminal Injuries Compensation Act 2003 (WA) to cover WA police officers working interstate. I met with the Police Minister following a recent District Court of Appeal decision of Cooper v Smith [2017] WADC 82 and the impact of this decision on police officers seeking compensation for loss and/or injury, suffered on or off duty, under the CIC Act and I urged her to urgently move amendments to the Act to reaffirm the law as it was understood prior to the recent decision. The decision effectively excludes more seriously injured police officers from being able to apply for criminal compensation as these officers will be the individuals who have incurred a greater amount of sick leave and medical costs.
PRESIDENT'S REPORT
Once the amount of $75,000 is exceeded, then there is no ability to claim under this Act. For example, where a police officer has incurred, and has been compensated for, medical expenses and sick leave payments totalling $75,000 or more, they would then be unable to claim for the 'injury' itself as the compensation for the 'loss' (in this case the economic and medical costs) have already exceeded the maximum award provided by the Act. This creates a ludicrous situation where officers who receive minor injuries can still seek compensation whilst those more seriously injured officers will be excluded from seeking compensation. This development in the law is very concerning for Members. Police officers do not have workers’ compensation and a criminal injuries compensation claim is usually the only real opportunity they have to seek redress for the pain and suffering they have endured as a victim of crime. The nature of their duties makes them more liable to be victims of assaults and other heinous crimes than any other occupation in this State. Considering that orders can be (and often are) made by the Office of Criminal Injuries Compensation for recovery from offenders, the Cooper decision will make offenders who assault police officers generally less liable to make amends. Perversely, an offender will be less likely to have any order made against them for recovery if they inflict more damage on their victim police officer. That is an outrageous and scandalous situation. This recent District Court decision, in conjunction with WAPU having identified the risk associated with the nonextra-territorial operation of the CIC Act, provides ample opportunity for the State Government to amend this piece of legislation concurrently to provide the protection our frontline officers deserve. We look forward to the Government immediately addressing this issue.
This creates a ludicrous situation where officers who receive minor injuries can still seek compensation whilst those more seriously injured officers will be excluded from seeking compensation.
STAFF CHANGES WAPU has recently undergone some staffing changes. Industrial Officers Craig Fordham and Claire Lloyd have departed. Craig has left WAPU to pursue his legal career while Claire has headed back to the UK. I want to thank both of them for their efforts in the industrial space, especially over the last six months. We have two new Industrial Officers with Andrea Wyllie returning to WAPU after a hiatus of two years interstate and Katrina Taylor joining us from Employsure. Our Finance Officer Tarryn Smith has started maternity leave after giving birth to a baby boy and Kelly Lowe has commenced a contract covering that role for the next 12 months.
POLICE REMEMBRANCE DAY I once again had the privilege of attending the National Police Remembrance Day ceremony in Canberra, which is the last service of the day held in Australia. The day itself is very important in acknowledging the contribution of our brothers and sisters who made the ultimate sacrifice. We will remember them.
9
10 POLICE NEWS OCTOBER 2017
WARNING: The following article contains content that could be distressing to some readers.
“Help! He’s setting my kids on fire!” BY JESSICA PORTER
Nearly two years after attempting to murder his two young daughters, Edward John Herbert sat in the dock of the Supreme Court and listened as Justice Lindy Jenkins sentenced him to spend the next 17 years of his life in prison. Three hours before revealing the sentence, Justice Jenkins read out the horrifying details of the five offences Herbert committed on the night of August 28, 2015. But the benign courtroom could not do any justice to the intensity of that evening, where off-duty First Class Constable Stephanie Bochorsky risked her own life in order to save the lives of two innocent children. Her actions were specifically commended by the Judge and also Detective Senior Constable Brian Legge, who was assigned as the investigating officer. Det-Sen. Const. Legge said there was no doubt that the quick and selfless actions of Stephanie saved the lives of Tennille*and Sarah*, who were four and seven at the time. “There’s no doubt in mind, no doubt in the Judge’s mind, that those kids – especially Tennille and Sarah – would have been killed if it wasn’t for Steph. She deserves every credit.” ▷
11
POLICE NEWS OCTOBER 2017
01
“I said what the fuck are you talking about – get away from her. But he just kept on pouring the petrol. I knew at any moment he was going to set her on fire.”
Stephanie remembers the night vividly, but hasn’t shared the details of her story publically before now. She remembers it was a quiet Friday night in front of the TV. A documentary she was watching on a UFC fighter was interrupted by neighbours yelling across the road from her Doubleview home. She got up and investigated the noises. Opening the wooden front door, Stephanie could see her neighbour, Herbert, and his partner at the time, Rebecca* outside their house. She recalls Herbert, who was only wearing blue jocks, pacing and shouting. “He was just yelling things to the effect that ‘the Maoris are going to get me’ and Rebecca was saying things like ‘no, don’t be silly, I love you, no they’re not’,” Stephanie told Police News. Satisfied that she didn’t need to call police for attendance just yet, Stephanie sat back down and resumed her documentary, but kept the front door open just in case. It was just a minute later when Stephanie jumped up and ran towards her front door. “Rebecca let out this blood curling scream,” Stephanie said. “I just ran out onto my front porch and yelled ‘are you ok, do you need help?’ Then she said, ‘he’s setting my kids on fire’.” It was those six words that sprung Stephanie into action. In her pyjamas and socks, she ran down her front lawn, over the road and towards the house. As she passed Rebecca, Stephanie yelled for her to call the police. “I’ve opened up the flyscreen and ran into the house. The first thing I’ve seen was the living room and kitchen, but I could immediately smell petrol.” Stephanie said her attention was drawn to a room to her right. A bright light appeared to be shining. Stephanie ran towards the room, but what confronted her next was something that would forever be etched into her mind. Det-Sen. Const. Legge said he could not imagine the absolute horror that Stephanie faced that evening. “You see a lot of things in this job but that part, what Steph 12 POLICE NEWS OCTOBER 2017
02 03
saw – you still can’t fathom what that would look like. I mean you can think about it and you can imagine it.” Stephanie ran into the room and saw little Tennille standing up in her cot with her whole head engorged in flames. The bars on her cot trapped her in a flaming hell. “The fire was half a metre above her head,” Stephanie said. “I couldn’t believe it. My first instinct was to just yell out ‘oh my God’.” Stephanie quickly reacted and grabbed a blanket from Tennille’s cot and used it to dampen the flames that tore through her strawberry blonde hair and ripped at her porcelain skin. The little girl’s first instinct was to grab onto to Stephanie’s neck as tight as she could. “I could see that her whole head was black and burnt, and all I could smell was flesh.” Stephanie pulled the four-year-old out of her cot and forcefully yelled at Herbert to “get the fuck away from her” as he looked at Sarah. She then turned to see Herbert naked, with a red jerry can in his hands. He was dousing his other little girl, Sarah, in petrol. Sarah, who has non-verbal autism, just witnessed her baby sister being set alight by their father and was now at risk of experiencing the same fate. She was struggling to breathe as Herbert continued to pour the contents of the jerry can over her. “He was just looking at me and Tennille the whole time. It was like he was possessed or just not there, in another world,” Stephanie said. “He just turned to me and said why don’t you take your clothes off,” Stephanie said. “I said what the fuck are you talking about – get away from her. But he just kept on pouring the petrol. I knew at any moment he was going to set her on fire,” she said. Stephanie started to creep towards Sarah while keeping her eyes on Herbert. “I kept saying ‘it’s alright sweetie, come on, jump up’ and at that time I didn’t know why she wasn’t listening.”
“But I’ve got the back of her pyjama collar and dragged her out of bed towards the door with me as quick as I could,” Stephanie said. Stephanie ran out of the house with Sarah and Tennille. She made sure Sarah was safe with her mum before carrying Tennille back to her house. “As I’ve gone past, I’ve said ‘I’m really concerned about your little girl here, I’m taking her to my house. No one goes in that house at all until the police get here’,” Stephanie said. However, a neighbour heroically ran into the house to confront Herbert. Daniel, who lived across the road from Herbert and Rebecca, entered the house with a fire extinguisher. Justice Jenkins said Daniel found Herbert naked in the kitchen drinking beer and pacing. Daniel confronted Herbert about burning his children, to which he replied: “They are my kids to do whatever the fuck I want”. Justice Jenkins also found that Herbert told Daniel that he burnt Tennille because she was “too fucking beautiful.” Daniel then told Herbert he would be going to prison for what he did. Herbert grabbed a knife and threatened to cut his own penis off. After attempting to hit Daniel with a stubby of beer, Herbert lunged toward Daniel with a blue handled knife, trying to stab him in the stomach. However, Daniel quickly grabbed Herbert’s right arm and twisted it sufficiently so the knife fell to the floor. Daniel then grabbed the fire extinguisher and hit Herbert with it. After some struggling, Herbert remained on the floor. Another neighbour also ran into the house to remove Herbert’s son, Taylor*. It was as Taylor was leaving the house, that the neighbour heard Herbert say: “Don’t worry, I wouldn’t have lit me boy up.” Over the road, Stephanie placed Tennille on the bathroom sink to evaluate the burns to her body. Her little face was raw. “She was just sitting there whimpering, not crying at all. She was so quiet,” Stephanie said. ▷
01 Stephanie was off duty when she heard her neighbour call for help. 02 The jerry can full of petrol that Herbert used to douse his children. 03 Tennille's cot was not burnt during the attack.
13 POLICE NEWS OCTOBER 2017
“I was talking to her but I was wondering why she wasn’t looking up at me. “But I realised it looked as if her face had melted into her neck and she couldn’t look up at me. One of her ears looked like it had melted off.”
“She was so brave. So, so brave,” Stephanie remembered, as tears fell down her cheek. “I started to unbutton the top buttons and that’s when I saw how black her chest was. I thought that it’s going to need more than patting down with a wet towel, so my instinct was to put her in the bath,” she said. Stephanie remembers turning on the water and encouraging Tennille to get into the bath. But she wouldn’t release her arms from Stephanie’s neck. “I started to take my socks off to get in the shower with her fully clothed but as I got in, she let go. I put her down in the tub and quickly ran to get my phone to make sure the ambulance was coming to my house not the house across the road. I was kneeling at the tub and kept drizzling water over her with the cup of my hand,” she said. Next, Stephanie saw just how much the fire had devastated little Tennille’s body. “I was talking to her but I was wondering why she wasn’t looking up at me,” Stephanie said. “But I realised it looked as if her face had melted into her neck and she couldn’t look up at me. One of her ears looked like it had melted off.” Paramedics then entered the house and took over the care of Tennille. Ambulance officers told Stephanie it was likely that they would need to place Tennille in an induced coma because of the severity of the burns when she reached Princess Margaret Hospital. After Tennille was taken to hospital, Stephanie walked out to the police officers who were now attending the job across the road. “I was still in shock, I didn’t know what to do,” she said. Stephanie saw Herbert being walked into the back of the police van and strangely, as if he had known her movements on that night, remarked to her that she was a ‘UFC fighter’. Det-Sen. Const. Legge was working at Joondalup Detectives Office when he got the call to attend that night. He was working with another detective as crime car for the evening. 14 POLICE NEWS OCTOBER 2017
“We got a call to attend Doubleview and the text of the job was that there was a fire and children had been set on fire,” he said. “I was expecting carnage.” As a father of two children, Det-Sen. Const. Legge knew this scene would be confronting. “It doesn’t matter what age you are in the job, we’re all mums and dads. Some of us are grandparents, some have brothers and sisters… So when you start mentioning children in relation to any offence, it hits home.” The scene was eerily quiet when the detectives got on the scene. All Det-Sen. Const. Legge could hear was Herbert yelling from the pod. “There was a lot of wailing, a lot of growling, he was having conversations with people who weren’t there. That was the loudest part of the whole scene. Otherwise, it was very calm,” he said. Herbert was taken away that night to Perth Watch House and charged. However, because of his state, he was never interviewed. Investigating the events of that night, Det-Sen. Const. Legge learnt of the incredible bravery of Daniel and Stephanie. “There’s a lot of officers that I know, who wouldn’t have gone in there and did what she did and confront this potentially armed individual,” he said. “Essentially, she went in there with no consideration for her own personal safety and her sole purpose was to get those kids out. It was incredible.” Det-Sen. Const. Legge said he could only describe the scene that confronted Stephanie as ‘absolute horror’. He also praised Daniel for his quick actions to disarm Herbert and prevent any further injury or potential loss of life, without any regard for his own. Stephanie also applauded Daniel. “I thought that was really brave and courageous of him,” she said. “If he didn’t do that, who knows what would have happened. He might have lit up the house, he might have run out of the house and stabbed the women at the front door – we just don’t know. So it was very brave of him to do that.” During the trial 16 months later, Justice Jenkins also remarked on the bravery of Stephanie and Daniel. WAPU President George Tilbury said both Stephanie and Daniel deserved recognition for their extreme courage and has called for them to be given bravery awards. At sentencing, Justice Jenkins said Stephanie in particular, acted with extreme bravery. She also said Stephanie’s actions, in all likelihood, saved the lives of the two young girls. Herbert admitted all five offences: making a threat to kill, being armed with a weapon, two counts of attempted murder and doing an act as a result of which the life, health and safety of a person was endangered. Director of Public Prosecutions Amanda Forrester SC, who prosecuted the case, was able to prove that Herbert was psychotic and suffering from bipolar affective disorder. It was found that these conditions were exacerbated or induced by voluntary consumption of alcohol and cannabis. Thus, failing to satisfy the insanity defence.
Evidence was also heard that Herbert had previously told Daniel that if he were ever to be caught by police again, he would “pull the tard card”. Justice Jenkins found that Herbert told Daniel that he had done it once before and spent a few weeks in Graylands. However, he did not get away with the insanity defence this time. During the trial and sentencing, the full details of the injuries sustained by Tennille, her brother, sister and mother were made known. “Tennille was taken by ambulance to Princess Margaret Hospital. On examination, she had mixed deep partial and full thickness burns to her body, including her head, neck, face, right upper arm, right and left hands, right shoulder and chest. Thirteen per cent of her body surface area was burned with an inhalation component. [She] required immediate resuscitation, intubation and ventilation, pain management, oedema control and specialist wound care and she has required multiple surgical interventions for debridement and skin grafts. She has also required multiple general anaesthetics for dressing changes and for investigations of the burn damage to her vocal chords and right ear,” Justice Jenkins told the court. Justice Jenkins also went further and said little Tennille’s injuries were “severe and life threatening”. “Without medical intervention, the injuries would have endangered life. She is permanently scarred as a result of her injuries. Her physical movement has been restricted as a result of her injuries. She is not permitted to spend long periods outside. She cannot play like other children and she has to wear compression garments. Understandably, Tennille has ongoing emotional psychological problems, such as fear, anxiety, hypervigilance and low self-esteem.” Sarah also was taken to hospital as the petrol was poured on her eyes, mouth and ears. Like Tennille, Sarah also displays symptoms of trauma. However, because of her disability, it is hard for Sarah to communicate. This makes it difficult for her carers to treat. Their brother Taylor also displays the effects of trauma and attends counselling. Rebecca, their mother, struggles with PTSD, anxiety and depression. She said the actions of Herbert have broken her heart into many pieces. During sentencing, Herbert sat in the dock wearing a lilac business shirt. His face tattoo visible to the court. When the details of his children’s injuries were being read out, he started to cry. Justice Jenkins said she did acknowledge that Herbert had shown some level of remorse. “I have received a letter from you which expresses how sorry you are for your offences, particularly that against Tennille. You say that you are in a living hell because of what you did to her. You say you will always love your family. You blame your offences on becoming mentally ill because you smoked too much hydroponic cannabis, used too many antidepressants and alcohol. You say that you did not know that cannabis could put you into a drug-induced psychosis. For the reasons I have given, I doubt this
“She is not permitted to spend long periods outside. She cannot play like other children and she has to wear compression garments.”
is the case. Even if it is the truth, it is only because you did not learn the lessons which any sensible person would have learned from your own past behaviour,” she said. Justice Jenkins sentenced Herbert to a total of 17 years in prison. He was sentenced to two years for threatening to kill Rebecca, two years for being armed with a knife, 12 years for attempting to kill Tennille, five years for attempting to kill Sarah and three and a half years for the attempt to endanger Daniel’s life. Herbert’s sentence was backdated to August 29, 2015 was made eligible for parole after 15 years Another order made by the court was a lifetime ban on Herbert from being able to contact Sarah, Tennille or Rebecca. Taylor can decide if he wants to communicate with Herbert two years after he is released from prison. During the trial, it was difficult for Stephanie to relive the events of August 28, 2015. ▷
01
01 A police teddy bear Stephanie has kept for Tennille.
15 POLICE NEWS OCTOBER 2017
“It’s definitely emotional. It’s something that I get choked up about now. I’ve only discussed it with my partner Scott and best friend Leah so it’s not something that I go into great detail with because of the memories of what I saw that night.”
Upon seeing Herbert, Stephanie said she felt shivers up her spine. “He definitely looked like a different person to what I saw that day. But he was just feeling sorry for himself… and I don’t have sympathy for that.” The memories have continually haunted Stephanie. She has had trouble sleeping and experiences nightmares. She needed to take a month off work after the incident to get back to her normal self. “It’s definitely emotional. It’s something that I get choked up about now. I’ve only discussed it with my partner Scott and best friend Leah so it’s not something that I go into great detail with because of the memories of what I saw that night,” she said. “Scott and Leah were my rocks. If it weren’t for their loyalty, love and ongoing support, I would have let my inner demons consume me.” Stephanie still has nightmares about little Tennille in her cot with her head on fire and nowhere to run. But asked if she would do it all again, she replied: “Absolutely”. “I have a police teddy bear that I am going to give Tennille. I am always thinking about her and hoping that she is ok,” Stephanie said. Det-Sen. Const. Legge said every single officer involved in the investigation deserves credit for the successful outcome in the Supreme Court.
*Names have been changed to protect the identity of the family. 16 POLICE NEWS OCTOBER 2017
“From the attending officers right through to the DPP, everybody who was involved in this process should be commended. I look at the guys in the team and everybody contributed. Uniformed officers and detectives worked together and we got it done. And as far as I’m concerned we had one of the best prosecutors in the State, Amanda Forrester, prosecuting the matter and we got the result we sought,” he said. “Steph was crucial, but every copper in the job deserves credit – 100 per cent.” Speaking to Police News a day before little Tennille’s sixth birthday, he said the family were now trying to get over this horrendous crime. “I actually got a card from the family and one for Steph too,” he said. “Rebecca takes it day by day. She’s getting stronger, the kids are getting stronger. Tennille still sleeps with mum at the moment, which is probably normal. She’s very shy about her body because she sees the scarring now. But they’re dealing with counsellors and helping her through it,” he said. “The kids have an awesome mum, they have a good family unit around them. She’s doing ok, considering.”
PFA and the Government embark on mental health campaign BY FIONA WADE
A
t the recent Police Federation of Australia (PFA) Federal Council Meeting, the PFA announced it had obtained $1 million from the Federal Government. The funds, made available via the Proceeds of Crime Act, will assist in the funding of a national member awareness campaign that targets the mental wellbeing of our members. Announced by the Minister for Justice Michael Keenan at the meeting, PFA President Mark Carroll said the organisation appreciated the government’s timely boost to the campaign. “The funding is going to help us increase public awareness of mental health among police officers,” he said. Importantly, the campaign will ensure that the avenues of support that are available to police are well known, so no one is ever on their own in their battles. Mr Keenan said mental health issues must be discussed, and not swept under the rug. “Australia’s police selflessly take care of us, and we must ensure we take care of them,” he said. “Incidents not only impact a victim, but can take a toll on those police officers involved. When you couple this with a work environment that greatly values stoicism and self-reliance, this can have a devastating impact on the mental health of our officers.” With the full support of all the nation’s state and territory police unions, the campaign will promote awareness, understanding, prevention and early intervention of mental health issues through print, television, social media, Apps, workshops and the production of a documentary-style video. Over the course of a policing career, an officer may investigate serious crime that not only has a psychological impact on the victim, but can have a lasting effect on the investigating officer as well.
It is this work environment, coupled with policing culture that can adversely impact upon the mental health of an officer, and contribute to high rates of post-traumatic stress disorder (PTSD) and depression. PTSD is the most frequently reported occupational disorder in policing. Data suggests that one in six first responders suffer from some form of diagnosed mental health issue, including PTSD. Effective treatments are available for PTSD and the optimum outcome is for the police officer to be returned to meaningful work as soon as practicable. By educating the work force on the importance of early detection and destigmatising mental illness, there is hope that a lesser impact on the officer, their families and the workplace will be felt. “As the cost of psychological injuries continue to rise, jurisdictions are using resources that could otherwise be used on crime prevention and law enforcement measures,” Mr Carroll said. “But we recognise that growing this awareness and understanding– and doing away with the stigma that surrounds mental ill health – will require a significant cultural change right across our profession, and this sort of cultural change will require a comprehensive, sustained and integrated program of work. This funding will help the PFA meet that challenge.” The PFA have been working with John Schumann, best known as the front man of iconic Australian folk band, Redgum, to develop the campaign. It is envisaged that the campaign will go some way to break down the stigma of mental health and encourage police officers to ask for help. The funding will be provided to the PFA over two years, with work on the campaign to commence over the coming months. 17 POLICE NEWS OCTOBER 2017
WAPU ESCALATED CAMPAIGN FOR FAIR AND REASONABLE OFFER BY STEVEN GLOVER
The WA Police Union escalated its industrial campaign last month when it instructed Members to return to police stations and only attend high priority jobs. The escalation came after the WAPU Board of Directors suspended the campaign for two weeks in an attempt to finalise a negotiated outcome. A further two-week suspension was added to allow more time for Premier Mark McGowan to come to the table and present a new Offer. However, the new Offer was very similar to what was initially presented and did not include key items such as the previously promised 1.5 per cent pay increase and the introduction of a 38-hour working week. At 5.15pm on Tuesday September 26, Phase Three action was initiated and Members were instructed to return to police stations. “After six months of negotiating in good faith, suspending our industrial campaign to allow for high level talks and not receiving an adequate offer from Government, there is no option but to further escalate our industrial action,” WAPU President George Tilbury said in a newsletter to Members. “WAPU is furious that the Government has shown absolutely no goodwill towards police officers, demonstrating a clear lack of understanding about the difficult and dangerous work you do. Government also failed to recognise that police are unique and unlike any other public sector worker. Suggestions put forward included a number of items, such as additional allowances, improved conditions and delayed implementation. However, this has all fallen on deaf ears. “The Premier and his Government have shown no intestinal fortitude to resolve this impasse and we are sick of police officers being treated with contempt.” In that same newsletter to Members, Mr Tilbury said community safety was not to be compromised. 18 POLICE NEWS OCTOBER 2017
The expectation was that the industrial action would be cut off shortly after it began however, it took three hours for WA Police Commissioner Chris Dawson to order the troops back to work. “We always knew this industrial action would be shortlived and we expected either the WA Industrial Relations Commission or the Commissioner of Police to end it shortly after it began. Within 10 minutes of the Commissioner’s broadcast, we instructed our Members to comply, as it was a lawful order,” Mr Tilbury told a packed media conference the following day. The WAPU President also responded to comments made by the Premier. Mr McGowan said the action potentially compromised community safety while Mr Tilbury confirmed that it did not put the people of WA at risk. “Community safety was not compromised and to ensure that it wasn’t, I had Directors on the ground right across the State and I was in the field myself. “I was monitoring jobs from all the districts that were coming in ensuring where someone should attend, they did attend and our Members were doing the right thing. They would never compromise community safety and nor would we. “The Premier is throwing out potentials that may happen, could happen but I’m here to tell you it didn’t happen and I was out in the field with other Directors and we were going to make sure that was never going to happen.” Mr Tilbury said the action had been planned for more than a month and the Board did not make the decision to escalate lightly.
“They (WAPU Members) would never compromise community safety and nor would we.”
“We needed to send a clear message to the government because they have refused over the last six months to negotiate. What Mr McGowan is telling everyone is purely lip service, we have been prepared to look at alternative conditions and they have not come to the party.” “We needed to do something to get the Government’s attention and move this matter on. It has been going on for six months unresolved,” he said. “We needed to send a clear message to the government because they have refused over the last six months to negotiate. What Mr McGowan is telling everyone is purely lip service, we have been prepared to look at alternative conditions and they have not come to the party.” Mr Tilbury said the escalation had been a success. “It has highlighted how this Government is treating our Members, the police officers who put their lives on the line for members of our community,” he said. “No one was adversely affected, community safety was not compromised and at the end of the day we are probably going to get somewhere, however that determination may be made.” Later that day, WAPU attended the WA Industrial Relations Commission along with representatives from government. Orders were made to cease all industrial action and to restore WAPU’s access to the WA Police email system. All orders were complied with immediately. Mr Tilbury said he was disappointed some managers were unsupportive and acted against the interest of Members.
“WAPU became aware that a couple of managers allegedly acted contrary to a number of provisions under Section 96 of the Industrial Relations Act. Namely, seeking the identity of Members who participated in the industrial action and whether those officers were WAPU Members,” Mr Tilbury said. “For the record, the couple of managers who crossed this line were non-commissioned officers. “Complaints were received on the night, however, none have been formalised. If formal complaints are received, according to our Constitution, it would be at that time that an individual’s WAPU Membership would be reviewed. “WAPU Members do not want their protected rights to be impinged by those contravening the Industrial Relations Act. The WAPU industrial action was lawful and Union Members should not be intimidated or treated less favourably because of their membership.”
01
01 George Tilbury watches on as Premier Mark McGowan addresses the WAPU Rally in August.
At the time of going to print, WAPU had advised the Government that the latest Offer was rejected and was awaiting orders from the WA Industrial Relations Commission. 19 POLICE NEWS OCTOBER 2017
Road trauma support assisting police officers 20 POLICE NEWS OCTOBER 2017
Road Trauma Support WA (RTSWA) is the State’s only dedicated service supporting all West Australians impacted by road trauma. The service was established in November 2013, following years of advocating for a dedicated service for those impacted by road trauma in Western Australia. It was led by Glenda and Alan Maloney, who lost their 19-year-old daughter Skye in a road crash in 1999. Injury Matters (formerly the Injury Control Council of WA) was awarded the contract for service delivery in 2012 and on Sunday, November 17, 2013, on the annual World Day of Remembrance for Road Traffic Victims, Road Trauma Support WA was launched with the head of trauma services at Royal Perth Hospital, Dr Sudhakar Rao, announced as service patron. The team is now well established at its West Perth headquarters, with three dedicated grief and trauma counsellors offering free counselling face-to-face, by telephone and via the web to all of those impacted by road trauma throughout WA. The service currently caters to a broad spectrum of clients who may have been impacted by road trauma in a variety of different ways.
“We see those who have been injured in road crashes, those who have been bereaved as the result of a crash, carers and family members who might be looking after the injured, those who have caused crashes as well as emergency services personnel who routinely attend crashes as part of their day-to-day work,” says RTSWA Lead Counsellor Susan Medica. Ms Medica said clients who accessed the service typically experienced intense grief due to the sudden nature of a road crash, were more prone to depression, anxiety, Post-Traumatic Stress Disorder and often experienced poorer physical health as a result. “This also impacts on their social and occupational functioning, all at a time when they may also be dealing with financial and insurance complexities, coronial and forensic issues and sometimes the unwanted intrusion of the media due to the high profile of some road crashes,” she added. More recently RTSWA has been working with emergency service personnel across WA to help support them in the work they do. The service has held a number of specifically tailored workshops entitled ‘Surviving working with grief, loss and trauma: How to support yourself and others’ which have been developed in conjunction with Curtin University’s Dr Lauren Breen with input from WA Police and other agencies. The workshops were developed following considerable coverage across the country about the impact dealing with trauma can have on emergency service workers. Detective Sergeant Geoff Buck, Operations Manager of Major Crash Investigations in Perth, said the unit had worked closely with the service since inception and that it was really beneficial for the hundreds of people they came into contact with as a result of serious crashes on WA roads. “Road crashes are sudden and traumatic, not only for those directly involved, but for witnesses and family members and it’s essential that professional help is available in these situations if and when it’s needed. “We also rely on RTSWA for our people at Major Crash by encouraging officers to attend the Road Trauma Support WA grief, trauma and loss workshops whenever they are presented. It’s not only the families and witnesses who benefit from the service they provide,” he added. Senior Sergeant Levinia Hugo, from the Midland Traffic Enforcement Group, said it was important for all police to
“Road crashes are sudden and traumatic, not only for those directly involved, but for witnesses and family members and it’s essential that professional help is available in these situations if and when it’s needed.”
01
01 RTSWA Lead Counsellor Susan Medica.
be aware of the services available during these traumatic situations. She said although there may still be some stigma around talking openly about mental health issues, frank and open conversations about mental health and fitness will hopefully continue to diminish the often perceived ‘stigma’. “I have seen inspirational officers who openly talk about their journey of recovery from mental illness and it provides a gateway for others to seek assistance.” RTSWA also produces a series of fact sheets on subjects ranging from talking to a child about road trauma, coping with grief and loss, driving phobia and sleep disturbances which are free to download from the website.
FOR MORE DETAILS Visit www.rtswa.org.au 21 POLICE NEWS OCTOBER 2017
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WAPU Adventure Club gathers momentum The WAPU Adventure Club held its inaugural AGM last month where a committee of management was elected. The inaugural committee consists of Steve Walters (President), Simon Hazell (Vice President), Pat Lynch (Treasurer), Dean Giacomini (Secretary) and committee members Ray Wharton, Mark Marriott, Mark Burton, Clint Whalley, Kym Buller, Thomas Clendenning, Steve Holmes, Jade Shepley and Ross Miles. Assistant Commissioner (Regional WA) Murray Smalpage has kindly agreed to be the club patron on the Police Executive and also joined as a member of the club. At the time of writing this article, the club’s membership has grown to 35 and have several club events planned for October and November. A four wheel drive day was held at Wilbinga on October 8 and a weekend camping trip at Sandy Cape near Jurien Bay will be held on October 21. A Holland Track adventure is also in the pipeline for November. WAPU Members are encouraged to join the club and participate in activities such as four wheel driving, camping, caravanning and fishing. The club is not just about four wheel driving and Members who just want to go camping or get together with other Members with caravans or who want to go fishing also welcome to join. The annual fee for membership is set at $75 which is mainly used at this stage to provide full liability insurance for participants at club events and also for our volunteer workers such as track marshals.
If you are interested to find out more about the club or to join, contact any one of the club committee or email Dean Giacomini at WAPU HQ on dean.giacomini@wapu.org.au.
23 POLICE NEWS OCTOBER 2017
PAUL HUNT Secretary
PAO Industrial Agreement outcome IN EARLY 2016 WAPU FORMALLY COMMENCED NEGOTIATIONS ON AN INDUSTRIAL AGREEMENT FOR POLICE AUXILIARY OFFICERS, to replace the 2013 Agreement which was due to be replaced by June 30, 2016. WAPU prepared and negotiated its log of claims, based on consultation with PAOs, focus groups and Branch meeting feedback.
Rather than reach a negotiated settlement which could have potentially cost less than an additional $100,000 to increase the salary of the 250 PAOs, Government opted to pay an expensive east coast senior solicitor to defend its ideologybased Wages Policy.
24 POLICE NEWS OCTOBER 2017
The claim was a modest list of items that would provide a fair and reasonable outcome, in recognition of both the rigours and challenges of the work, as well as the great commonality of tasks, risk and accountability shared with our police officer Members. Improved conditions, allowances, leave and salary were pursued with WA Police and Government over a series of meetings and Conferences before the Western Australian Industrial Relations Commission (WAIRC). The Barnett Government refused at all times to negotiate on any item that would increase costs by more than the 1.5 per cent Wages Policy cap on salary and conditions. The Offer for a basic salary increase of 1.5 per cent only was rejected at Ballot by the PAO membership. With the Government refusing to even negotiate a better outcome, we were forced to have the Matter Arbitrated once the June 30, 2016 passed and there was no prospect of Government improving its offer to Members. Rather than reach a negotiated settlement which could have potentially cost less than an additional $100,000 to increase the salary of the 250 PAOs, Government opted to pay an expensive east coast senior solicitor to defend its ideology-based Wages Policy.
Arbitration is resource intensive, both in terms of time and effort, and introduces risk as all existing items are potentially on the table for both sides. The Union took a range of items to Arbitration based on parity with police officers, including but not limited to, items such as alignment of shift penalty and availability rates, overtime calculations and PAOs having a vote on their rostering arrangements. We also pursued PAO specific allowances and leave increases. Although dates for Arbitration Hearings were set down for late March 2017, and witness statements had been filed, the March State Election and resultant change of Government introduced an opportunity for the new McGowan Labor Government to review the Wages Policy and avoid the Arbitration process. WAPU used the opportunity to our advantage and successfully negotiated back pay for PAOs to November 2016, which had been refused by the previous Government, however Arbitration was still to proceed. Arbitration Hearings were held over four days in July 2017, 12 months after a new agreement could have been in place if Government had been prepared to truly negotiate an acceptable outcome. Evidence was led by PAO Members, WAPU and a subject matter expert on economics. Witnesses gave evidence on the merits, need and reasonableness of the claim items for our PAO Members.
PAO ARBITRATION CLAIM ITEMS Right to vote on Flexible Rosters
Remove 5 claim restriction on missed meal claims without additional approval
Access to Overtime after 15 minutes, instead of current 30 minute minimum
Alignment to police officer shift penalties
10 per cent Frontline Allowance for PSO PAOs
Additional Week leave for regular shift workers
Calculation of Overtime payments weekly, rather than current daily
Remove ‘Duly Authorised Officer’ from Overtime authorisation
INDUSTRIAL REPORT
In terms of PAO welfare, we are also disappointed that the Commissioner did not support the introduction of an additional weeks leave for shift working PAOs, who all work physically and emotionally demanding roles.
Government argued against all of the claims, disputing the merit, need and alleging the State cannot afford any increase costs due to the state of the finances and the risk of flow on to other groups if we succeeded on the items, as well as seeking to discredit the evidence of PAOs who took the stand on behalf of all PAO Members. Commissioner Matthews of the WAIRC handed down his Decision on September 18, 2017. Members can find a copy and summary of the outcomes on our website. Regrettably, the Commissioner rejected all of the claim items that would have delivered a material improvement for PAOs. Significantly, it was adjudged that a commonality of work, environment, risk and accountability with police officers is not sufficiently relevant and doesn’t give cause to align the conditions of PAOs to police officers. Of particular concern is the decision to refuse a specialist allowance to the new Protective Service Officer cohort of PAOs, who are trained in the use of lethal force. Commissioner Matthews was satisfied the WA Police assessment at Band 2 was appropriate for a group of employees who are specialist trained as the frontline of defence to key government infrastructure and the lives of people occupying locations such as Parliament House and police facilities, in a heightened threat environment.
In terms of PAO welfare, we are also disappointed that the Commissioner did not support the introduction of an additional weeks leave for shift working PAOs, who all work physically and emotionally demanding roles. Commissioner Matthews believes the six weeks leave already provided is sufficient in all of the circumstances, notwithstanding the six weeks comprises a standard four weeks annual leave and two weeks in lieu of penalty payments for working a public holiday. There are a couple of positive outcomes with regards to meal claim processing and continuous duty overtime authorisation. WAPU is currently working to finalise a Draft Enterprise Order with WA Police, which will be registered in the WAIRC. Due to the WAPU negotiated back pay arrangement to November 2016, the Enterprise Order will operate for two years, until November 2018. We thank all PAOs for their support and commitment, with special thanks to those individuals who provided witness statements and took the stand on behalf of their colleagues.
EMERGENCY 24/7 DIRECTOR 0438 080 930
639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155 F: (08) 9321 2177
Mick Kelly
EMERGENCY DIRECTOR
WAPU
wapu.org.au admin@wapu.org.au
25
POLICE NEWS OCTOBER 2017
DEAN GIACOMINI Field Officer
Single officer custodial care IN SEPTEMBER, WA POLICE RELEASED A NEW CUSTODY MANUAL and Standard Operating Procedures (SOP) for the custodial care of persons in custody. This policy states that two officers must be designated to perform custodial care duties when a person is in custody and that they must both be present when a transaction takes place. For example, a cell check where entry to the cell is required, provision of a meal etc. WAPU has been lobbying for these changes for years and welcomes the updated manual and SOP. However, the lack of sufficient staff numbers in regional WA means that there has been little change to the practice of single officer custodial care and Members are still being placed in a position of extreme risk, which leaves them open to investigation, criticism, discipline, possible criminal prosecution and civil litigation. Interpretations of the new policy have resulted in the second of the two ‘designated’ lockup officers actually being an officer in a tasking vehicle, who may actually be away from the station for extended periods of time whilst persons are in custody. This leaves the primary lockup officer alone in the station while caring for multiple prisoners, examples have been given of up to four high risk prisoners at any one time. Other
However, the lack of sufficient staff numbers in regional WA means that there has been little change to the practice of single officer custodial care and Members are still being placed in a position of extreme risk, which leaves them open to investigation, criticism, discipline, possible criminal prosecution and civil litigation.
26 POLICE NEWS OCTOBER 2017
locations are saying that the OIC, who is not present, can be called to assist for transactions and can be the second designated officer. For any transaction to take place, the second officer must be called back to the station before the cell can be entered. This is where it becomes an unsafe system of work as the time delays in returning to the station could mean delays in prisoners being afforded their human rights such as access to legal representation, meals and more seriously, could mean the difference between life and death! Leaving an officer alone in a police station to care for persons in custody while they also answer telephone calls from the public, attend to front counter enquiries, monitor and update CAD tasking entries and complete paperwork is a dangerous practice and in 2017 should not be happening at all. The OSH Act and regulations place legislative responsibilities on employers to provide safe workplaces, systems of work, PPE, supervision and training. It also places obligations on employees to report hazards in the workplace to minimise the risk of harm to themselves and fellow workmates and, in the case of police, persons in their lawful custody. WA Police has a policy for OSH in the workplace and part of that policy is for employees to report hazards in the workplace by submitting an OSH Incident Report on SIMR (Form 1). WAPU has advised our Branch Officials to advise Members that if they are placed in a position of being a sole lockup officer in a station with persons in custody, that they are to submit an OSH Incident Report on SIMR for the unsafe system of work that is single officer custodial care and to advise WAPU of the circumstances. At the time of writing this article, WAPU had advised Worksafe WA about this unsafe system of work and also advised the Office of the Inspector of Custodial Services. WAPU will keep Members updated if there are any developments from these reports.
FIELD REPORT
For far too long, Members in regional WA have been asked to do too much with little or no support.
For far too long, Members in regional WA have been asked to do too much with little or no support. Examples of this are the lack of reliefs to two officer stations during periods of absences for leave, training and the like and single officer custodial care issue. As our Members will attest to, the people who are being incarcerated and held in police custody are usually recidivist offenders with many having histories of medical conditions, drug and alcohol abuse, self-harm and mental illness. Holding these people in police lockups is a high enough risk as it is, let alone the practice of leaving the custodial care responsibilities to one officer for hours on end.
It is about time the State Government and WA Police recognised the serious shortage of police in regional WA and increased numbers appropriately to reflect the needs of these rural communities and the present core police function of custodial care. Do we have to wait for more deaths in custody before the Government and WA Police finally act and takes their OSH legislative responsibilities seriously and stop leaving our Members’ heads on the chopping block?
Network of Women, Not only Women! Get involved
Jazz Lawford Vice Chair
WAPU NOW aims to promote female participation and increase diversity within WAPU to better represent and support the WA Policing community.
YAMMER CONTACT
• Go to www.yammer.com • Sign up with work email • Join police.wa.gov.au network • Request to join the WAPU NOW group • Get the Yammer App on your phone for ease of use and updates!
Amity Hudson Chair
POLICE NEWS OCTOBER 2017
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Gaps in protection leave Members vulnerable WHEN YOUR CAREER IS SPENT on the frontline, you would think you are entitled to fair and proper protection and compensation if you are injured in the line of duty.
This has created a ludicrous situation that Members with minor injuries will receive compensation, but their more seriouslyinjured colleagues will not. The ramification of this type of precedent are quite obvious.
Some recent issues identified with the Criminal Injuries Compensation Act 2003 (Act) show that may not be the case. The recent District Court decision of Cooper v Smith has an enormous impact on the hopes of successful compensation claims for loss and/or injury by our Members, suffered on or off duty, under the Act. In the Cooper matter, it was held that: • Medical and leave payments of a police officer were considered compensation for loss under the Act; • The total of these payments must be deducted from any compensation payable to the injured party; and • In this particular case, the total amount for medical and leave was well in excess of the statutory maximum compensation payable of $75,000, and the result was that no compensation was therefore payable to the injured police officer under the Act. This decision effectively excludes the more seriously injured police from being able to make a criminal compensation claim as these police are the ones whose sick leave and medical costs will exceed the $75,000 threshold. Once this threshold is exceeded, there is no ability, under the Act, to claim for the injury.
This has created a ludicrous situation that Members with minor injuries will receive compensation, but their more seriously-injured colleagues will not. The ramification of this type of precedent are quite obvious. This decision should be considered in the context of how difficult, if not impossible, it is to obtain compensation via civil litigation from offenders who most often have no assets to pay an order for compensation. A CIC claim is normally an officer’s best chance at redress for the pain and suffering they have endured while serving the people of WA. Police, more than any occupation, run the risk of injury and being assaulted while going about their duties. Most CIC claims involving police are usually for injuries incurred whilst having to physically arrest an often violent offender. Police deserve greater protection and compensation. Adding insult to injury is the lack of protection for our Members who are injured whilst serving as police officers outside of the WA border. This affects officers in cross border stations, those that do cross border patrols and officers who travel interstate to conduct extradition proceedings. WA Police maintain a number of cross border police stations and those who work on the border of NT and SA fully understand how often they have to cross the border to conduct their duties. WA Police are now commonly expected to operate out of this State’s jurisdiction.
Recently, a Member based at an interstate police facility was injured whilst making an arrest, which lead to them experiencing a period of emotional stress and anxiety. Their CIC claim was rejected. The Act does not currently contain any express provision for extraterritorial application, nor is there any indication that it was Parliament’s intention for it to do so. So what does this mean for Members carrying out cross-border operations? Essentially, Members injured on duty outside of WA have no chance of claiming compensation under the CIC Act. There are also a myriad of issues which exist which likely prevents WA Police being able to claim compensation in other jurisdictions. WAPU President George Tilbury has recently written to Police Minister Michelle Rober ts about both of these issues, calling for immediate legislative amendment to protect frontline Members and give them the compensation coverage they deserve. A favourable response is not only hoped for, but deserved.
29 POLICE NEWS OCTOBER 2017
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HEALTH
POLICE HEALTH
Are you seeing clearly? AN EFFECTIVE POLICE officer has many attributes and among the most essential is good vision. But despite being one of our most valuable assets, our eyes are surprisingly overlooked by even the most enthusiastic advocates of healthy living.
Providing we can see okay we tend to take them for granted – and that can be a serious mistake for good eye health and your ability to manage the demands of everyday policing. The fact is, eyes are incredibly complex with more than 200 million working parts. They have the strongest muscles in the human body and process about 36,000 pieces of information every hour. Researchers estimate that about 80 per cent of our memories are linked to what we see. There are a variety of conditions that can affect your sight so maintaining good eye health should be a priority. Eyes deteriorate with age and according to the Australian Bureau of Statistics about half the population has some vision problem that requires treatment. The good news is that the most common sight-threatening conditions can be either cured or controlled – providing they are caught early.
MYTH BUSTER: DO GLASSES WEAKEN YOUR EYES?
Case: If you think your eyesight’s become worse since you've started wearing glasses, you're far from alone. Struggling to focus on printed matter is an unfortunate sign of ageing. Changes to the lens of the eye as you get older mean you have to move the page further and further away before you can see properly. It's called presbyopia and it strikes us all, usually by our mid-40s. And the truth is many eye conditions, including presbyopia, get worse over time by themselves, specs or no specs. In other words, it seems harder to read things without your glasses because it is. But it was going to happen anyway, and your glasses aren't to blame. What your specs have done is got you used to seeing more clearly. So when you take them off, the contrasting blurriness is more noticeable. Verdict: No, your glasses won't weaken your eyes.
SIX COMMON EYE CONDITIONS
KEEPING YOUR EYES HEALTHY
Most people experience some form of vision loss during their lifetime. The six most common eye problems are: Refractive errors – Sight can be adversely affected by the length of the eyeball, changes in the cornea or natural ageing when the lenses harden. This may result in nearsightedness (myopia), far-sightedness (hyperopia), a blurring of the vision (astigmatism) and an inability to focus on near objects (presbyopia). Glaucoma – Higher than normal pressure on the inside of the eye may damage the optic nerve. Left untreated, glaucoma can cause loss of peripheral vision and eventual blindness. Cataracts – Clouding of the lens can develop at any age but mostly in people over the aged of 50. Risk factors include UV exposure over time and trauma to the eye. Keratoconus – A weakening of collagen fibres inside the cornea results in bulging and vision loss if not treated early. Risk factors include a genetic predisposition, overexposure to sunlight, excessive eye rubbing and a history of poorly fitted contact lenses. Diabetic retinopathy – A common diabetic eye disease caused by changes in retinal blood vessels resulting in severe damage to various structures in the eye. Macular degeneration – A leading cause of blindness when the macula area of the retina is damaged. Risk factors include age, smoking, and family history. Current treatments can slow the disease but there is no cure.
Regular eye examinations are essential for good eye health no matter what your age. Eye tests are covered under Medicare bulk-billing provisions although the Federal Government recently made changes to the frequency. Anyone under the age of 65 is eligible for a bulk-billed eye test once every three years and once a year for those 65 and over. Your cover under Medicare may be extended if you suffer certain conditions such as diabetes. An examination allows the optometrist to check the health of your eyes and if intervention is needed, and also your vision and whether you need glasses. While check-ups are important, there are various simple steps you can take to protect your sight. Eat healthy– Research repeatedly shows that antioxidants and nutrients such as omega-3 fatty acids, zinc, lutein and vitamins A, C and E help slow macular degeneration and the risk of cataracts. Aim for a diet with lots of citrus fruits and berries, colourful or dark green vegetables, oily fish, eggs, beans and nuts. Exercise regularly – Some studies suggest that regular exercise such as walking can reduce the chances of agerelated macular degeneration by up to 70 per cent. Wear sunglasses – Shades aren’t just a fashion statement. They protect your eyes from harmful UV light and various eye problems. Quit smoking – In addition to many other well-documented health problems, smokers face a higher risk of eye complaints such as macular degeneration, cataracts and the inflammatory disease uveitis. 31 POLICE NEWS OCTOBER 2017
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Hyundai’s first compact SUV hits the streets ENTERING THE MARKET IN late October, the Hyundai Kona is the Korean brand’s first global compact SUV. Available in 10 exterior colours and boasting two-tone colour roof options, it’s set to make a big splash on the motoring scene. It boasts a striking, voluminous and aggressive body design, complemented with a wide, low profile.
FRESH, FAST & FUNKY Going head-to-head with the perennially popular Mazda CX-3 and Mitsubishi ASX, the Kona is Hyundai’s first mainstream model to be sold without a diesel engine or manual transmission. Zooming from nought to 100km/h in 10 seconds, and with a top speed of 194 km/h, it’s hoped the model will boost local sales by up to 10 per cent. Available in three models, the entry level is powered by a 2.0-litre four-cylinder petrol engine with six speed transmission. Mid and top-spec models take it up a notch with a 1.6-litre turbo-petrol four-cylinder engine with a seven speed dual-clutch transmission (DCT), 130kW of power and 265Nm of torque. Making the jump from nought to 100km/h in just 7.7 seconds, it’ll enter the market as one of the quickest and most powerful options in its class.
COMFORT & CONTROL Thanks to four wheel disc brakes, 17 or 18-inch alloy wheels and local suspension tuning, the new model takes our notoriously tough road surfaces in its stride. With a ground clearance of 170mm, it’s not exactly built for rough off-roading but takes kerbs and speed
bumps in its stride. With good head and leg room, a boot capacity of 361 litres and 60:40 split folding rear seats, there’s plenty of room for kids, bikes and the weekly shop.
CUSTOMISED COLOUR W ith more than 1 50 colour combinations for you to choose from, a two-tone roof and optional extras like tartan cloth trim and yellow windscreen wipers, the Kona isn’t shy about being seen. The higher spec models also include matching interior trim highlights that match the exterior colour. Throw in features like the ones below and you’ve got everything you need for a refined ride: • Push-button ignition • Heated seats • Floating tablet-style touchscreen infotainment system • Apple Car Play and Andriod Auto • 8 inch Head Up Display • Front and rear fog lights • Eight speaker audio system • Autonomous emergency braking • Lane Keep Assist (LKA) and other safety features
PRICING & SPECS Prices are yet to be advised for the Australian market, but buyers can expect a five-year/unlimited kilometre warranty, along with a free 1500km ser vice and 12 months roadside assistance with their new Kona. If you are interested in learning more about the new Hyundai Kona, or any other vehicles, the team at Fleet Network have extensive experience in procuring and salary packaging vehicles across Australia. Speak to one of Fleet Network’s expert Consultants for an obligationfree quote today. Let us show you how to best use your pre-tax salary and save thousands on your next new car. It’s one of the benefits of being a police officer.
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33 POLICE NEWS OCTOBER 2017
READ
ULTIMATE PRICE
WATCH
THE GRIFFITH WARS
BRETT WRIGHT RRP $28.99
TOM GILLING and TERRY JONES RRP $32.99
VALKYRIEN
The Ultimate Price details incidents in which police officers have lost their lives on duty in Australia. The author recreates the feeling of the incidents by putting the reader there, at the location, be it the sticky heat of the tropical north, the dry winds of Central West NSW or the bone aching cold of Tasmania, the author paints a picture so the reader can see and almost feel what his happening. The incidents vary from stabbings, shootings, vehicle accidents, drownings, suicides along with many more violent, terrifying and in some cases mysterious deaths.
The story behind the murder that shocked a nation. The assassination of Donald Mackay was meant to solve a problem for the mafia. Instead it roused the law-abiding citizens of Griffith to fight against the powerful criminal elements who had made their town synonymous with drugs and murder. Drawing on the personal diaries and memories of Terry Jones – who, as the editor of the local newspaper, knew everyone and heard everything – The Griffith Wars reveals startling new evidence about one of Australia's most notorious unsolved murders. It also powerfully recounts the struggle for the soul of a country town still battling to shake off its criminal past.
Ravn, a respected physician, is desperately seeking a cure for his dying wife, Vilma. When the hospital stops her treatment, Ravn continues working in secret. He is aided by the corrupt civil defence man Leif, a doomsday prepper and former patient of his. Deep underground, Ravn and Leif open an illegal clinic for treating off-the-grid patients. The clinic finances Ravn’s research into a cure for Vilma, while Leif increases his position among the criminal and the paranoid who live outside the welfare state.
WIN Thanks to the author we have one copy of Ultimate Price to give away, and one copy of Griffith Wars to give away thanks to Allen & Unwin. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the book. Winners will be drawn on 6 November, 2017. POLICE NEWS OCTOBER 2017
DVD RRP $34.95
SEE
MADIBA
BAD MOMS 2
Madiba is a six-part event series that tells the epic tale of Nelson Mandela, the globally beloved iconic figure, as well as the many other leaders of the African National Congress – Oliver Tambo and Walter Sisulu – who fought alongside Mandela in the multi-racial, multi-national movement that led to the end of South African apartheid. Madiba is an event series of epic proportions that deliverers’ gravitas, emotion, drama, and undying hope. With an all-star cast led by Academy Award nominee Laurence Fishburne, it is a heroic and ambitious character driven story re-told through momentous true events of exceptional scale and scope.
Bad Moms 2 follows our three underappreciated and over-burdened mums (Amy, Kiki, and Carla) as they rebel against the challenges and expectations of Christmas in hopes of creating a more perfect holiday for their families. And if that was hard enough, they have to do all of that while hosting and entertaining their ultimate holiday foes: their own mothers. By the end of the journey, our mums have redefined how to make the holidays special for their families and it ends up bringing them closer to their own mums.
DVD RRP $34.95
SEASON COMMENCES November 2
ENTERTAIN ME
MURDER ON THE ORIENT EXPRESS
SEASON COMMENCES November 9 What starts out as a lavish train ride through Europe quickly unfolds into one of the most stylish, suspenseful and thrilling mysteries ever told. From the novel by best-selling author Agatha Christie, Murder on the Orient Express tells the tale of thirteen strangers stranded on a train, where everyone's a suspect. One man must race against time to solve the puzzle before the murderer strikes again.
WIN Thanks to NIX CO entertainment, we have five copies of Valkyrien and MADIBA to give away. To enter, email jessica.porter @wapu.org.au with your name, work address and title of the movie. Winners will be drawn on 6 November, 2017.
WIN We have two double passes to give away to Bad Moms 2 and Murder on the Orient Express. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the movie. Winners will be drawn on 6 November, 2017. 35 POLICE NEWS OCTOBER 2017
NEW MEMBERS
WINTRY CONDITIONS GREET NEW MEMBERS Our newest Members braved the elements to graduate in front of their family and friends on Friday, September 22. This was the first graduation in front of new Commissioner of Police Chris Dawson and didn’t the weather gods turn it on! The heavy rain and winds made the parade ground resemble a swimming pool however, Gold and Blue Squads were not deterred and pushed through. The Parade Sergeant’s Award, sponsored by WAPU, was presented to Constable Marie Rackham from Gold Squad and Constable Lucinda Boon from Blue Squad.
GOLD SQUAD 1/2017
BLUE SQUAD 2/2017
Brian CASEY Lauren COTTEE Mason DENT Cameron DREW Chanelle DU TOIT Alyssa HARVEY Rebecca HILL Jesse NATION Jack O’DONNELL Ruth PALEY Elliot PYE Marie RACKHAM Allison RAMIREZ Loryn ROBERTSON Jessica ROZIER Charles TURNER Francesco VOGLINO Luke WILSON Keith WILSON Andrew WRIGHT
Rachael BLUNDELL Lucinda BOON Simon BREHENY Luke BRIGGS Craig BUCKLEY Fynn CUNNINGHAM Rachel FOSTER Tommy GREEN Nigel JOHNSON Joshua LANGMAN Sarah LYNN Darren MAHER Stephanie MCCULLOUGH Richard MCKENNEY Charmaine MENGAL Rebecka PHIPPS Lauren PIZZINI Oliver SAUNDERS Rebecca SLOT Claire WRAGG
36 POLICE NEWS OCTOBER 2017
RETIREMENTS & RESIGNATIONS
VALE
RETIRING MEMBERS 5339 Karl O'CALLAGHAN
6035 Mark FYFE
RESIGNING MEMBERS 8050 Mark McKENZIE 8406 Robert SEAMAN 9116 Edward SIMKINS 10046 Phillip JOHNSTON 10071 Brett DARROCH 11512 Jennifer KIMBER 12039 David PINDER 12136 Marcus RADER
14017 Zita OLSEN 14260 Jacob KENNY 14858 Emmanuel ENAD 15411 Yaroslav DIVNOV 16021 Blake SANDERS 50593 Marcel NIUTTA 51232 Harrison CUMMINS 99456 David DELLAR
RETIRED 3837 DONALD MALCOLM SMITH Senior Sergeant Aged 80
RETIRED cont. 3627 ROBERT KEARSLEY Senior Sergeant Aged 76
3293 EDWARD ALAN BELL Chief Superintendent Aged 81
3342 ROBERT NORMAN GREAY Det. Superintendent Aged 78
EMERGENCY 24/7 DIRECTOR
0438 080 930 639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155 F: (08) 9321 2177
www.wapu.org.au admin@wapu.org.au
Mick Kelly
EMERGENCY DIRECTOR
WAPU POLICE NEWS OCTOBER 2017
* WAPU SCHOOL HOLIDAY BALLOT APPLICATION APPLICATIONS WILL ONLY BE ACCEPTED ON THIS FORM, It can be faxed, emailed or posted to WAPU HQ. Complete and return by Friday, 17 November 2017 to: WA Police Union 639 Murray Street, West Perth WA 6005 Fax: 9321 2177 Email: admin@wapu.org.au
Only mark the holiday periods and locations you are prepared to accept in numerical order of preference. Note: Bookings are available from Saturday (2pm) to Saturday (10am) only. WEEK 1 30.06.18 – 07.07.18
Results to be advised by Friday, 24 November 2017
JULY 2018
WEEK 2 07.07.18 – 14.07.18
EITHER WEEK
ALBANY
Name (Please Print):
BUSSELTON VILLA 4
PD No:
BUSSELTON VILLA 11
Address (Home):
BUSSELTON VILLA 15 Post Code:
ESPERANCE EXMOUTH
Work (Unit/Section):
KALBARRI UNIT 27 KALBARRI UNIT 71
Email (Home):
PORT DENISON
Phone no. (Work):
YALLINGUP
(Mobile):
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FROM THE ARCHIVES
OCTOBER 2002
WOMEN IN POLICING Following the release of the Office of Equal Employment Report, titled Sworn Recruitment and Career Development for Women, Union President Michael Dean said the Union’s position was very clear legally and morally. “Our women Members as a group and individually will be supported in their efforts to be treated equally in all areas,” he said in his President’s Report. “Discrimination, bullying and contemptible behaviour is offensive to all members of the police service and demeans our profession.”
UNION CAMPAIGNS FOR MINIMUM STAFF LEVELS In October 2001, WAPU produced adverts to raise community awareness to the lack of frontline police officers across the State. The advertisement also featured as a lead story on Channel 7 news.
VICTORIA PARK STATION Police News visited Victoria Park Police Station ahead of its decommissioning in early 2003. The OIC Sergeant Alan Cox said move could not happen soon enough. “Vic Park and South Perth are both dumps and difficult to manage,” he said. The two stations were replaced by the Kensington Police Station which is still in service.
39 POLICE NEWS OCTOBER 2017
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