WAPU Police News April 2017

Page 1

APRIL 2017

From ‘Crackhouse’ to constable Lucy Roberts went from ride along participant to police officer after she was inspired to join the job following WAPU’s Crackhouse Experience.

Cue police facilities not up to scratch WAPU looks at the dilapidated facilities at Cue.

Labor landslide results in “new” Police Minister WAPU looks at the State Election result and what it means for Members.

THE MAGAZINE FOR THE

WA

POLICE UNION


Disclaimer: The information provided does not take into account your personal financial needs and does not constitute legal, taxation or financial advice. GST savings are dependant on your employer’s policy and accounting treatment of GST. Before deciding, you should seek independent financial, legal and taxation advice and clarify your employer’s willingness to pass on input tax credits. Terms and conditions can be found at fleetcare.com.au/10cents

Untitled-3.indd 1

16/03/2017 2:20:30 PM


NOVATED LEASING? YOU HAVE A CHOICE! WE’LL BEAT ANY QUOTE! Plus your choice of

OR

Bose SoundLink Around-Ear Wireless Headphones

OR

Bose SoundLink III Bluetooth Speaker

A year’s worth of Magic Hand Carwash*

Visit easifleet.com.au for a quote today! Call 1300 266 828 | info@easifleet.com.au | easifleet.com.au *one $39 Magic Hand Carwash per month


APRIL 2017

POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION

CONTENTS

10

From ‘Crackhouse’ to constable

What steps are you taking to keep the monkeys off your back?

14

21

WAPU looks at the dilapidated facilities at Cue.

16

Labor landslide results in “new” Police Minister WAPU looks at the State Election result and what it means for Members.

4

Setting leadership intent

Lucy Roberts went from ride along participant to police officer after she was inspired to join the job following WAPU’s Crackhouse Experience.

Cue police facilities not up to scratch

POLICE NEWS APRIL 2017

18

06 WAPU DIRECTORS AND STAFF 08 PRESIDENT’S REPORT 20 DIRECTOR OPINION 22 INDUSTRIAL REPORT 24 FIELD REPORT

Big changes are coming to super From July there are big changes coming to superannuation and it is important to know what the new rules are.

27 LEGAL 28 MEMBER BENEFITS 29 HEALTH 31 MOTORING 32 ENTERTAINMENT 34 NEW MEMBERS 35 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 Probationary Constable Lucy Roberts finished her training at the Police Academy last month. Picture: Jody D'Arcy. ABOVE Lucy was one of the three participants in WAPU's Crackhouse Experience in November 2015.


WA

POLICE UNION

GEORGE TILBURY President 0409 105 898

BRANDON SHORTLAND Senior Vice President 0419 802 650

HARRY ARNOTT Vice President 0407 989 008

24/7 EMERGENCY DIRECTOR

MICK KELLY Treasurer & 24/7 Emergency 0438 080 930

Bunbury Australind Central Great Southern

Board of Directors

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

MICK GILL Director 0427 097 000

LINDSAY GARRATT Director 0407 775 050 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 APRIL 2017

CHRIS VITLER WENDY ROUTHAN Executive Finance Manager Personal Assistant

JESSICA PORTER Media Officer

STEVEN GLOVER Media Officer

CRAIG FORDHAM Industrial Officer

CLAIRE LLOYD 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

Bibra Lake

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

Cannington

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 Kym Buller Air Wing John Gobbels Armadale Gosnells Paul Burke Avon Dave Flaherty Bibra Lake Thomas Merchant (Vice President) Bunbury Australind Gareth Reed Cannington Louise Brackstone Central Great Dave Groenenberg Southern Central Midlands Peter Toia Central West Coast Ash Netterfield Commissioned Noreen O'Rourke Officers Eastern Goldfields Jaime Forbes East Kimberley Blair Moulton East Metropolitan Cliff Daurat Eastern Wheatbelt Dayna Rigoir Fremantle Julian Donohoe Fortescue Amber Collier Gascoyne Kurt Weedon Geraldton Glenn Wishart Great Southern Danny Richmond Intelligence Services Sharon Croft Joondalup Scott Sulley Leeuwin Naturaliste Tim Saxon Licensing Mark Saunders Enforcement Lower South West Sasa Dzaferovic Major Crime Manus Walsh Mandurah Harry Russell Maylands David Taylor (Vice President) Midland Workshops Debra Hutchinson Mirrabooka Steve Meakins Murchison David Hornsby North Eastern Chelsea Armstrong Goldfields North Pilbara Lance Munckton Northern ROG Cris Marzo Perth Police Centre Peter Henry Perth Watch House Kylie Dyer Professional Ian Moore Standards Prosecuting Jarred Gerace Rockingham Kwinana Warren Dowbysch Serious & Peter Birch Organised Crime Sex Crimes Bill Mansas South East Eyre Jaysen Carlisle Southern ROG Stuart Ford South West Dion Jackson Hinterland State Traffic Paul Gale Operations Traffic Enforcement No Branch Officials Group South Upper Great Dorry Grzinic Southern Water Police Ryan Hayter West Kimberley Neil Vanderplank West Pilbara Paul Brown (Vice President)

7 POLICE NEWS APRIL 2017


GEORGE TILBURY President

WAPU accepted to give evidence at joint coronial inquest IN A FIRST FOR THE WA POLICE UNION, State Coroner Ros Fogliani granted leave for WAPU to appear as an interested party and give evidence into the deaths of six people arising after an attempted police intercept or pursuit. In the past, WAPU has only ever supported Members who have been brought before the Coroner to give evidence. Two months ago, WAPU engaged legal counsel to seek leave from the Coroner and outlined our concerns to her in a letter relating to a number of operational issues, training, legislation and policy. After our letter was accepted, I then submitted a detailed statement to the Coroner and ultimately gave evidence on behalf of WAPU on April 5. The deaths of Sean Duncan Barrett, Kuldeep Singh, Gavin Wayne Fryer, Jordan Damon Rundell, Kyra Marjorie Narrier and Hassan El Bakdadi occurred between 2012 and 2014 and their coronial inquests were heard together this month. The purpose of the joint coronial inquest was to evaluate the Emergency Driving Policy, its practical operation and the balance needed to protect the community whilst still undertaking our lawful duty. We gave evidence that the number of pursuits in WA has increased from 322 in 2010 to 1,165 in 2016. However, while pursuits were increasing, the fatality rate from police pursuits since 2010 has generally been declining. The latest injury rate was also at a three year low.

WAPU believes that since the size of the metropolitan districts was increased under the Frontline 2020 model, radio traffic has effectively doubled on district channels.

8

One of our concerns raised with the Coroner was about the requalification process for intercept (pursuit) driving. WAPU believes that it is not best practice to requalify a practical skill with a non-practical assessment. That is, WAPU believes the current requalification process of completing an online test is inadequate. We put to the Coroner that a practical driving assessment should be undertaken annually (or if it is cost prohibitive, every two years) to requalify as a pursuit driver. During this joint coronial inquest the issue of radio communications was also mentioned. Members have told the Coroner of the difficulty in reaching the Police Operations Centre, due to the traffic on the radio. WAPU believes that since the size of the metropolitan districts was increased under the Frontline 2020 model, radio traffic has effectively doubled on district channels. WAPU told the Coroner that we believe radio communications would be more efficient if districts were smaller. We also spoke on the topics of debriefing, collecting and using data from pursuits, vehicle standards, policy and current intervention methods. It was a great opportunity to raise these issues, among others, with the Coroner to advocate for better training and improvements for police officers. We now await the outcome of the Coroner’s findings and will keep you updated.

WA POLICE OPERATING MODEL During our numerous station visits across the metropolitan area, you have made it clear that there are aspects of the Metropolitan Operating Model that do not work, are under resourced or need to be amended. The new Labor Government has also made it very clear to WA Police that there needs to be significant change to the model. The new Police Minister Michelle Roberts has also specifically told WA Police that WAPU needs to be part of the


PRESIDENT'S REPORT

The simulator can recreate the forces, loads and sounds of realworld driving without exposure to dangerous situations. WAPU is investigating the use of this type of equipment as an additional tool for driver training.

change process and so far Deputy Commissioner (Operations) Steve Brown has been keen to engage and work with us. At the beginning of this month, we released a survey to Members about the operating model seeking their honest and forthright feedback. The survey closed on Tuesday, April 18, 2017 and the de-identified results will be collated and interpreted. A collective analysis will be presented to the Minister and WA Police so Members will directly influence the outcome. I am pleased we have a great opportunity to be involved in shaping the new model and make sure that it benefits you and the community of Western Australia. No matter what model we have, it needs to be properly resourced. The Government needs to acknowledge that police officers are at breaking point and announce additional numbers, so that planning can commence immediately.

C-MARC DRIVING SIMULATOR

01

The simulator has a fully functioning Kia car inside a sphere which has a 360 degree view of the simulated environment. The simulator can recreate the forces, loads and sounds of real-world driving without exposure to dangerous situations. WAPU is investigating the use of this type of equipment as an additional tool for driver training.

01 President George Tilbury tests the C-MARC simulator.

PFA EXECUTIVE MEETING – MEMBER WELLBEING This month I attended a PFA Executive Meeting in Adelaide to review Member wellbeing and discussed what each jurisdiction was doing in relation to this very important issue. I also used the meeting to flag the need for a national inquiry into police suicides. I strongly believe the issue of police suicide is peaking and a national inquiry is needed because this is a national tragedy. We need to know what is happening right across the country so we can act now and prevent more officers from taking their own lives.

Last month I attended the Curtin-Monash Accident Research Centre to view and trial the CKAS Mechatronics, state-of-the-art driving simulator. This machine, which is the only one of its kind in the Southern Hemisphere, can simulate driving in numerous conditions and can be adapted to manipulate variables such as behaviour of other cars on the road, pedestrians and weather. 9


From ‘Crackhouse’ to constable BY JESSICA PORTER

10 POLICE NEWS APRIL 2017


01 Scenes from the Crackhouse Experience.

“Get in, we’ve got a job!”

01

Those were the first words Lucy Roberts heard as part of a police ride along, organised by the WA Police Union, two years ago. Sergeant Dale Searles and Constable Brett Doyle pulled their police car up alongside WAPU HQ and instructed the then 25-year-old to get in quickly, as they needed to attend a domestic disturbance in nearby Osborne Park. When they got there, the scene was confronting. A man who appeared to be drug affected was screaming at his partner, a fight broke out between the man and police, and a small child stood helpless as her mother overdosed on drugs. This incident was very shocking to Lucy, who was taken completely by surprise when she learnt it was all a set up. This experiment was recorded by hidden cameras and used to raise awareness of the shocking fact that police officers, who enter dangerous situations every day, are not covered by workers’ compensation. This scene may sound familiar to some; possibly to the two million people who viewed the Union’s Crackhouse Experience video released in November 2015. But this was Lucy’s first exposure to what policing was really like; warts and all. “I think my words were ‘I was shocked’,” she said about the lack of workers’ compensation for police officers. “I couldn’t believe it, considering the experience I just had. “It was a really good idea to put a normal civilian in that situation. It was a definite eye-opener because a lot of people probably wouldn’t know that and would have never experienced anything like that.” Two other participants went through the experience and both were shocked at what they learnt and saw. However, Lucy’s experience was different to the two other participants. At the end of it all, she too wanted to make a difference and join WA Police. Now, two years on, Lucy has graduated from the WA Police Academy as a probationary constable and is heading to her first placement in regional WA. “I was really excited when I first got into the car that day because I didn’t know what we were going to do,” Lucy said. “And even though it was a scary and confronting experience, I loved it.” Lucy said from that moment on, her desire to be part of the blue family grew. “It was not long after that, that I started to get my application together,” she said. ▷ 11 POLICE NEWS APRIL 2017


01

“I wanted something that I could be really truly proud of, that gives you a sense of achievement, doing something worthwhile and not just a 9 to 5, clock off, get your pay cheque and that’s it.”

12 POLICE NEWS APRIL 2017

“The experience definitely made a difference. The adrenaline and the buzzing afterwards; I’d never had that before from something that would be work.” Despite the lack of workers’ compensation, which Lucy thought was inconceivable, she still wanted to be part of something bigger than herself. “I wanted to be a police officer because of all the cliché reasons like wanting to help people and make a difference,” Lucy said. “I wanted something that I could be really truly proud of, that gives you a sense of achievement, doing something worthwhile and not just a 9 to 5, clock off, get your pay cheque and that’s it. I wanted to do something with meaning.” Lucy first had an inkling that she wanted be a police officer while she was living at home in the UK. But the lure of travel and experiencing life outside her small country town in Shropshire was too great. “Being a police officer has always been in the back of my mind but there’s never really been the right time or place,” she said. Lucy went to school in the UK then continued her schooling at college. She did plan to study history and sociology at university, until she set her sights on Australia. “I had a gap year to go see Australia because a few of my friends had done it and said it was amazing. Suffice to say, it is a very long gap year!” After meeting her partner Ryan in Victoria, telling her family and becoming a permanent resident, Lucy embarked on her six-month journey to becoming a police officer. “It was a bit of a shock for mum and dad I think, but they’re really supportive,” she said. “I come from a family of nurses, doctors and farmers but we are all very socially minded in that everyone in my family has careers and jobs that are about helping people and being part of something. I think that part of policing really appealed to me.” Lucy said six months at the Academy has “flown by” but she thoroughly enjoyed every minute. “I’ve learnt a lot. I’ve met some life-long friends and we have just done so much,” she told Police News. “They have definitely put you through your paces. It’s testing and challenging at times, and it’s really varied which is good in terms of pushing you to your limits in different ways.”

Her favourite subjects at the Academy were legal studies and personal training (PT). “I’m a little bit of a bookworm so I knew that I would enjoy the legal side of things, but the way the instructors present the classes is nothing like you’d expect. The lecturers are amazing and they really engage you, which makes it so much more interesting,” she said. “And the PT was great,” she added. “We were getting paid to do PT with amazing instructors and the staff were great. “Every PT session was just like a big group bonding session. Everyone just had a great time, even when we were dripping in sweat and running up sand dunes and carrying ropes on the beach,” she said. The Academy also taught Lucy about her weaknesses and what she needed to improve in order to be a constable. “Everyone at the Academy at some point has had the realisation that they needed help to do something. For some people it was during OSTTU where we were given guns and tasers and told what to do and what not to do,” Lucy said. “That was pretty new to me and that was pretty challenging, but after I got over the initial shock of it, I really enjoyed it.” WAPU President George Tilbury was there to see Lucy go from WAPU ride along volunteer to a probationary constable. “It was great to see Lucy and the two squads finally graduate,” Mr Tilbury said. “I have followed Lucy’s journey since she was involved in the Crackhouse Experience, so to see her join WA Police is fantastic and I’m pleased we inspired her.” Lucy’s exposure to real-life policing before joining had an added benefit in that it also exposed her to the WA Police Union. She knew the dangerous situations that police officers face, and how important it was to protect yourself. “There’s not one police officer that I’ve met that hasn’t said ‘join the union’ and it’s so true,” she said. “Even being at the Academy, I’ve had a Will drawn up and it’s all sorted, which is really good. There aren’t many unions that look after you like that. Policing is a career where you need that protection.” The two officers that escorted Lucy on the ride along were very happy to know that Lucy had decided


02

to join WA Police after her experience. Constable Doyle said everyone who participated in the ride along had a positive experience and he wasn’t surprised Lucy had joined the ranks. Sergeant Searles said he spoke to Lucy after the experiment and supported her joining the police. He said she had the right attitude and wasn’t scared to jump in and help. “I'm really glad that after the experience she still wanted to step forward. I wish her all the best,” he said. Lucy said looking back on the scenario, there would have been so many things she would have done differently now she had police training. “It was a shock to see it now after my training,” she said. “Looking back, so much would be different. But in saying that, a lot of what we saw; the set-up of the house, the actors, etc., it’s pretty much bang on as to what could happen.” Lucy is looking forward to putting all of her new skills into practical experience when she takes up her regional deployment. “I am itching to get out there, but at the same time I will definitely miss the Academy,” she said. Lucy said she felt lucky gaining a regional placement as a probationary constable. “During my time at the Academy, it was said that if you can go regional, do it because you will learn so much more in a shorter space of time,” Lucy said. “And I’m a person that just wants to learn as much as I can. As soon as the opportunity came up, I applied, not expecting to get it as a recruit, but I was very lucky. “All I want to do now is get out on the road and put everything that I’ve learned into practice and learn as much as I can.” Her partner Ryan will also make the journey north to join her at the new posting. “My family and friends have all been really supportive,” she said. Lucy said the move to regional WA would also satisfy her desire to see more of the State and is looking forward to meeting a new group of friends. But Lucy will always remember the friends she made during the Academy and the road she took to get there, including a trip to the ‘Crackhouse’. “I’m already looking forward to catching up and talking about what we’ve all done and seen and how we’re making a difference.”

“… to see her join WA Police is fantastic and I’m pleased we inspired her.”

03 04

01 A scene from the Crackhouse Experience. 02, 03 & 04 Lucy during her training at the Academy. Pictures: Jody D'Arcy

13 POLICE NEWS APRIL 2017


01

CUE IN URGENT NEED OF UPGRADES BY STEVEN GLOVER

01 An example of the sub-standard housing in Cue. 02 The historic Cue Police Station. 03 An old cash vault is used as an armoury in Cue. 04 Holding pod in the main office at Cue. 05 The new Yalgoo Police Station.

02 03

04

05


The Cue Police Station and housing for Members in the town needs to be urgently upgraded, according to WAPU's Field Officers. Cue is a small town approximately 650 kms north-east of Perth with a population of approximately 280 people. The Cue Police Station was built in 1891 and initially accommodated five police officers. Externally, this is a magnificent stone building complex that incorporates the police station, courthouse, OIC’s quarters and the post office. Dominating the streetscape of the Cue town site, this building is a significant piece of Western Australian history. But in 2017, it is no longer fit for purpose as a modern police station. Recently, Central Region Director Mick Gill and Field Officer Dean Giacomini visited the town and were disgusted by the state of the station and the housing supplied to Members. Mr Giacomini said the police quarters attached to the complex was no longer suitable as housing due to its age and concerns with asbestos. “The old lock-up is no longer in use and lies abandoned in the rear yard of the complex. A holding pod has been installed in the main office of the police station and is within ear shot of the front counter with only a half fibro wall separating it from the front door and the main office area,” he said. “There is no front counter security screen in place and no privacy for officers working at their desks or notice boards for BOLO notices and the like. “There are no current plans to refurbish, renovate or replace the Cue Police Station.” Down the road, the new Yalgoo Police Station opened in 2016 and Mr Giacomini strongly believes a new station is needed in Cue. “The new Yalgoo Police Station is a great facility and Cue needs one exactly the same to allow Members to carry out their duties safely,” he said. “Our Members are using an old cash vault as an armoury

and it is totally unsuitable for this purpose with the unloading device situated outside the armoury. “The new Labor Government needs to urgently provide funds to replace the existing Cue Police Station complex with a new purpose built modern police facility. “Other issues with the building are the lack of secure parking for the two police vehicles and the officers’ vehicles, which have been subject to damage in the main street outside the station. The old courthouse still being used on a regular basis although it too is no longer fit for purpose. “The toilet block is a separate transportable facility in the rear yard of the police station complex and is also old and need of replacement.” To make matter worse in Cue, the standard of housing is horrendous. “The three officers stationed at Cue occupy houses which are 40-plus years old, of fibro construction and totally unsuitable for housing in this day and age,” Mr Giacomini said. There are plans are underway by GROH to build one new house in Cue to replace the oldest house which is 44 years old however, there is no other funding available to replace the other two houses. Mr Giacomini said that GROH desperately needs to provide funding to build three new houses to accommodate the three police officers stationed at Cue, if WA Police intend to continue to provide a policing service to the town. “The conditions are tough enough with the climate, the isolation and the work but it’s made far worse with a substandard police station and housing,” he said. “Members in Cue deserve decent housing to allow them some respite and to enjoy their time away from work.” The WA Police Union has raised all issues with the police station and housing with WA Police and GROH. POLICE NEWS APRIL 2017


01

Labor landslide results in “new” Police Minister

BY STEVEN GLOVER

The WA Police Union welcomes the appointment of Michelle Roberts as Minister for Police following the McGowan Labor Government’s victory in last month’s State Election.

01 Mark McGowan and Michelle Roberts addressing the media at the 2016 WAPU Annual Conference.

16 POLICE NEWS APRIL 2017

Mrs Roberts has previously held the police portfolio and WAPU President George Tilbury said he was looking forward to working with her to improve policing in Western Australia. “There are a number of issues that need to be addressed immediately by the new McGowan Government, namely a compensation scheme for medically retired police officers and a significant investment in police numbers over the next four years,” Mr Tilbury said. “Mr McGowan committed to working with us at our Annual Conference last year to right the wrongs of the past and fix the workers’ compensation issue, so we look forward to working with him and Mrs Roberts to deliver a mutually beneficial scheme within the next 12 months.”


“Mr McGowan committed to working with us … last year to right the wrongs of the past and fix the workers’ compensation issue, so we look forward to working with him and Mrs Roberts to deliver a mutually beneficial scheme within the next 12 months.”

Mr Tilbury said while Labor did not make a major commitment to police numbers during the campaign, he expected that once the new Government was fully aware of the situation on the frontline, that would change. “Our Members on the frontline are flat out, going from job to job and the only way to fix policing in this State is to invest in additional police officers,” he said. “We want 1,000 in an ideal world but an additional 500 officers is the bare minimum we need to have any chance at curbing the effects of our meth epidemic. “I am sure that once the new Labor Government is briefed by WA Police and gets an opportunity to interrogate the Agency, they will see that we desperately need more police officers. “Mrs Roberts is an experienced Police Minister and will not be afraid to ask the hard questions to ascertain the cold, hard facts. “She has a strong track record as a Minister and in Opposition of challenging the Agency, so we’re sure she will work hard to find out exactly what needs to be done to assist our Members on the frontline and improve community safety. “Labor were outspoken in Opposition about the Metropolitan Operating Model and have vowed to make changes. If this occurs, we will work closely with the Minister and WA Police to ensure that any enforced changes are beneficial for our Members. “It’s going to be an interesting time with a new Commissioner of Police also likely, so we anticipate more change. Mr Tilbury said he was also looking forward to Labor delivering other police commitments including the ability for officers to use force to end pursuits and the closing of the mandatory sentencing loophole for drivers who evade police.

The new Labor Government’s Law and Order Commitments • Work with senior police officers and WAPU to develop a mutually beneficial system of workers’ compensation for medically retired police officers. • Introduce a new Section into the Police Act so that medically retired police officers can leave WA Police with dignity. • Work with WA Police and WAPU to address concerns and modify the Frontline 2020 policing model. • Increase the number of 24/7 police stations, increase the opening hours of some stations and ensure WA Police has the resources to ensure this is feasible. • Formation of a Meth Border Force to stem the import of methamphetamine into Western Australia. This initiative will employ an extra 100 police officers. • Resources to significantly increase the number of roadside drug and alcohol tests. • Introduce legislation requiring motorists to slow down and move over when approaching emergency services vehicles that have their lights flashing. • Trial extra measures such as roadblocks and force against pursued vehicles. • A McGowan Labor Government does not have an intention to change the powers of the Corruption and Crime Commission. • Committed to reviewing police officers' access to the WA Industrial Relations Commission. • Extend the scope of the Mandatory Testing (Infectious Diseases) Act 2014 to include the accidental transfer of fluid for workers covered under the Act. • A number of policies in relation to the justice system including tougher post-sentence conditions for violent offenders, the formation of a High Risk Offenders Board to assess violent offenders nearing the end of their sentence, and No Body No Parole laws.

17 POLICE NEWS APRIL 2017


Setting leadership intent: What steps are you taking to keep the monkeys off your back? BY LINDSAY GARRATT

Metropolitan Region Director

IN THIS EDITION, I SHARE WITH MEMBERS SOME THOUGHTS FROM LEADERSHIP GURU RON CACIOPPE. Recently, Ron and his colleague Megan Davidson wrote about empowerment citing a popular Harvard Business Review article. Today, more than ever before, leaders need to have a clear vision for an organisational culture which values and empowers others to help identify and solve problems, mobilise change, make decisions and ultimately achieve results. Yet in my discussions with frontline colleagues, there are frequent complaints about the little time they have, often working excessive hours to meet demands. Conversely, there are frequent complaints of people engaging in work practices verging on micro-management under the mask of intrusive supervision. Ron is the Managing Director of Integral Development. With more than 30 years working with business, government and not-for-profit organisations in Australia, Asia and the United States, he specialises in developing people to reach their potential and ensuring maximum transfer of learning to the

highlights … the need for leaders to develop the culture, set the context or the parameters for people to work within, and ensuring their own behaviours work to unleash the potential of their people.

18 POLICE NEWS APRIL 2017

workplace. Ron holds a BSc, an MBA and a PhD, and has held several professorial positions including the Australian Institute of Management’s Professor of Leadership and has taught in graduate programs at a number of Australian universities. The article by Ron and Megan highlights to me the need for leaders to develop the culture, set the context or the parameters for people to work within, and ensure their own behaviours work to unleash the potential of their people. Leaders who insist on dipping in the weeds only work to disempower their people and generate a greater unnecessary workload for everyone. Ask yourself: What steps are you taking to keep the monkeys off your back? With their kind permission, I share here Ron and Megan’s thinking. ▷

Reference “Management Time: Who’s Got the Monkey?” By William Oncken, Jr. and Donald L. Wass From the November–December 1999 Issue. Original article reproduced with permission from the authors, and located at: http://www.integral.org.au/ from-carrying-monkeys-to-empowering-leadership


LEADERSHIP

From carrying monkeys to empowering leadership By Ron Cacioppe and Megan Davidson, Integral Development

A leader needs to be very clear on his/her intent of the organisation so that staff can act on the leader’s behalf, even if the leader isn’t present, because the staff know the outcomes the leader wants.

SAM, ONE OF YOUR STAFF, walks into your office and says, “We have a problem and won’t make the delivery date.” After you ask why, Sam tells you, “Two people are off sick in the drafting area so we’ve had to put the delivery date back one week since we aren’t certain how many days they will be out. The customer has rung and isn’t happy. Can you give them a call and explain?” You agree to call the customer straight away despite the fact that you have other priorities. Sam walked in with a monkey on his back, a customer annoyed about the late delivery and when he walked out of your office, it had been transferred to you. Later that morning, Helen, the accounts clerk, comes in and tells you that she has a problem with the new process that the Accounting Manager, Julia, has implemented. She spends 15 minutes complaining about the process and adds in a few red herrings that are upsetting her and asks you to speak with the Accounting Manager to sort it all out. You agree to have a meeting with Julia to tell her about the situation. You now have two monkeys on your back and it’s not even lunch time. When you look over your ‘To Do’ list, you see that you have a tribe of monkeys, problems that other people have transferred to you. Does this sound familiar? In 1999, William Oncken and Donald Wass published an article in the Harvard Business Review titled “Management Time, Who’s Got the Monkey?”. In fact, it was so popular, it was republished in 2014. Why? It’s something we can all relate to. We’ve all had that moment when someone leaves you with a monkey and you wonder how it happened. The most common challenge that leaders have today is they find their time is often spent going from one meeting to another and answering emails and phone calls that deal with operational problems rather than the high level strategic issues. Leaders need to take steps to get the monkeys off their back. One strategy is for leaders to apply the principals from the HBR article and develop the initiative of their teams. This means that staff members are asked to come to a leader with a potential solution for the problem they are presenting. This makes sense, seeing as they are the ones that know the problem best so are likely to have a sound solution. It requires the leader to take control of the moment and not be allowed to

be interrupted unless it really is a priority. A response of “I’m busy right now but let’s set up a time to discuss this properly. How long do you need?” can allow you the time to deal with the monkey properly. Leaders can then make sure they set clear expectations around the actions, goals, deadlines and resources but only take on the monkey as a last resort. Another strategy leaders can adopt is the intent-based leadership style that David Marquet describes in his book, “Turn Your Ship Around” when he took over one the worst performing nuclear submarines in the U.S. fleet, the Santa Fe. The morale of the crew was low, the turnover of staff high and the operation of the submarine did poorly during inspections. Commander Marquet introduced a leadership approach he called ‘Leadership Intent’ which involved describing the intention i.e. the desired outcome of the project or task very clearly. He then let staff get on with the task in the way they feel is best. It took over two years to get his executive team and his front-line leaders to embrace this approach fully, although the language was implemented within 24 hours. Consequently, the Santa Fe went from being the worst performing submarine to being the best rated sub in the fleet ever. The philosophy behind intent-based leadership is that decisions should be made where the information is – usually the front line staff. Instead of the leader telling staff what to do and how to do things, he/she only needs to clearly state to staff the intent and then enable them to carry out the mission. Both leadership techniques can be used together: encourage staff to come up with solutions instead of passing ‘the monkey’ on to leaders, and describing clearly the intent of a task and then let the staff get on with it. These approaches require a shift in the culture of an organisation. A leader needs to be very clear on his/her intent of the organisation so that staff can act on the leader’s behalf, even if the leader isn’t present, because the staff know the outcomes the leader wants. This requires the culture to move to a solution focused approach rather than transferring monkeys to the leader. This allows the leader to focus more strategically and allows staff to feel more empowered and satisfied in their work.

19 POLICE NEWS APRIL 2017


DIRECTOR OPINION

KEVIN McDONALD

Metropolitan Region Director

Police micromanagement – a familiar perspective APPARENTLY MANY OF THE doctors and medical staff at Princess Margaret Hospital (PMH) believe staff shortages, poor communication and management decisions are compromising patient safety and the reasons behind poor staff morale and a loss of confidence in PMH management. A Health Department survey revealed around half of the staff that work for the Child and Adolescent Health Service (CAHS) at PMH say the organisation doesn’t treat them with respect and they would not recommend their organisation as a good place to work.

The PMH oversight CAHS Board is currently looking for ways to improve communication between PMH management and staff. It has implemented a wellness program for junior doctors and has recently commissioned a review of staff concerns to be overseen by the former head of their medical association. WA PU Memb er sur vey s and feedback over time reveal similar staff complaints regarding being over worked, a lack of staff and resources and poor morale caused by management decisions. Complaints that often fall on deaf ears, nothing ever changes and unlike PMH, there is no independent board to oversee police management behaviour and performance. You might think that it’s the role of Government to oversee police management but they are just not equipped for the job. The very existence of a CAHS Board is evidence that independent experts are needed to properly evaluate public sector management performance. The recent ill-informed and erroneous political commentary about the causes of and

… micromanagers believe they are alone in understanding the strategic way forward. Consequently, they surround themselves with people who they know are agreeable and won’t question their authority or challenge their activities. 20 POLICE NEWS APRIL 2017

solutions to drug crime only serves to amplify that need. As it currently stands, the only people managing police senior management performance are police senior management. If in fact that is actually occurring. One of the loudest criticisms of police mismanagement we hear at the union is micromanagement. Micromanagement is defined as an example of poor management where the manager over-manages people unnecessarily. Instead of giving people general instructions and then allowing them to do their job, the micromanager monitors and evaluates every stage of the process and this interference can demotivate employees and create resentment. Micromanagement adver s ely impacts business efficiency, individual creativity and trust. Employees who are regularly micromanaged are reluctant to make decisions, preferring to wait for direction while productivity goes into decline. What once came naturally, talented and creative staff cease to demonstrate initiative, cautious that the micromanager perched on their shoulder is primed to inspect, cross-examine, chastise and reinvent every idea, decision or action. Then there is the demise of trust. With an omnipresent microscopic observer in-situ, reversing decisions either behind one’s back or in their face, usurping delegated authority and demanding explanations, employee’s resolve to tell the micromanager nothing of any consequence. The

employee learns not to challenge and offers only what they believe the micromanager wants to hear – anything but the truth. Micromanage r s are k nown to manage by fear and this is demonstrated when instructions are directed with the same pronounced level of autocracy, intensity and scrutiny whether there is justification or not. Poor communication is another adverse by-produc t of micromanagement. Micromanagers only hear their own voice and employees rapidly withdraw from a management style that always knows better, doesn’t listen to the people below and the only invitation to speak is to explain what went wrong (When the real fault lies with the inquisitor!). Micromanagement attributes can often be found in those ill-prepared for but rapidly elevated to managerial roles. Accustomed to a big stick approach because of their limited emotional intelligence and poor understanding of strategic management, they don’t know what they are supposed to do so they revert back to a familiar comfort zone – only now they have a bigger stick. Good strategic development is abandoned in preference to selfish ideas, token planning, a lack of foresight and no defensible performance measurement or review.

Continued on page 23


FINANCIAL PLANNING

NIGEL JENKINS

Employee Representative Financial Planner P&N Bank

Big changes are coming to super ON JULY 1, 2017 BIG CHANGES are coming to super. It’s important to understand what the new rules are and how they will affect you. While the changes are wideranging, most relate to the super contributions cap. That is, how much you’re allowed to put into super to take advantage of the generous tax environment super offers.

While the changes are wide-ranging, most relate to the super contributions cap. That is, how much you’re allowed to put into super to take advantage of the generous tax environment super offers.

CHANGES TO CONCESSIONAL CONTRIBUTIONS What are the new caps for concessional contributions? For all GESB** Gold State and West State members the good news is, that all before-tax contributions made are not limited by the new annual concessional contributions cap and this remains unchanged from current rules. The applicable rules are set out in the table top right. Carry forward unused contributions From July 1, 2018, GESB Super Members who have not used their f ull co n ce s s i o na l (b e f o r e - t a x) contributions cap, with super account balances of less than $500,000 may be able to make 'catch-up' concessional contributions. Lower income threshold for Division 293 tax for high income earners For GESB Super, West State Super and Gold State Super members, the threshold at which high-income earners pay additional tax on their concessional contributions (Division 293) will be lowered from $300,000 to $250,000 per annum from July 1, 2017.

CHANGES TO NONCONCESSIONAL CONTRIBUTIONS Non-concessional contributions (NCCs) are those contributions you make to super with your after-tax dollars. What are the new caps for NCCs? The Government has reduced the cap on non-concessional contributions from July 1, 2017 as shown in the second table top right.

GESB FUND

ANNUAL CONCESSIONAL CONTRIBUTION CAP AFTER JULY 1, 2017*

GESB Super

Annual concessional (before-tax) contributions cap will be lowered to $25,000

GESB West State GESB Gold State

Concessional contributions to West State Super and Gold State Super are not limited by the annual concessional contributions cap and this remains unchanged. However, concessional contributions made to West State Super or Gold State Super will be included in the annual contributions cap (for the purposes of determining the remaining annual cap available to a member in their taxed super funds).

* Remember - your employer’s 9.5 per cent Super Guarantee contributions count towards your concessional contributions cap. ** GESB Superannuation. 2016/17 Federal Budget - changes to super. Retrieved from: http://www.gesb.com.au/index_budget2016.html

CURRENT CAPS FOR NCCs

$180,000 annually or $540,000 over three years for those under 65

In addition to the lower annual caps: • GESB Members with a super account balance of $1.6 million or more will no longer be eligible to make non-concessional contributions. • Members under age 65 will still be eligible to bring forward up to three years of non-concessional contributions. However, any amounts brought forward from July 1, 2017 will reflect the reduced annual cap. • Members with account balances close to $1.6 million will only be able to bring forward the annual cap amount for the number of years that would take their balance to $1.6 million.

CAPS FOR NCCs AFTER 1 JULY 2017

$100,000 annually or up to $300,000 over three years for those under 65

• Transitional arrangements will apply for members who have made a non-concessional contribution in 2015/16 or 2016/17, but have not fully used their bring forward before July 1, 2017.

SUPER PENSION LIMITS THE BALANCE OF YOUR PENSION ACCOUNT • A new $1.6 million cap will apply on the total amount of super that can be transferred to a tax-free retirement account. • Retirement savings over $1.6 million can remain in a super accumulation account or be invested outside of super. Continued on page 37 21 POLICE NEWS APRIL 2017


CLAIRE LLOYD

Industrial Officer

WAPU begins work towards replacement Industrial Agreement for police officers THE END OF JUNE MARKS THE END OF THE CURRENT INDUSTRIAL AGREEMENT for police officers which was registered in 2014 and work is well underway on the replacement. In this article, we will provide you with an update about the log of claims we have provided to WA Police which forms the basis of these negotiations as well as some explanation on the current landscape we enter as we start this process. Timing wise, as we approach the bargaining table we come hot on the heels of negotiating with WA Police and the Department of Commerce for the police auxiliary officers Industrial Agreement 2016. As negotiations with WA Police stalled and mutual agreement could not be reached to formulate a new Agreement for the small PAO cohort, the proposed log of claims, along with existing entitlements afforded by their current Agreement, will be reviewed in arbitration by the West Australian Industrial Relations Commission (WAIRC). The presiding Commissioner will ultimately decide what their new Agreement looks like. It was quite disheartening for our PAO Members that Government would rather spend substantial money to arbitrate their entitlements with a view to giving them nothing more than a State Wages Policy 1.5 per cent pay increase than use that money to pay for the few items on their log of claims which would have made a vast difference to them in real terms.

The figure we intend to ask for contains a “catch up” component to compensate for the previous “loss” as a result of the 2014 negotiations.

22 POLICE NEWS APRIL 2017

The log of claims for the replacement police officers Industrial Agreement covers most areas of entitlements and allowances that make up your current conditions. This log of claims is comprised of motions from Annual Conferences held since registering the 2014 Agreement, Branch motions and outcomes from reviews conducted by WAPU since the last Industrial Agreement came into effect. The log of claims, whilst comprehensive, does not contain the granular detail that will be discussed during the negotiations. As you will know by now, we have asked for a reasonable salary increase over a two-year term. This figure acknowledges that during the previous industrial negotiations, Members agreed to accept the offer put on the table by Government in order to protect their existing and hard-fought conditions. However, the proviso was that next time we were at the table, our Members’ flexibility and understanding would be recognised and factored into future negotiations. The figure we intend to ask for contains a “catch up” component to compensate for the previous “loss” as a result of the 2014 negotiations. It also takes into account fair consideration of the State’s current economy and acknowledges the previous Government’s State Wages Policy which capped all pay rises to 1.5 per cent for public sector workers. We have decided to ask for a two-year Agreement to reflect the ongoing economic uncertainty of the State. It is fair to say that in this current economic climate, the Government’s cupboards are somewhat bare so that will make this upcoming period both an interesting and frustrating time for our Members as well as the WAPU Negotiating Team.


INDUSTRIAL REPORT

DIRECTOR OPINION

Continued from page 20

EBA NEGOTIATIONS UPDATES Keep an eye out for email updates on the EBA negotiations.

The previous Government’s State Wages Policy was a very bad deal for employees. Public sector workers received minimal increases to their wages - 1.5 per cent and no extras to soften the blow. The new McGowan Labor Government has previously indicated that it will stick by the previous Liberal-National Government’s State Wages Policy, but we would like to think that there will be room for real negotiation on efficiency improvements and commensurate increases to conditions when negotiations commence.

The Industrial Team remain available for Members to speak to about any aspect of the forthcoming negotiation process or the log of claims. Please feel free to contact one of the Industrial Team at WAPU HQ on 9321 2155.

EMERGENCY 24/7 DIRECTOR 0438 080 930

639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155 F: (08) 9321 2177

Blinded by their own success and image of self-importance, micromanagers believe they are alone in understanding the strategic way forward. Consequently, they surround themselves with people who they know are agreeable and won’t question their authority or challenge their activities. Those brave enough to raise a hand of objection are quickly demonised, ostracised and moved on. They in turn become disenchanted, disenfranchised and most often silenced. Perhaps there are some micromanagers operating at senior levels of WA Police – feedback suggests there is more than a couple. Fly by the seat of your pants management is a real, present and frightening outcome of micromanagement and for the community we serve. Now is as good a time as any for a new Government to consider assembling an independent police management oversight board much like the CAHS Board. An expert body who can, without fear of condemnation or reprisal, report back to Government with a status report of police management behaviour and performance that is both honest and accurate. A board that has the capacity to safeguard against the compromise of community safety. In the unlikely event of that occurring, can I share with you some sage advice from someone I admire: “Never be a spectator of unfairness or stupidity. The grave will supply plenty of time for silence” Christopher Hitchens.

Mick Kelly

EMERGENCY DIRECTOR

WAPU

wapu.org.au admin@wapu.org.au

23

POLICE NEWS APRIL 2017


DAVE LAMPARD Field Officer

Eucla fire raises hazardous issues DUE TO ITS ISOLATION, EUCLA DOES NOT HAVE THE ABILITY to provide normally accepted Federal, State or Local Government services. Police officers often have to step up and act as authorities, in addition to their normal police obligations. Occasional bushfires on the vast Eyre Peninsula may cover thousands of hectares of area but the risk to life and property is minimal. The instances of property fires are also minimal however, the nature of the construction of some buildings increases the risk of unknown hazards due to the uncertainty of some materials used in construction. Isolated areas such as Eucla may have older timber or metal framed community buildings, clad with cement composite material sheets internally on the walls and ceiling as well as externally on the walls and eaves. Such is the case with the Eucla Recreation Hall, which I first visited on the 2011 Wall to Wall Ride. I noticed that the ceiling was clad with square polystyrene tiles, a product I had not seen since the 1960s. The product has now been banned for many decades due to the hazards created when the tiles burn. When subjected to heat, the polystyrene first globulates then drips down and burns, emitting toxic fumes. Six years later, on February 27, 2017, day shift at Eucla Police Station was alerted to a fire at the hall. The local CSO is also the sub-district Volunteer Fire and Rescue Captain and all of the sworn officers are volunteer fire fighters. Those officers had no choice but to engage in a dual combat and command role at the scene. With no time to don their Fire and Rescue PPE(C), there was a need to address the imminent danger, firefighting, evacuation and preserving the scene for evidence and later investigation.

‌ if our Members were injured during their obligations as bailiffs they would be entitled to this protection. However, while performing the duties of a volunteer firefighter, they may well not be eligible.

24 POLICE NEWS APRIL 2017

The fire was in the ceiling void and spreading. Realising that the kitchen cooking equipment was fueled by LPG bottles, removal of the bottles became the prime focus to lessen the effects of the fire. An explosion through overheated gas bottles could be catastrophic to the entire area. Disconnecting the bottles was now the number one priority. This task was successfully performed and bottles moved to a safer location. Now came the next critical decision, how to fight the fire and extinguish the flames. The material construction was not clear and advice was received to allow the building to burn out, as it was far enough separated not to threaten other surrounding dwellings. Members would not have been aware about the materials in the wall sheets nor the ceiling tiles. Buildings of this age often used cement board sheets that contained asbestos fibres for strength and durability purposes. When these sheets are subjected to intense heat, the air inside the sand and cement components explodes which in turn spurts out the asbestos fibres into the atmosphere. So at this point, there were two airborne hazards in the area, which was not helped with the swirling hot winds emitted from the fire. Later, when one of the attending Members alerted WAPU, a distinct cough was detected, as was coughing from his fellow fire fighters in the background. This is not unusual having been exposed to such a contaminated environment. Herein lies the difficulty for police officers who have, by the very nature of transfer to regional WA, taken on all manner of extraneous and supplementary duties for the benefit of the community. The work and non-work related industrial medical entitlements for our Members are the benchmark in Australian policing, as are post-separation benefits for work-related issues. The same cannot be said for workers’ compensation entitlements should our Members be injured or succumb to illness caused by the very nature of their duties.


FIELD REPORT

POKER RIDE 01 02

This is where the dual role performed by our Members while on rostered duty becomes interesting. Paid firefighters and volunteer firefighters are protected by presumptive legislation that accepts that certain ailments were caused by the hazards present at a fire scene. This entitles them to the protection of the Workers’ Compensation and Injury Management Act. Now, if our Members were injured during their obligations as bailiffs they would be entitled to this protection. However, while performing the duties of a volunteer firefighter, they may well not be eligible. Our Members should have the same presumptive protection and be entitled to make a valid compensation claim on the proviso that the WA Police OSH SIMR F1 procedure is appropriately submitted. Hopefully, in this instance our Members will avoid any such illnesses which will negate the need to lodge claims. However, if there is a need to make such a claim, WAPU will assist them in the procedure and fight for a just compensation payment.

The police chapter of the Emergency Services Motorcycle Association will be conducting a poker ride to benefit WA Police Legacy.

01 The Eucla Recreation Hall fire at its height, with LPG bottles now detached from the side back corner of the building. 02 The final stages of the fire, with asbestos sheets cracking, fracturing and exploding fibres into the air.

Any interested serving or retired police officers and their family and friends are invited to take part in a Poker Ride with a chance to win $100. The ride will commence at Stockland Bull Creek Shopping Centre car park at 8.30am on May 21, 2017. Your first card will be dealt here and you will depart at 9.30am. The first stop will be at The Golden Pond, 355 Mundijong Road, Baldivis for a coffee, where your second card will be dealt. Then the ride will head to Jarrahdale where your third card will be dealt. From there, the ride will go to Canning Dam where your fourth card will be dealt. The ride will finish at the Mundaring Weir Hotel where your final card will be dealt and a sausage sizzle lunch will be provided. The game winner will also be decided there. The ride will be approximately 140 kilometres and admission costs $25 for those intending to take part in the poker game. A raffle will be held prior to the ride with all proceeds from the day being contributed to WA Police Legacy. Members of the Emergency Ser vices Motorcycle Association will conduct the Poker Ride.

From more information, please contact Ivan Bennison on juneivan1@bigpond.com

25 POLICE NEWS APRIL 2017


Free legal services for WAPU Members, their families and retired Members.

To arrange a preliminary in-person or phone appointment contact WAPU HQ on (08) 9321 2155

Leading Australian law firm, Tindall Gask Bentley is the preferred legal services provider of the WA Police Union, offering 30 minutes of free initial advice and a 10% fee discount.

PERSONAL INJURY • Motor accident injury compensation

• Public liability

• Workers compensation

• Superannuation claims (TPD) Tim White

Richard Yates

Wendy Barry

Renee O’Callaghan

Rosemary Caruso

Fiona Fagan

Richard Yates

Samuel Joyce

FAMILY AND DIVORCE Matrimonial, De Facto and Same-Sex Relationships • Children’s Issues

• Property Settlements

• Child Support matters

• “Pre-nuptial” Style Agreements

WILLS AND ESTATES • Wills and Testamentary Trusts

• Advice to executors of deceased estates

• Enduring Powers of Attorney

• Obtaining Grants of Probate

• Enduring Guardians

• Estate disputes

CRIMINAL AND DISCIPLINARY • The Corruption and Crime Commission

• Criminal and Disciplinary matters

• Courts of Inquiry

Tindall Gask Bentley is a leading Australian law firm. We’ve been helping people with injury, family and estate matters for more than 40 years. With a culture of service and empathy, we are fiercely committed to our clients.


NAKKIE LE ROUX

LEGAL

Associate, Tindall Gask Bentley Lawyers

Vicarious liability OUR MEMBERS ON THE frontline are highly-trained to deal with intense situations, often requiring splitsecond decision making to protect the public. But our Members’ protection is of equal importance. Not only protection from harm and harassment, but from penalty for their actions performed honestly, ethically and in the course of duty.

Protection from personal liability is important because it enables police officers to execute their functions and duties without fear of a civil action for damages being brought against them individually. This protection allows members of the Police Force to act with the safety and wellbeing of the community as their priority. The Police Act 1892 (‘the Act’) sets out to consolidate and amend the law relating to the police in Western Australia. The Act also intends for the appointment of members of the Police Force to preserve peace and order throughout Western Australia. Section 137 of the Act sets out the law regarding the protection of members of the Police Force (‘police officers’) from personal liability while performing the functions of a member of the Police Force: “(3) An action in tort does not lie against a member of the Police Force for anything that the member has done, without corruption or malice, while performing or purporting to perform the functions of a member of the Police Force, whether or not under a written or other law…

WAPU Members should be aware of the law regarding the protection from personal liability while performing the functions of a member of the Police Force.

(5) The Crown is liable for a tort that results from — (a) anything done by a member of the Police Force, without corruption or malice, while performing or purporting to perform the functions of a member of the Police Force, whether or not under a written or other law; (6) The Crown’s liabilit y under subsection (5) does not extend to exemplary or punitive damages.” In performing their functions and duties it is possible, for example, that a member of the public is injured (either physically or psychiatrically) by a police officer resulting in a potential claim for damages. In tort law an action for damages would lie against such police officer for damages, however pursuant to section 137 (3) of the Act an action for damages against such a police officer is specifically excluded, unless such a member acted with corruption or malice. Pursuant to section 137(5) (a) of the Act it follows that the State is vicariously liable for a tort committed without corruption or malice by a police officer. However, the State is not liable for any tort committed by a police officer that is done with corruption or malice. It is important to note, however, that pursuant to section 137 (1) (b) of the Act the section 137 protection from liability to police officers does not extend to the right to recover damages from the owner or driver of a motor vehicle in respect of the death or injury to a person caused directly by the driving of that vehicle. In

such cases the owner or driver is subject to the provisions of the Motor Vehicle (Third Party Insurance) Act 1943 WA. In the case of Cunningham v Traynor [2016] WADC 168, the Court considered the meaning of ‘malice' in section 137 of the Act. In this case, the plaintiffs were detained, tasered and arrested in the early hours of the morning of November 2, 2008. They were taken to the Fremantle Police Station and charged with obstructing a police officer in the performance of the officer's functions in contravention of section 172(2) of the Criminal Code. The charges against the plaintiffs were dismissed following a trial in the Magistrates Court during April 2010. In 2011, the plaintiffs instituted legal proceedings against the three police officers involved in the incident and against the State of Western Australia. The plaintiffs claimed damages for battery and misfeasance in public office from the three police officers and damages from one of the officers, who was also the investigating police officer for malicious prosecution of the criminal charges and who initiated and maintained the charges. The plaintiffs claimed damages from the State for damages for battery and false imprisonment. All four defendants denied liability and claimed the three police officers acted lawfully and fairly.

Continued on page 38 27 POLICE NEWS APRIL 2017


MEMBER BENEFITS

BAYSWATER MAZDA – WA POLICE UNION MEMBERS EXCLUSIVE OFFER* WA Police Union Members Receive: • Access to a dedicated Corporate Vehicle Specialist

• Access to Corporate Evaluation Vehicles

• Free 12 months Roadside assistance when purchasing a vehicle

• Free 3 years/30,000 kms scheduled Servicing exclusive to Bayswater Mazda

• Free loan car supplied for all routine services

*Offer Exclusive to WA Police Union Members. Vehicle must be purchased from Bayswater Mazda and all servicing must be done at Bayswater Mazda. MD25174

Driving is better with Bayswater

(08) 9271 7777 www.bayswatermazda.com.au Cnr 374 Guildford & Garratt Road, Bayswater

Family friendly self defence classes Engaging, fun and motivating classes for both adults and kids, held in a fully equipped gym.

Learn the Ancient Japanese Art of Ju Jitsu. Passed down between generations, this unique ancient form of self defence concentrates on unbalancing the opponent and using their force against them. Ju Jitsu also helps: • Develop self discipline • Increase confidence • Build character Adults: $120 per month (including gym)

• Improve the ability to adapt & change to situations • Increase control of mind and body • Weapons and Combat Training Children: $105 per month

WAPU Members and their children receive a

First 2 Lessons FREE

20% DISCOUNT

CNR Hutton St and the Freeway, Osborne Park. Next to Carpet Call. Paul Van Lieshout | paul@thecolosseum.com.au | 0447 535 443 Dan Newcombe | daniel.newcombe@thecolosseum.com.au | 0409 822 127

28 POLICE NEWS APRIL 2017


Bought to you by

HEALTH

POLICE HEALTH

Bullying: helping the next generation A KEY ROLE OF ANY POLICE officer is keeping the public safe – something that your training and experience helps you manage. But your skills can be equally tested when it comes to protecting your own children when they are victims of school bullying.

Your tendency may be to take charge and swoop in TRG style – and that could be counterproductive and cause more harm than good. It’s important that children are given the opportunity and tools to resolve issues themselves – life skills that can help shape them for the challenges of adulthood. Just as in the workplace, schools are made up of a melting pot of individuals with varying personalities and from different backgrounds. Sometimes these differences can be a formula for conflict and escalate into bullying. For those on the receiving end life can be miserable and, in serious cases, it not only affects their schoolwork but can bad for their health. Persistent bullying can be a cause of headaches, loss of appetite, insomnia, panic attacks, clinical depression and even suicide. How you help your children deal with inappropriate or unacceptable behaviour requires a well thought-out approach. Start the conversation early, even when there are no signs of bullying, and provide them with some coping strategies.

But if someone keeps behaving badly and has a habit of picking on other children, then it’s time to deploy some survival tactics.

IS YOUR CHILD BEING BULLIED? Sadly, conflict and bullying is a fact of life in all schools, just like many workplaces. Recent research by the Federal Government indicates that one in every four children in Australian schools is affected by bullying. With the revolution in social media, children are also victims of cyber bullying, with one study estimating nearly 500,000 students in Australia suffer online abuse. Children who are frequently bullied by their peers are more likely to develop psychotic symptoms in their early adolescence and up to nine times more likely to have suicidal thoughts. Abuse can take various forms and includes shouting, intimidating or humiliating behaviour, personal insults, angry criticism, spreading vicious gossip and physical violence. Identifying if your child is being bullied is not always easy, especially if they hide their emotions. Here are some clues: • Unexplained cuts and bruises and loss or damaged personal items and school supplies; • Lack of interest in going to school or joining in other activities; • Change in behaviour or personality, including being withdrawn, moody and anxious; • Difficulty in sleeping, nightmares and bed wetting; • Lack of appetite and physical complaints such as headaches and stomach aches;

• Rushing home to use the bathroom – school toilets are often hot spots for bullying; and • A sudden drop in school grades.

OFFENSIVE COMMENTS CAN HURT Disagreements and teasing are part of growing up and children sometimes make offensive, sexist or racist comments they think are funny and have no idea they are upsetting others. If your child is offended by such behaviour, listen in a non-judgmental way. Let your child do the talking and don’t try to solve the problem. Ask questions about what happened and how it made them feel. Then, with a little prompting, encourage your child to come up with ideas on ways to resolve the conflict. Make sure they don’t resort to name calling, which will only escalate the situation. A more conciliatory approach might be: “I know it wasn’t your intent, but that was rude,” or “I’m confused by what you said.” The other child may be unaware their comments are offensive and be embarrassed when they realise they have been upsetting people. If they keep making unacceptable comments, then it may be time to talk to someone in authority. Let your child know they can always come to you if they need further advice or help, especially if the bullying continues or gets physical. Continued on page 37 29 POLICE NEWS APRIL 2017


Package a new car and save on tax

Proud supporters of

Your Package Includes Finance, Fuel, Insurance, Servicing, Tyres & Registration

Did you know that you can save thousands by salary packaging your next car? Let the experts at Fleet Network take the hassle out of car buying - we’ll source your car, pass on national fleet discounts and package all your running costs, while you save on tax. It’s worth a call – it’s your salary, after all.

1300 738 601 www.fleetnetwork.com.au/wapu Fleet Network Pty Ltd. To qualify for this offer you must mention this advertisement to Fleet Network prior to the completion of your initial contract. Vehicle must be new and supplied by Fleet Network. Not valid in conjunction with any other current Fleet Network offers. Employees should consult their employer’s salary packaging policy before entering into a contract. *Subject to Employer policy. Vehicle for illustration purposes only.


JIM BARNETT

MOTORING

Motoring Reviewer

Spiritual successor AND FINDING SOMETHING not to like about it could be a difficult exercise

Levorg is smooth and quiet around town but, on twisty bitumen, it is a wolf in sheep’s clothing.

DESIGN The new Levorg, with its WRX running gear, is a spiritual successor to the Liberty GT Wagon, according to Subaru. Although not quite as aggressivelooking as WRX, this new sports wagon has a big bonnet scoop, chunky sill panels, 18-inch alloys, a shark-fin antenna and dual exhausts. Comfortable seating for four adults features with a 60/40 split-fold rear seat and plenty of cargo space. Seats on entry GT are trimmed in hardwearing woven fabric with contrasting stitching, while GT-S has leather trim. The small, leather-bound, D-shaped steering wheel comes with buttons for audio, phone, cruise control and SI drive mode. A smart gauge layout features an LCD display with various options including digital speed readout.

A second LCD in the central fascia displays many functions, including trip computer and climate control. Other features are a sprinkling of metallic garnishing around the cabin and drilled alloy pedals.

VALUE FOR MONEY Levorg is available in two spec levels: GT ($42,990) and GT-S ($48,890). GT-S can be optioned up with a range of STi add-ons (B-pack) for an additional $4,000. Standard items on GT include: • Touch-screen audio system (6.2inch) with Bluetooth streaming. • Aux and USB inputs. • Dual-zone climate control. • Keyless entry with push-button start. • Four USB charging sockets. • Cargo blind.

SAFETY Levorg scores a five-star ANCAP safety rating. Its main features include: • Seven airbags (including driver’s knee). • Symmetrical All-wheel-drive. • Electric park brake with hill-hold function. • LED headlights and tail lights. • Reversing camera with gridlines. • Subaru’s third-generation Eyesight safety system incorporating: • Enhanced pedestrian avoidance. • Pre-collision braking and steering assistance. • Advanced adaptive cruise control. • Lane departure warning. • Brake light recognition.

STATS Levorg’s 2.0-litre turbocharged Boxer engine produces 197kW of power (5,600rpm) and 350Nm of torque (2,400-5,200rpm). Drive is to all four wheels through a CVT automatic transmission with eight-speed manual mode operated by paddle shifters. Subaru claims combined fuel economy of 8.7 litres/100km with a requirement for 95 RON fuel. Levorg’s 0-100km sprint takes 6.6 seconds. Cargo space varies bet ween 522 litres and an impressive 1,446 litres.

ON THE ROAD The name is odd but there is absolutely nothing to dislike about Levorg. It is comfortable, well laid out, and boasts a great driving position. Levorg is smooth and quiet around town but, on twisty bitumen, it is a wolf in sheep’s clothing. Marginally slower than WRX CVT, it is an exhilarating drive, pin-sharp on corners and brakes, and steers better than one would expect of a wagon.

VERDICT W hat could b e c alle d W R X Sports Wagon is a winner. It delivers family-sized cargo space with great performance at a realistic price.

31 POLICE NEWS APRIL 2017


LISTEN

READ

UNMASKED

LIFE SENTENCE

It’s been five years since Turia Pitt made headlines for having barely survived her ordeal in the desert. And in that time, she has become one of the most inspirational women in Australia. With the benefit of hindsight and five years’ worth of getting of wisdom, Turia is only now able to account for how she prevailed where others might have faltered. And for the first time, in this book we get to know the people who – by Turia’s own admission – made her recovery possible. Unmasked will reveal the woman behind the headlines, and in so doing, uncover the grace, humour and inner-steel that gets Turia Pitt through every day – and which leaves the rest of us watching on in amazement.

As soon as Simon could join the NSW Police Force, he did – it was all he had ever wanted to be. Climbing the ranks from probationary constable, he worked in stations around Sydney, and was tasked with investigating suicides, high-profile murders, paedophile rings and even colleagues. Not once did he speak to anyone about the traumatic things he had seen – the bodies, the grief, the destroyed lives. Taking a serious toll, Simon’s marriage dissolved. He became embroiled in a lengthy and costly custody battle of his son, and began to suffer panic attacks and nightmares. Formally discharged from the Police Force in 2012, he was hounded and harassed by insurance companies who didn’t believe his claim for illness.

TURIA PITT RRP: $34.99

THE GREAT COUNTRY SONG BOOK VOLUME II

SIMON GILLARD RRP: $34.99

ADAM HARVEY AND BECCI COLE Out April 28 Diagnosed with PTSD, Simon was frightened by what his diagnosis meant: would it affect the custody he had of his son? Would it mean he’d never be able to return to the only job he had ever known? What would everyone think if they knew he had a mental illness? Over the years he made four separate attempts on his life as he struggled with his mental illness. Simon Gillard has spent the last two years advocating change; trying to remove the stigma that surrounds mental illness, and create awareness of PTSD – this memoir is a further attempt to do so.

WIN Thanks to the Penguin Random House, we have one copy of Unmasked and Life Sentence to give away. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the book. Winners will be drawn on 1 May, 2017. POLICE NEWS APRIL 2017

Adam Harvey and Beccy Cole have individually and unquestionably remained at the forefront of Australian country music for almost two decades, each boasting an impressive list of awards, top selling albums and a loyal legion of fans. The combination of the two dynamic performers has already proven to be a hit with live audiences, having toured the country on several occasions since their first encounter almost 20 years ago. The Great Country Song Book Volume II Tour will see Beccy and Adam perform their favourite country duets for fans across the country when they hit the road from May 2017. The pair have handpicked the most classic country music duets of all time for volume two of this album project.

WIN Thanks To Sony Music Entertainment Australia, we have five copies of The Great Country Song Book Volume II to give away. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the CD. Winners will be drawn on 1 May, 2017.


SEE

WATCH

MR. SELFRIDGE SEASON 4

RAISED BY WOLVES BOXSET SEASONS 1 & 2

Nine years have passed and Harry Selfridge is at the pinnacle of his wealth and celebrity and enjoying the frenzy of the roaring ’20s. But in this buzzing, fast-evolving world, Harry is splashing his cash in an unprecedented, dangerous way. As he parties and gambles with stage stars, the Dolly Sisters, and pursues risky new business ventures, the trials and tribulations of our other much loved characters, and a handful of new comers, also unfold. Lady Mae returns to London to rebuild her life whilst Mardle and Grove thrash out their differences, and Kitty and Frank embark on the biggest challenge to their relationship yet. This final series chronicles Harry’s epic rollercoaster ride as he begins to lose grip on his empire, alongside the fortunes of all those whose lives he has touched.

British comedy hit, Raised by Wolves, is written by bestselling author Caitlin Moran and her sister Caroline and is a hilarious modernday reimagining of their childhood on a Wolverhampton council estate. After a hugely successful first series, the Moran’s are back for round two! Hormones are raging as we continue to follow the lives of the six socially-isolated siblings and their acid-tongued, highly capable and semi-legendary mother, Della Garry, as the fall-out from Britain’s austerity drive really starts to hit home.

GUARDIANS OF THE GALAXY VOL.2 IN CINEMAS April 25

Set to the all-new sonic backdrop of Awesome Mixtape #2, Marvel’s Guardians of the Galaxy Vol. 2 continues the team’s adventures as they traverse the outer reaches of the cosmos. The Guardians must fight to keep their newfound family together as they unravel the mystery of Peter Quill’s true parentage. Old foes become new allies and fan-favorite characters from the classic comics will come to our heroes’ aid as the Marvel Cinematic Universe continues to expand. Starring Pom Klementieff, Michael Rooker, Karen Gillan, Zoe Saldana, Dave Bautista, Kurt Russell, and Chris Pratt. Directed by James Gunn.

ENTERTAIN ME

DOG'S PURPOSE IN CINEMAS May 4

Based on the beloved bestselling novel by W. Bruce Cameron, A Dog’s Purpose, from director Lasse Hallström (The Cider House Rules, Dear John, The Hundred-Foot Journey), shares the soulful and surprising story of one devoted dog who finds the meaning of his own existence through the lives of the humans he teaches to laugh and love. Starring Britt Robertson, Josh Gadand Dennis Quaid.

WIN

WIN

Thanks to NIX CO entertainment, we have 5 copies of Mr. Selfridge Season 4 and Raised by Wolves boxset Seasons 1 & 2 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 1 May, 2017.

We have two double passes to give away to Guardians of the Galaxy Vol.2 and Dog's Purpose. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the movie. Winners will be drawn on 1 May, 2017. 33 POLICE NEWS APRIL 2017


NEW MEMBERS

01 02

WAPU WELCOMES ITS NEWEST MEMBERS 01 GREY 07-2016 Andrew BROWN Allan BUCHAN Alessandro CARATOZZOLO Bryan CARR Jonas EBENWALDNER Hannah FRITH Emily GILBERT Jack HUGGINS Taryn KERSHAW Caleb KING

34 POLICE NEWS APRIL 2017

Hannele LAUNDY Michael MATTLOCK Sara MCCRACKEN Emma MORAN Jared MYATT Joshua OVENDEN Tyson RIGNALL Aaron TOUBIA William VAN DE VEN Lee WHITTAM

02 GREEN 08-2016 Rachel BYROM Michael COCHRANE Todd DAVEY Michelle DOWNIE Daniel ELLIS Thomas GOMEZ Adam HOARE Brett JENKINS Jasmine KNUCKEY Kelsey MASEYK Joshua MATTHEWS

Gavyn MCCARTNEY Lucy ROBERTS Daniel SAMPEY Hayley SEDDON Jean-Pierre SOULIER Shane WHELAN Claudia WHITTAKER James WOOLFE Geoffrey WYBER


RETIREMENTS & RESIGNATIONS

VALE

RETIRING MEMBERS 5692 Michael EMMANUEL 5761 Neil NIELSEN 5849 Trevor HOUGH

6212 Peter NORTHROP 6916 Kevin BRADSHAW 99721 James LOWRIE

SERVING 10326 SEAMUS LIAM DOHERTY Senior Constable Aged 47

RETIRED cont. 3382 ALAN CLIVE BACK 1/C Constable Aged 76

13557 LISA ANN CANNON Senior Constable Aged 39

2779 DOUGLAS RAYMOND POTTER Senior Inspector Aged 86

RETIRED 3463 JAMES HAROLD GRIFFITHS Inspector Aged 74

2551 WILLIAM HERBERT READ Chief Superintendent Aged 87

RESIGNING MEMBERS 10822 Michael DONAGHY 10916 Zoe RUTHERFORD 11020 Daniel FENTON 11827 Karen JACOBSEN 13364 Antony RYAN 13422 Craig JOHNSON 14327 Stephen WILDE 14445 Nicholas SHEPPARD 14480 David JAMES 14653 Alan WINDRUM

14758 John SNEDDON 15558 Brendan WISE 15599 Eleanor CHAPPELL 15705 Ryan MYERS 15708 Andrew HILL 16108 Katherine BURKE 16232 Anthony BELSHAW 16293 Lauren HIGGINS 99308 Fiona McPHERSON 99801 Nicola MARSHALL

2934 BRIAN KINGSLEY CHERRY Chief Inspector Aged 86

3440 PETER KENNETH WALTERS Senior Sergeant Aged 75 5316 DOUGLAS ARTHUR TRINDER Constable Aged 91

Discount Buying Electrical Discounts MotorService Vehicles We are here to help with the products you wish to purchase! Simply contact us with the make, model number and your best price; let us do the rest!

08 9300 1221 www.shoprite.com.au

With over 30 years experience, ShopRite’s car consultants know where to look, who to ask and how to negotiate. Let us do all the running around for you!

Retail Partners Receive special deals from over 60 ShopRite retail partners! Offering real discounts to members, you are sure to find a bargain!

Discount Buying Service

Register Today at www.shoprite.com.au POLICE NEWS APRIL 2017


The WAPU Tradies Directory on wapu.org.au aims to recommend quality trades and services provided by WAPU Members or family members of WAPU Members.

Do you or a family member have a trade or service that you want to advertise direct to our Members? If you have a trade or service, or a family member does, and would like to be included on this page please email the details of the business to admin@wapu.org.au

WA

POLICE UNION

If you are interested in advertising, a Member Benefit or being part of the Tradies Directory, please contact WAPU HQ on 9321 2155 and speak to our Media Team.

The WA Police Union handles all advertising and Member Benefits enquiries in house and does NOT employ external parties to act on our behalf.

36 POLICE NEWS APRIL 2017

All businesses in this directory are approved by the WAPU Members Services Committee.


FINANCIAL PLANNING

HEALTH

Continued from page 21

Continued from page 29

• Members already retired with balances below $1.7 million on June 30, 2017 will have six months from July 1, 2017 to bring their retirement account balances under $1.6 million. • This cap won't apply to transfers to Transition to Retirement pension accounts.

LEARNING SURVIVAL TACTICS

WHAT ELSE IS CHANGING? Removing the earnings exemption for assets backing Transition to Retirement pensions If you’re close to retirement, there may be the ability to access your super in a limited fashion through a transition to retirement pension. Currently, income and capital growth on the investments behind a transition to retirement pension receive the same tax treatment as a full retirement account-based pension, meaning these earnings are tax free. From July 1, 2017, investment earnings on assets invested in a transition to retirement pension will be taxed at up to 15 per cent – in line with existing tax rates on accumulation funds.

TO FIND OUT MORE INFORMATION With the changes coming on July 1, 2017, the window of opportunity to take advantage of existing limits is closing soon. If you would like a full explanation of all the changes and how they may affect you personally contact Nigel Jenkins on 0417 988 855 or email nigel.jenkins@pnbank.com.au. Alternatively register to attend one of our seminars held at WAPU HQ. The next session is scheduled for May 30, 2017.

Police and Nurses Financial Planning Pty Ltd ABN 21 009 245 194 AFSL 237507 This information is intended to give an overview of the Federal Government's changes to super. The information is of a general nature and does not take into account a member's specific circumstances. The information explains how the changes may impact members and you may wish to review your existing arrangements in light of the changes. However, before making any decisions, we recommend that you carefully consider your own position and requirements including where appropriate seeking professional advice from a financial planner or tax advice from a registered tax agent. The information is current at date of issue and may change.

Inappropriate comments is one issue, persistent bullying is more serious and should not be tolerated. Anyone can have a bad day and respond angrily, par ticularly if something has happened to them at home or they get into trouble with a teacher. But if someone keeps behaving badly and has a habit of picking on other children, then it’s time to deploy some survival tactics. Tell your child to: Stay calm – it’s important not to get emotional because that can inflame the situation. Some bullies take pleasure in manipulating and upsetting people so try not to show signs of being upset. It’s also important for the parent to stay calm. Be confident – your child must understand that it’s the bully that’s at fault, not them, so they mustn’t start thinking they are worthless or incompetent. Stick together – bullies are cowards who like to make someone else feel lousy so they can feel powerful. They rarely tease two or three kids together so there is definitely safety in numbers. If a friend can intervene and start talking to the person being picked on, then that’s huge and can help defuse the situation. Children need to know that they have the power to beat the bully, especially when they work together Set limits – if the bullying continues and your child dreads going to school then it’s time you took more direct

action and complain to the school. By not intervening you are giving the bully permission to do the same thing again.

WHEN TO INVOLVE THE SCHOOL Don’t wait too long to start the conversation with the school. Yo u r in te r ve n t i o n may n ot necessarily be to complain but to gather the facts and to make sure they are aware of the situation. What your child is reporting may only be part of the story. Work with the school on possible solutions to resolve the situation.

PROFESSIONAL SUPPORT If you find you or your child are not coping and need counselling support for anxiety or depression then contact a professional help line such as: • Kids Helpline 1800 55 1800 • Lifeline Australia 13 11 14 • Beyond Blue 1300 22 4636

POLICE HEALTH SUPPORT Police Health offers generous benefits towards psychology under its SureCover Extras, Platinum Health and Platinum Plus cover. This includes annual maximums of $850 per person with a possible Rollover benefit of $1700 per person. Conditions and waiting periods may apply.

37 POLICE NEWS APRIL 2017


LEGAL

Continued from page 27

On December 9, 2016, judgment was delivered finding in favour of the plaintiffs that the four defendants were liable for damages. Davis DCJ referred to three cases in consideration of the meaning of malice in section 137 of the Act, including: “130 Le Miere J in Ives v The State of Western Australia [2010] WASC 178 [27] - [28] reviewed the meaning of 'malice' in the Police Act s 137(5) in the context of the liability of the State and concluded ([28]):

The idea of malice is an element in certain forms of liability such as nuisance, malicious prosecution, malicious falsehood and defamation. At the heart of the notion of malice is the abuse of a power for some improper motive or purpose. In general, police officers have common law and statutory powers to enable them to carry out their duty of preserving the peace and detecting crime. It is not necessary

to explore the outer limits of the meaning of 'without corruption or malice' in s 137(5) of the Act. At the heart of the notion of malice in s 137(5) of the Act is the notion of the abuse of power or acting for an improper motive or purpose.” In summary, police officers can only be personally liable for an act done with corruption or malice and the State is not liable for any act done with corruption or malice. WAPU Members should be aware of

the law regarding the protection from personal liability while performing the functions of a member of the Police Force. If however, an issue of concern arises for any of our Members you should contact WAPU for assistance and seek legal advice. WAPU is currently funding an appeal for the Members involved in the Cunningham v Traynor matter and will always support Members who act honestly and in good faith while executing their duty.

Discount Buying Service Electrical Discounts We are here to help with the products you wish to purchase! Simply contact us with the make, model number and your best price; let us do the rest!

08 9300 1221 38

www.shoprite.com.au

POLICE NEWS APRIL 2017

Motor Vehicles With over 30 years experience, ShopRite’s car consultants know where to look, who to ask and how to negotiate. Let us do all the running around for you!

Retail Partners Receive special deals from over 60 ShopRite retail partners! Offering real discounts to members, you are sure to find a bargain!

Register Today at www.shoprite.com.au


FROM THE ARCHIVES

APRIL 2001 GEOFF O’REILLY’S STORY

THE ROYAL COMMISSION WE HAD TO HAVE President Michael Dean discussed in his report in the April 2001 edition of Police News about the Gallop Labor Government’s commitment to hold a Royal Commission into Police Corruption as a matter of priority. Among the areas nominated by the Government for investigation, the two of most interest to the Union were: Investigating and reporting on specific allegations of police corruption; and Reviewing the performance and powers of agencies involved in the investigation of police corruption. Mr Dean said clearing the air would be a considerable achievement of the Royal Commission. “An element of the community needs to be reassured as to police integrity. This section of the publics sees too many unanswered questions. While it is not the fault of police, these members of the public do want answers,” Mr Dean said.

Sergeant Geoff O’Reilly was the cover story for the edition after he was the subject of serious corruption claims two years prior. Despite the significant deterioration of the complaint – and the embarrassment of the investigators having to charge their informant – the threat of dismissal remained. For more than a year, he had been in Section 8 limbo and was battling to show the Commissioner why he should not lose his job. A special editorial told Geoff’s story.

HISTORICAL SOCIETY’S HIGH HOPES FOR HIGHGATE HILL In April 2001, the WA Police Historical Society was hopeful that the former Highgate Hill Police Station would be vested in for its long sought after museum. Without the museum, the society would have to fold. The station was built in 1897 and consisted of a charge room and two cells. The adjacent police quarters for the OIC comprised three bedrooms, a living room, kitchen and outside bathroom. It closed in 1940 and from 1942 to 1975 it was used for police communications, then from 1975 to 1987 it housed a range of police functions.

39 POLICE NEWS APRIL 2017


Police officers look after each other. And that flows through to how Police Health do their business and look after us as members. Ian Moore, Western Australia

Ph. 1800 603 603 policehealth.com.au

If policing was an ordinary job, we’d be an ordinary health fund. But it’s not, and that’s why you have us.


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.