AUGUST 2016
Balancing act
Police officers struggle to balance family and work commitments
Opinion
WA’s peak oversight body caught out, again
Wall to Wall
Riders from across the country pay their respects to fallen officers
THE MAGAZINE FOR THE
WA
POLICE UNION
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AUG 2016
POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION
CONTENTS
10
06 W APU DIRECTORS AND STAFF 08 PRESIDENT’S REPORT
Balancing act
19 DIRECTOR OPINION
Balancing family and work commitments is a daily struggle for many of our Members. Three officers open up and tell us how they balance this juggling act.
21 DIRECTOR OPINION
16
24 INDUSTRIAL REPORT 26 FIELD REPORT 29 LEGAL 30 MEMBER BENEFITS
Women’s Forum
31 HEALTH
The second annual WAPU Now Women’s Forum was a huge success.
33 MOTORING 34 ENTERTAINMENT 36 NEW MEMBERS
23
Riders head to Canberra to remember the fallen More than 2,000 riders are expected to take part in the 2016 Wall to Wall Ride for Remembrance.
4 POLICE NEWS AUGUST 2016
37 R ETIREMENTS, RESIGNATIONS AND VALE 38 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 Senior Constable Prue Foulkes works part-time in order to care for her daughters Ruby and Taylah. Picture: Jody D'Arcy. ABOVE The Wall to Wall Ride remembers fallen police officers.
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
LINDSAY GARRATT Director 0407 775 050
MICK GILL Director 0427 097 000
Academy
Avon
Maylands Complex
Central Midlands
State Traffic Operations
Central West Coast Eastern Wheatbelt Gascoyne
South West Hinterland
Geraldton
Upper Great Southern
Murchison
Staff PAUL HUNT Secretary 6 POLICE NEWS AUGUST 2016
CHRIS VITLER WENDY ROUTHAN Executive Finance Manager Personal Assistant
JESSICA PORTER Media Officer
STEVEN GLOVER Media Officer
CRAIG FORDHAM Industrial Officer
NICOLA ROMAN 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
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MARK JOHNSON Director 0488 352 525
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MICHAEL HENDERSON Director 0448 803 155
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Midland Workshops
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BRANCH PRESIDENTS Academy Kym Buller Air Wing John Gobbels Armadale Gosnells Steve Flanagan Avon Dave Flaherty Bibra Lake Thomas Burke Bunbury Australind Gareth Reed Cannington Kareene Santoro Central Great Dave Groenenberg Southern Central Midlands Peter Toia Central West Coast Ash Netterfield Commissioned Mike Green Officers Eastern Goldfields Jaime Forbes East Kimberley Lyndon Ganzer East Metropolitan Cliff Daurat Eastern Wheatbelt Shawn Vieceli Fremantle Julian Donohoe Fortescue Amber Collier Gascoyne Arni Regtien Geraldton Glenn Wishart Great Southern Carl Fjastad Intelligence Services Contact WAPU HQ Joondalup Ashleigh Gray (Secretary) Leeuwin Naturaliste Tim Saxon Licensing Mark Saunders Enforcement Lower South West Gerard Cartner Major Crime Graeme Johnston Mandurah Harry Russell Maylands David Taylor (Vice President) Midland Workshops Debra Hutchison Mirrabooka Steve Meakins Murchison Matt Fogarty North Eastern Chelsea Armstrong Goldfields North Pilbara Lance Munckton Perth Police Centre Peter Henry Perth Watch House Nick McDonald Professional Ian Moore Standards Prosecuting Jarred Gerace Rockingham Kwinana Warren Dowbysch Serious & Andie Fagan Organised Crime Sex Crimes Bill Mansas South East Eyre Jaysen Carlisle South West Dion Jackson Hinterland State Traffic Paul Gale Operations Traffic Enforcement Paul Kay Group South Upper Great Sarah Clarke Southern Water Police Ryan Hayter West Kimberley Steve Beswick West Pilbara Jon Munday Western Suburbs Ian Carter (Vice President)
7 POLICE NEWS AUGUST 2016
GEORGE TILBURY President
WAPU successfully challenges CCC powers WAPU FUNDED AND SUPPORTED AN ACTION from a Member to challenge the authority of the CCC to commence prosecutions. This landmark decision will have far-reaching ramifications for anyone, including police officers, when investigated by the CCC. I am extremely pleased that we have been instrumental in the outcome handed down by the Court of Appeal. This was the first opportunity WAPU had to test the CCC Act during my term and we applaud the three Supreme Court Justices for ruling that the CCC overstepped the mark by finding it had unlawfully commenced the prosecution of our Member. In light of this result and the Attorney General’s subsequent comments, we vehemently oppose any changes to the CCC Act that authorises the CCC to commence prosecutions. The extensive and wide-ranging powers conferred on the CCC mean that it is absolutely essential there is an independent review of the outcome of any CCC investigation, where criminal charges are recommended. Any outcome of a CCC investigation must be determined by the appropriate prosecutorial authority; either the DPP or WA Police. The CCC cannot be judge, jur y and executioner. Independent oversight is imperative. The Joint Standing Committee on the CCC has called for submissions for its inquiry into the CCC’s ability to prosecute its own charges. WAPU is currently formulating a submission with assistance from Barrister Karen Vernon.
The extensive and wide-ranging powers conferred on the CCC mean that it is absolutely essential there is an independent review of the outcome of any CCC investigation, where criminal charges are recommended.
8
Senior Vice President Brandon Shortland discusses this case in further detail in his opinion piece on page 19.
WA POLICE REFUSES FORMER OFFICER LEGAL REPRESENTATION As you may be aware, a coronial inquest will be held into the death of Sharon D’Ercole. Ms D’Ercole was tragically killed in a traffic crash during a police pursuit in April 2012. Former police officer, Gareth Hopley, was acquitted of dangerous driving occasioning death in November 2013 after a two-week trial. Astonishingly, WA Police has denied Mr Hopley legal representation at the coronial inquest, to be held later this year on September 6 – 7. Mr Hopley was found not guilty by a jury and has had no adverse findings against him. It was also found Mr Hopley was not acting with malice at any time. It has never been in dispute that Mr Hopley was on duty at the time of the crash and was exercising his lawful duty as directed. WA Police has effectively hung Mr Hopley out to dry. I reminded the Commissioner of the comments he makes at every graduation to support officers without hesitation, when they act honestly and whilst undertaking their duties. Despite receiving a letter confirming that WA Police would not provide Mr Hopley with legal representation, I implore the Commissioner to overturn this decision and do the right thing.
BACK ROOM POSITIONS REQUIRED FOR POLICE OFFICERS It was pleasing to finally hear the Commissioner agree with our call for more police officers. There is no doubt police are under more pressure than ever before and this is supported by the crime statistics over the past 12 months. Only with an extra 200 police officers working on the frontline in the metropolitan area have we been able to get things under control.
PRESIDENT'S REPORT
The fact is that Response Teams are understaffed and under resourced, so changing the roster is not the panacea. Only more police officers will solve both the crime issue and fatigue in Response Teams.
Police officer numbers will be an election issue and it is important that we get more police as well as the accompanying resources to properly equip them to serve on the frontline. I must disagree with one aspect of the Commissioner’s comments on this matter. He holds the belief that we can simply move police officers from admin roles back onto the frontline and replace them with public servants. No way! Policing by its very nature is difficult and dangerous and at times police officers need respite from the frontline as well as a position to rehabilitate after injury. Admin roles are perfect opportunities for officers to refresh, recharge and recuperate while still using their skills and experience as police officers to assist their colleagues and the community. I fear if these roles are all taken over by public servants, we will simply see an increase in fatigue-related illnesses and that is something we must avoid at all costs.
NO CHANGE TO RESPONSE TEAM ROSTERS A big issue we have been dealing with recently has been proposed rostering changes in Response Teams. The fact is Response Teams are understaffed and under resourced, so changing the roster is not the panacea. Only more police officers will solve both the crime issue and fatigue in Response Teams. It’s about getting the numbers right, so there’s still a fair way to go if this current model is to work and be retained. Throughout the roster review process, WAPU was consulted and informed of changes being considered. We were given an embargoed copy of the alternative proposed roster and at no stage did we endorse this roster. In fact, we haven’t endorsed any roster. We had significant concerns about how WA Police intended consulting affected Members and I wrote to the Commissioner to remind him of his obligations under the Industrial Agreement. Since then, a series of meetings were held and Members provided WA Police with their feedback.
Generally, the feedback received from Members was their preferred roster would be based on the current one with some minor adjustments. I am pleased the Agency has listened to the views of Members and has decided NOT to make any changes to the roster. A full report on this matter is contained in the Field Report on page 26.
CONCERNS WITH DRUG AND ALCOHOL TESTING PROCEDURES It has recently been bought to our attention that alcohol and drug tests were being carried out in a manner that did not afford Members the appropriate level of privacy and respect. Specifically, we were advised that it was common for testing to be conducted and Members advised of their results in a group setting. In our opinion, the practice of testing and disclosing individual results in a group environment is not in accordance with Regulation 4 of the Police Force (Member Testing) Regulations 2011 which requires that the process "be carried out in a manner that respects a member's dignity and privacy". Further, the disclosure of potentially sensitive personal information in a communal environment suggests a disregard for individual privacy and confidentiality. I wrote to the Commissioner asking that the current practices and procedures with regard to alcohol and drug testing be reviewed and amended. Additionally, I sought an assurance that the Agency will responsibly manage personal information that is collected through or as result of, the testing process. The Internal Affairs Unit have been apprised of our concerns over this practice and have made assurances that Standard Operating Procedures will be adjusted to ensure Member privacy. I expect this will be the end of this issue and I encourage Members to report any breaches to WAPU immediately, so we can protect your rights to privacy and respect. 9
BALANCING ACT BY JESSICA PORTER
Trying to balance work and family is one of life’s greatest struggles. But throw shift work and sole parents in the mix, and you have all the ingredients for a 228!
10 POLICE NEWS AUGUST 2016
F
or many Members with children, managing childcare responsibilities is a fine balancing act and only possible with the help of a strong support network. But what if you don’t have the safety net of a partner, friends or parents when you have to work afternoon shifts or overtime? Senior Constable and single mother of two, Prue Foulkes, knows it is a huge struggle and one which is plagued with feelings of guilt and compromise. When Prue joined the job at age 20, children and family commitments were far from her mind. Now, almost 13 years later, Prue has sole custody of her two young girls, Taylah, 7, and Ruby, 5, while working part-time in the South East Metropolitan District. After becoming a single mother a few years ago, Prue has had to balance her responsibilities as a sole parent while trying to further her career in a job she loves. When the Frontline 2020 Operating Model was initially introduced, Prue said it had been harder to work her 0.75 flexible working arrangement because she didn't really “fit” onto one specific LPT team. Prue said she predominately did admin related duties and carried no investigative files. “I didn’t join the job to sit behind a desk and do an admin role although I know that’s very important. I want to be able to go out and enjoy the job and do the things that I’m capable of doing,” she said. “At times I felt like I was being pushed aside and I’ve even been told that I get special treatment and that I’m an odd-bod because I didn't fit the new reform. Here I am feeling guilty because I’m not at home with my girls and then I’m feeling guilty at work because I’m not fitting the model,” Prue said. “Just because I’m the sole carer of my children does not mean I should be penalised or precluded from frontline operational duties because of my inability to work shift work. It’s not that I don’t want to,” Prue said. “I yearn to work shift work. I miss all the exciting stuff that happens. I miss being a part of all the jobs that they plan, warrants and jobs like that. I very rarely got to be included in that.” The only time Prue has ever been non-operational was when she was pregnant. Historically, women who were married, fell pregnant and had childcare responsibilities had to leave policing. There were no provisions made for them in the workforce, unlike today. It was only 35 years ago however, that an anti-discrimination case overturned a NSW Police policy that meant married women were unable to be police officers. This set a precedent for other jurisdictions across Australia. ▷ 11 POLICE NEWS AUGUST 2016
“I had to tell them who my neighbours were and why they couldn’t look after my children. I also had to go through every single family member and close friends and give reasons as to why they could not be caregivers for my children to enable me to work shift work …”
From the mid to late 1980s, women’s positions in policing improved with opportunities expanding from community liaison roles to investigators. But today, in a recent sur vey conducted by the Police Association of South Australian (PASA), it found more than half of the respondents (1784 sworn officers) said their agency was not a family-friendly workplace. It also found that 81 per cent of female officers and 59 per cent of male officers had either experienced difficulty accessing family-friendly work arrangements or knew someone who had. The PASA Police Journal profiled seven officers seeking flexible arrangements with one Senior Constable remarking: “It’s very much a case of ‘well, if you want to 08pregnant, don’t’. That’s because if you want part-time, get it’s just so difficult.” Seeking flexible working arrangements in WA can be a similarly arduous process, with many ramifications for officers. When Reform was first introduced one meeting with superiors to negotiate the terms of her flexible working arrangement was par ticularly harrowing, according to Prue. She said she had to share intimate details of her family’s life to get the arrangement. “I had to go through everything with them,” she said. hadwith to his tellson them who as my neighbours were and why 07“IChris Benjamin he leaves for work. Benjamin and they couldn’t look08 after my children. I also had to go through Chris playing in their frontyard. every single family member and close friends and give reasons as to why they could not be caregivers for my children to enable me to work shift work and why I couldn’t ‘just get a babysitter out of the paper’. 12 POLICE NEWS AUGUST 2016
“I thought to myself, ‘I’m a police officer and you want me to look in the paper for a babysitter so I can go and work shift work’, that’s ludicrous. It is my job to raise my children to the best of my ability and not compromise their safety or quality of their care whilst I’m working.” “I know there has to be procedures in place to review flexible working arrangements, which in turn has to meet corporate needs, but I think the Agency should have a greater understanding of the work/life balance of officers who care for children and the issues surrounding that," Prue said. WAPU Industrial Officer Nicola Roman said the process of applying for flexible work arrangements can differ between employees. WA Police policy on flexible working arrangements states it “shall, where practicable, accommodate reasonable requests from employees to work part-time hours or to vary part-time hours”. “In Prue’s case, WAPU would argue a number of the questions she was asked were not reasonable,” Nicola said. “Whilst WA Police is able to seek information regarding the circumstances of an employee’s request, the nature of these questions pose serious questions about the fairness of the assessment of her application.” Nicola said it wasn’t a secret WA Police finds it difficult to provide flexible working arrangements, possibly in part due to the nature of the Reform Model. “The Union has raised the issue of availability of flexible working arrangements with the Agency on numerous occasions. As part of a wider campaign across Australia,
I have been working with the PFA Women’s Advisory Committee to draft a nationwide survey on flexible working arrangements for police in Australia,” Nicola said. The flexible working arrangement survey will cover an array of issues including workplace attitudes, secondary employment, care responsibilities and career aspirations. “This survey is expected to be sent out later this year and will assist WAPU to continue to lobby for improved access to flexible working arrangements. The results will also provide WAPU with information pertaining to arrangements in other states which may assist our lobbying efforts,” she said. Senior Constable Dave Hodge knows the struggles of trying to walk the line and balance career and childcare. Dave is a single dad and has a court ordered custody arrangement regarding his 10-year-old son Liam. He also found the new reform Frontline 2020 needed more flexibility in order to balance childcare and work commitments. “I did get help from my parents but they are elderly. My dad got sick and was in hospital for three weeks, so they couldn’t look after Liam. They asked me if I could look at another avenue with work,” Dave said. Dave said he approached his OIC to see if he could be put on a flexible working arrangement. But within the same time it took district office to return his query, Dave took up a position at the Personnel Security Vetting Unit. “The people are very good and I have some flexibility here,” he said. “They understand. I am able to work an extra hour per week to take as TOIL so I can pick up my son.” But with the added flexibility of only doing day shifts comes certain disadvantages, particularly when it comes to money. “I estimate that I would lose $10,000 to $15,000 per year just doing day shift,” he said. “When I first joined the job nearly 10 years ago, WA Police used to say how family friendly it was. But now there’s not much flexibility, especially with the new model. If you’re not putting your people first, why would they bend over backwards for you,” he said. “It’s just lucky I found a spot at PSVU.” Unlike Dave who works five, eight-hour shifts, Prue’s arrangement is permanent 10-hour day shifts, three days a week. ▷
“Once my girls are older, I won’t have the restrictions that come with young children and I’ll be able to invest back to the Agency. Just at this time, I can’t and I need the support of the Agency.”
13 POLICE NEWS AUGUST 2016
“These stories illustrate how difficult the process can be and how the work allocated to employees on flexible working agreements can be unchallenging and demeaning.”
14 POLICE NEWS AUGUST 2016
Prue had looked at other opportunities in regional WA, detective training, traffic and specialist areas however, supervisors have been reluctant to take on a sole carer of two young children, who can only work day shift, part-time. “I looked at different areas, but I was told there wouldn’t be any chance of me getting a position unless I considered an au pair and they won’t take me on a day shift job. I was also told my ability to work day shift only would be too hard to manage,” she said. Prue said she was made to feel that her children were a burden on her career as a police officer. “It’s frustrating because my parental responsibilities are only for a short time in my working career especially now that retirement age has increased. Once my girls are older, I won’t have the restrictions that come with young children and I’ll be able to invest back to the Agency. Just at this time, I can’t and I need the support of the Agency.” “At a station level, my current OIC, immediate supervisors and most of my colleagues have been very understanding and suppor tive, which makes working and single parenthood easier. I am lucky that my OIC acknowledges my abilities and as of late I have been afforded many acting opportunities; something that I had been passed over many times before due to only working part-time," Prue said. “They are very flexible where I am and are happy to accommodate my start and finish times around dropping my daughters at outside school hours care where they attend when I work.” “They also understand that I was becoming frustrated with only doing an admin role and have supported my desire to get back to doing frontline operational duties,” she said. “They are more than happy for me go out on the road and assist with other operational LPT tasks. It enables me to keep my skills up to date and also look towards promotional opportunities, something which I desire to do in the near future.” “I guess I'm lucky the outlook on Flexible Working Arrangements has changed for the better since the implementation of the Reform,” Prue said.
Like the nature of policing, things are always changing – just like the proposed roster changes for Response Teams. In a recent request for feedback on the proposed changes, one officer said the new roster would make it harder for split-parent families. Sergeant Daniel Back from South Metro Response said the current roster gives him more time with his kids. “The current response roster provides me with 10 periods with my children (12 weeks) and the alternative roster would require 14 periods (12 weeks) to maintain the same level of contact with them,” he said. “The increase in changeovers is due to the breaks not being very long and more intermittent on the alternative roster. There is a stress associated with children constantly transitioning from one household to another. The less frequent transitions obviously gives them more stability.” Another factor Daniel, as well as Dave, has to consider are the time and costs associated with altering a Family Court Order that has to be changed due to rostering. “Any changes to my orders sought by me lodged through the WA Family Court is stressful and to my financial detriment ($330 to make an application),” Daniel said. “I have heard in From the Line the effects rosters have on couples with children, but there are a variety of different family structures in households. “It would be good if the executive would take this into account when changing rosters that affects non-custodial parents and other family structures.” Nicola reinforced Daniel’s comments, saying WA Police needed to ensure it kept up with the growing and changing needs of its employees. “If WA Police wishes to be seen as an employer of choice, there needs to be a significant overhaul to the accommodation of a typical working arrangements. These stories illustrate how difficult the process can be and how the work allocated to employees on flexible working agreements can be unchallenging and demeaning. Whilst WA Police policy says all the right things, it is the application of the policy which can fall short of expectations,” she said.
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01 02
Women’s Forum 03
04 05
Last year, WAPU held its inaugural Women’s Forum; an event which sought to address the underrepresentation and concerning lack of female participation in WAPU activities.
06 07
08
16 POLICE NEWS
01 Sixty delegates attended the second WAPU Women’s Forum. 02 AFPA President Angela Smith spoke about her rise to the top of the AFPA. 03 UWA Equity and Diversity Professor Dr Jacquie Hutchinson spoke to the group about her research on gender and the workplace. 04 Tenille Morrison intently listens to the speakers. 05 Northern Territory Police Association Executive Member Kylie Proctor is energetic as she talks about a female executive experience. 06 WAPU Women’s Contact Officers Nicola Roman and Jane Baker at the Forum. 07 Inaugural WAPU Now Chairperson Kim Travers officially opens the Forum. 08 Forum participant Kareene Santoro participates in the ‘apples and oranges’ workshop. 09 President George Tilbury welcomed participants to the 2016 WAPU Women’s Forum.
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N
ot only was last year’s Forum enjoyed by delegates, but its success spurred a number of positive changes at WAPU. WAPU now has two Women’s Contact Officers, Jane Baker and Nicola Roman, who, on top of their day-to-day roles, act as contact points for female Members and develop initiatives to increase female participation in Union activities. Additionally, the WAPU Network of Women (NOW) was established to encourage female Members to network and involve themselves in WAPU Branches. WAPU NOW had its inaugural meeting in March this year with a Chairperson and Committee of Management appointed. Last month, WAPU NOW hosted the second annual WAPU Women’s Forum. The event was oversubscribed and on the day WAPU welcomed 60 delegates from throughout Western Australia. The theme of this year’s Forum was ‘Inclusivity’ and invited speakers included: • Dr Jacquie Hutchinson – Equity and Diversity Adviser, UWA • Angela Smith – President, Australian Federal Police Association
• Kylie Proctor – Executive Member, Northern Territory Police Association • Mick Gill – Director, WA Police Union Additionally, delegates heard from President George Tilbury, WAPU NOW Chairperson Supt Kim Travers and Secretary Paul Hunt. The speakers were extremely well received by delegates and provided informative analysis on the concept of ‘inclusivity’ and what forms this could take at WAPU. The Forum also included four workshops which were fantastically facilitated by Keryn Anderson from the ACTU. The workshops were engaging and encouraged discussion between delegates on an array of different issues affecting female WAPU Members. The day was an incredible success which wouldn’t have been possible without the dedication of WAPU Staff, the generosity of distinguished guest speakers, and the openness with which the delegates participated throughout the day. WAPU hopes the forum will continue to grow and be well attended in 2017. In the meantime, do not hesitate to contact WAPU if you wish to get involved with WAPU NOW.
17 POLICE NEWS AUGUST 2016
Do you have a business that wants to advertise in Police News? Got an offer or discount for WAPU Members? Police News has selected openings for businesses to advertise in our magazine. If these spaces are not suited to your business, there is always our Member Benefits Program.
WA
POLICE UNION
If you are interested in advertising or a Member Benefit, 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.
DIRECTOR OPINION
BRANDON SHORTLAND Senior Vice President
WA’s peak oversight body caught out, again IN 2013, WA POLICE BECAME aware of and began an investigation into use of force at the Broome Police Station Lock Up by a WAPU Member.
The information was acted upon swiftly by WA Police Professional Standards Portfolio which instigated an internal investigation. The Corruption and Crime Commission (CCC) was also quick to act. The CCC thought that it would be good use of its extensive powers and significant resources to inject itself into the investigation. The CCC served WA Police with a Section 42 notice sidelining the Agency from taking any action to resolve the matter. Issues and dissatisfaction with the way the CCC became involved were evident from the beginning of its ‘investigation’ and were made known at the highest levels – including representations from WAPU. These types of complaints and investigations are not unknown to Professional Standards and typically are resolved very quickly. Let’s face it, assault complaints are not rocket science.
The CCC believed releasing the CCTV footage of the incident to media outlets and the public before any charges were preferred, and anyone had an opportunity to defend themselves, would be a good and fair thing to do.
However, the CCC managed to take more than 12 months to undertake its ‘investigation’ into these basic matters before charging the Member involved. During those 12 months, doing who knows what, we do know that the conduct of CCC investigators was far below professional and was the subject of numerous complaints by potential witnesses and Members. These issues were raised by WAPU and were dismissed. In my opinion, the CCC abused and misused many of its powers in this case including making the decision to publicly parade not only our Members in a public hearing, but also details of the alleged victims and their circumstances. The CCC believed releasing the CCTV footage of the incident to media outlets and the public before any charges were preferred, and anyone had an opportunity to defend themselves, would be a good and fair thing to do. All this for a basic investigation WA Police could have resolved in a matter of days with minimal fuss as they have done many times before and since. At each step during this horribly distorted and mismanaged publicity stunt, referred to as an investigation by the CCC, WAPU’s Legal Team made repeated representations regarding the unfair and unjust use of powers and decisions.
The CCC behemoth and legal masterminds within thought better than to consider each of these on its merits and was deliberate in its endeavours to steamroll the inquiry in any manner they saw fit and drew their own biased conclusions, no matter what. It is this point which gives rise to the biggest risk in this case and I will refer to that in more detail shortly. As the matters in this case proceeded through the courts, the WAPU Legal Team held the strong view that the actions of the CCC in prosecuting our Member was unlawful. The Act governing the CCC simply does not provide the power for it to prosecute offences under the Criminal Code. We regularly hear Government telling us about the abysmal state of the WA economy and despite there being several attempts over many years to amend what some saw as a deficiency in the CCC Act, the State had no hesitation in spending a great deal of taxpayer’s money fighting WAPU’s legal challenge to the CCC’s powers. In the end, WAPU’s stance was vindicated by the Supreme Court of Appeal and the CCC is now forced to go back to WA Police and/or the Director of Public Prosecutions with its tail between its legs and request that its shoddy, unethical and compromised work be prosecuted on its behalf.
Continued page 22 19 POLICE NEWS AUGUST 2016
* WAPU SCHOOL HOLIDAY BALLOT APPLICATION APPLICATIONS WILL ONLY BE ACCEPTED ON THIS FORM, It can be faxed, emailed or posted to WAPU HQ. Complete and return by Friday, 16 September 2016 to: WA Police Union 639 Murray Street, West Perth WA 6005 Fax: 9321 2177 Email: admin@wapu.org.au
Only mark the holiday periods and locations you are prepared to accept in numerical order of preference. Note: Bookings are available from Saturday (2pm) to Saturday (10am) only. WEEK 1 01.07.17 to 08.07.17
Results to be advised by Friday, 23 September 2016
JULY 2017
WEEK 2 08.07.17 to 15.07.17
EITHER WEEK
ALBANY
Name (Please Print):
BUSSELTON VILLA 4
PD No:
BUSSELTON VILLA 11
Address (Home):
BUSSELTON VILLA 15 ESPERANCE
Post Code:
EXMOUTH
Work (Unit/Section):
KALBARRI UNIT 27 KALBARRI UNIT 71
Email (Home):
PORT DENISON
Phone no. (Work):
YALLINGUP
(Mobile):
GOVERNMENT 20 POLICE NEWS AUGUST 2016
JUSTICE
LEGAL
MANAGEMENT
PUBLIC SAFETY
TRAINING
SECURITY
WHS
DIRECTOR OPINION
KEVIN McDONALD
Metropolitan Region Director
A failure to report THE ‘WAR ON METH’ budget announcement by Government, allocating more than $20 million to mental health and road-side drug testing, is a clear indication the methamphetamine epidemic will be a major issue as we approach next year’s State election.
In the absence of a detailed drug crime report to Government, there is no pressure to deploy resources toward the prevailing nexus of volume crime – the demand for meth.
This is hardly surprising given Western Australia’s reputation of having a methamphetamine consumption rate almost twice that of any other Australian state. An obvious question is why are so many more people becoming addicted to meth in Western Australia than anywhere else in the country? While we ponder that question, one thing is certain; police officers in Western Australia are dealing with the frontend brunt of this out of control social epidemic on a daily basis and our workplace has become significantly more unpredictable, volatile and dangerous than our eastern states counterparts. The authors of an Australian Institute of Criminology (AIC) report published in Police News magazine found there were three primary challenges facing police dealing more frequently with methamphetamine users. One is that methamphetamine intoxication and withdrawal can impede a user’s ability to comply with police directions. S e c o n d l y, b e h a v i o u r a l a n d psychological disturbances, including aggression, can increase the risk of harm for police. Lastly, the user is at an increased risk of serious physical harm when in custody due to the effects of intoxication and withdrawal.
Logically, meth is readily available otherwise the consumption figures wouldn’t be what they are. In the aforementioned AIC report, study participants (detainees from the Perth Watch House) confirm as much. On an availability scale of one to 10 (10 being the most available) meth rated nine. In addition to meth consumption, spiralling crime rates in WA have been widely reported. In 2007 the University of WA Crime Research Centre published a series of reports on burglaries. The report concluded that reducing or restricting the availability of amphetamines was likely to have a significant knock-on effect on the stolen goods market. In my February 2016 article, readers may recall I referred to comments made by former Deputy Commissioner and now CEO of the Australian Crime Commission Chris Dawson at the 2015 WAPU Annual Conference. Mr Dawson made it abundantly clear in his pres entation that dr ug importation will never be curtailed as long as there is a market for it. Reduce demand and you will reduce supply is not a complicated notion. Member feedback to WAPU suggests WA Police management’s focus on volume crime over many years has been at the expense of the demand end of the drug crime spectrum. There is no way of quantifying this criticism other than to highlight the recent emergence of the Meth Enforcement Action Plan and inquire, what were WA Police management doing for the decade before it?
The 2015 WA Police Annual Report explains Key Performance Indicators (KPIs). They enable performance to be measured, monitored, evaluated and improved. They play a key role in managing performance at all levels in WA Police – strategic and operational. Current annual reporting does not require or contain any quantified statistical data or associated KPI specific to drug trafficking at either the supply or demand level. The 2015 Annual Report refers to a rough kilogram total of meth seized in a context that suggests those amounts represent a valued key performance achievement. Achievement yes, measurable KPI, unfortunately not. Kilogram totals of meth seizures are not specifically linked to KPI and can’t be. Seizure amounts fluctuate wildly and are dependent upon varying factors (including chance seizures) beyond ordinary measuring or goal-setting capabilities. And they are clearly situated at the supply end of law enforcement resources. By its own definition, police annual r e p o r t ing r e quir e s an accurate assessment of the extent to which Government desired outcomes have been achieved through the resourcing and delivery of services to the community.
Continued next page 21 POLICE NEWS AUGUST 2016
DIRECTOR OPINION
DIRECTOR OPINION
Continued from previous page
Continued from page 19
In the absence of a detailed drug crime report to Government, there is no pressure to deploy resources toward the prevailing nexus of volume crime – the demand for meth. Perhaps this is why WA has done so badly in the war against meth? Who knows! The Government and Opposition will be battling the next State election over a drug epidemic they have failed to control. Any future government must demand from police management a drug crime reporting framework around which goals can be set, performance can be measured and resources defined. Accurate assessment will ensure transparency, integrity and improved ser vice deliver y. Not only will communities reap the benefit of a more drug clean, healthy and crime reduced society, the occupational health and safety environment of frontline police officers in WA will become safer.
Not only was WAPU successful in challenging the position our Member was placed in, but due to the backfiring of the CCC’s stunt, there is now a precedent for many others to challenge their treatment at the hands of the CCC. All of which could have been avoided if the CCC had lifted its eyes, focused on the truly big issues it is handsomely funded for, instead of targeting basic assaults with perceived easy targets for a drawn out public hanging. As earmarked earlier, there will now be a predictable submission from the CCC requesting an increase to its powers and for that to be made retrospective. This is as frightening as it is superfluous. In recent remarks to this landmark decision, CCC Commissioner John McKechnie was bizarrely defiant and proffered an unjustified view that the decision empowered the CCC to deal with compelled material in more unfair ways than it had done so previously. These remarks alone are alarming. The High Court of Australia has given a number of recent decisions on these very points which Mr McKechnie is either deliberately or naively in conflict with. The CCC has a proven track record of regularly getting things wrong and having a serious lack of accountability.
22 POLICE NEWS AUGUST 2016
The DPP already exists as an independent assessor of lawfully crafted briefs of evidence with which to prosecute matters. Any efforts to furnish the CCC with extended powers to allow it to prosecute its own cases built on inherent unfairness and lack of natural justice will be fought in the strongest terms by WAPU. Any politician who believes extending the powers of the organisation, which has yet to restore public confidence and get its own affairs in order, would be wise to think long and hard before attempting it.
Any efforts to furnish the CCC with extended powers to allow it to prosecute its own cases built on inherent unfairness and lack of natural justice will be fought in the strongest terms by WAPU.
Riders head to Canberra to remember the fallen More than 2,000 riders are expected to take part in the 2016 Wall to Wall Ride for Remembrance. Registrations have now opened for the ride, which will be held on Saturday, September 17, 2016. The Wall to Wall Ride for Remembrance is held each September in the lead up to National Police Remembrance Day. The ride is held in honour and remembrance to fallen police officers, and aims to raise funds for police-related charities while promoting safe and lawful motorcycling. Groups of riders will depart from every capital city coming together in Canberra to ride as one group to the National Police Memorial for a ceremony honouring our fallen. After the Ceremony at the National Police Memorial, a formal function will take place at Exhibition Park in Canberra (EPIC). The function will provide an opportunity for Police Commissioners, sponsors, special guests and riders to meet, thank and congratulate each other. It will also be a great opportunity to catch up, share stories and be there when we draw the grand prize winner of the raffle. Light refreshments will be served as well as a welcome drink on arrival and a small catering charge of $25 per person is required. Numbers to the venue are limited so make sure you indicate when registering if you’d like to attend and organisers will send participants a wristband for entry to the function. Riders can registers online as a rider or pillion passenger and ride from their home State to Canberra. A $75 registration fee will apply to each participant and that fee will be donated to your nominated Police Legacy. You can also make a donation of any amount and it will be donated to your nominated Police Legacy following the Ride.
Another way to support the Ride is to purchase merchandise, proceeds from the sale of the Wall to Wall Ride merchandise will be donated to Police Legacies around Australia.
For more information and to register visit www.walltowallride.com
23 POLICE NEWS AUGUST 2016
CRAIG FORDHAM Industrial Officer
What is carer’s leave JUDGING BY THE NUMBER OF QUERIES WE RECEIVE EACH WEEK, there continues to be a lot of confusion about the types of situations that may allow Members to claim carer’s leave. The situation is made more complex because the wording of the current Industrial Agreement does not reflect the full and true extent of the benefit. Originally, WA Police employees could only access carer’s leave in circumstances where they had a sick family member who required direct care and support. In 2006, Parliament enacted changes to legislation, the effect of which was to expand the benefit to apply to other types of family emergencies.
BACKGROUND The entitlement to carer’s leave first appeared in the 2001 version of the WA Police Industrial Agreement. The following year, the Minimum Conditions of Employment Act (MCE Act) was amended by Parliament to provide a similar entitlement for employees to use up to five days of their sick leave each year to provide care or support to a member of their “family or household who is ill or injured and in need of immediate care and attention”. In 2005, an Australian Industrial Relations Commission test case formulated important extensions to the federal award conditions relating to personal/carer’s leave. The new entitlement permitted the use of up to 10 days of paid personal leave each year for the purpose of caring for a member of the employee’s family or household who was ill or injured, or faced with an “unexpected emergency”. In effect, the AIRC test case significantly expanded the scope of situations that were covered under the carer’s
In other words, any provision contained in an employment contract or industrial agreement that is less favourable than the equivalent entitlement contained in the MCE Act will have no effect.
24 POLICE NEWS AUGUST 2016
leave provision. The decision also doubled the amount of personal leave available for caring purposes. In 2006, WA Parliament adopted the AIRC test case decision and enacted further changes to the carer’s leave provisions contained in the MCE Act. Although the WA Police Industrial Agreement was subsequently amended in 2009 to confirm the entitlement of up to 80 hours of paid leave per year for caring purposes, the other reforms arising from the AIRC test case were not incorporated. As a consequence, the current carer’s leave benefit contained in clause 34 of the WA Police Industrial Agreement 2014 does not reflect the basic entitlement set out in the MCE Act. Understandably, this situation has given rise to a great deal of uncertainty about the correct application of the entitlement.
THE MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 The MCE Act applies to all employers and employees covered under the State industrial relations system. Generally speaking, the Act will apply to people employed by a State government department, including WA Police. The MCE Act provides a minimum entitlement for a number of workplace conditions, such as • Sick leave; • Carer’s leave; • Parental leave; and • Bereavement leave. The minimum conditions set out in the MCE Act cannot be undercut by an employment contract or industrial agreement. In other words, any provision contained in an employment contract or industrial agreement that is less favourable than the equivalent entitlement contained in the MCE Act will have no effect. Instead, the relevant provision from the MCE Act will apply.
INDUSTRIAL REPORT
For example, if an employee contract contains a clause that provides only two weeks annual leave, then the clause will be void and have no effect. The basic MCE Act entitlement of four weeks annual leave will apply in its place.
The 2006 amendments to the MCE Act expanded the scope of carer’s leave to cover “unexpected emergencies”. The effect of the 2006 amendments was to recognise a broader range of circumstances that may require employees to take leave at short notice.
CARER’S LEAVE DEFINED MORE BROADLY UNDER THE MCE ACT Clause 34(1) of the current Industrial Agreement provides that carer’s leave is available for the purpose of providing care for a sick family member. The definition of carer’s leave set out in section three of the MCE Act is more expansive. In particular, the MCE Act definition specifies that carer’s leave applies where a family or household members requires care or support because of an “unexpected emergency”. The phrase “unexpected emergency” is not defined within the MCE Act. However, the explanatory memorandum that accompanied the 2006 legislative amendments to the MCE Act does explain how the Parliament intended the new provision to apply. Specifically, the explanatory memorandum contains the following description of the types of scenarios that may constitute an unexpected emergency – “An unexpected emergency may involve a situation arising from an unexpected incident at, or disruption to, or breakdown in, the normal care arrangements of a dependant of an employee, including the childcare centre or school of the employee’s child, or day care or nursing home of an elderly parent or dependant relative, which requires the employee’s urgent attention. An unexpected emergency may also arise when the normal carer of an employee’s child or dependant family member is unwell, or when an employee needs to take a family or household member to a medical appointment or hospital.”
Prior to the 2005 AIRC test case, carer’s leave was only available for employees who required leave for the purpose of providing direct care for a sick or injured family member. Employees were forced to rely on other forms of leave if they needed to help or supervise family members who were not actually sick. The 2006 amendments to the MCE Act expanded the scope of carer’s leave to cover “unexpected emergencies”. The effect of the 2006 amendments was to recognise a broader range of circumstances that may require employees to take leave at short notice. Although the current carer’s leave provision contained in the Industrial Agreement does not contain a reference to unexpected emergencies, the definition set out in the MCE Act applies. Accordingly, there will be circumstances where employees can legitimately claim carer’s leave even though they are not providing care for a sick or injured member of their family.
NEED MORE ADVICE? If you have any further questions relating to carer’s leave or other industrial entitlements, contact the WAPU Industrial Team on 9321 2155.
25 POLICE NEWS AUGUST 2016
NICOLA ROMAN & DAVE LAMPARD Industrial Officer
Field Officer
New Response rosters OF ALL THE CONTENTIOUS ASPECTS OF THE REFORM 2020 MODEL, the rostering of Response Teams has generated the greatest number of enquiries and comments to WAPU HQ. Response Teams are at the pointy end of policing with approximately 680 officers working in teams across the metropolitan area. These teams are working flat out going from job-to-job so the importance of providing an agreeable and safe working environment cannot be understated. In a survey undertaken by WAPU in 2013 during the South East Metropolitan Reform 2020 trial, Members working the Response rosters complained of fatigue partly due to the single weekly leave day in week six and the 50 consecutive hours worked in week two of the roster. The 50 consecutive hours across five days was seen as a particular issue due to the inability to take a meal break during these shifts. WAPU raised these concerns with WA Police but rather than removing these aspects from the roster, WA Police implemented the roster across all metropolitan districts in late 2014 as part of the rollout of Reform. However, nearly three years on, feedback received by WAPU indicates Members seem to have settled into the current rostering arrangements, and although fatiguing aspects remain, the inclusion of longer weekly leave breaks appear to counterbalance the negative aspects of the roster for many Members. Following some not so positive headlines on rising crime rates, the Response roster came under the scrutiny of the WA Police Executive, during a review into the Reform model. Late last year, WA Police established a Working Group to review the Policing Model, including the Response arrangements. The focus was on meeting supply and demand as well as addressing fatigue concerns. WAPU did not have an official representative on the group but understood the
intent was to include a number of Response sergeants as well as Business Management representatives. Unfortunately, due to transfers and rostering conflicts there were only one or two Response Team members who were able to regularly attend the meetings. As such, the majority of Working Group meetings were attended by Business Management representatives, who did not work the roster. It is understood the Working Group considered a number of different rostering proposals including the popular ‘Two Block’ option (Two days, two afternoons/evenings, two nights, four days off). After examining CAD demand, the ‘Two Block roster’, as well as others, were discounted on the basis they did not meet demand. Throughout the review process, WAPU’s Executive, Industrial Team and Field Team met with WA Police Executive to receive updates on the process being undertaken. The Working Group developed a final roster proposal (‘the alternative’). The details were released to WAPU under an embargo until such time as the alternative had been communicated to OICs. WAPU wrote to the Commissioner on 23 June 2016 reminding him of the Employer’s obligation under the WA Police Industrial Agreement 2014 to consult with Branches representing the affected Members when developing rosters. The Industrial Agreement reads as follows: “All extended settlement period rosters shall be developed in consultation with the Union and with ‘affected employees’. The Employer retains the right to determine the arrangements to suit the operational needs of the particular work area.”
During discussions, all Branches expressed their preference would be to continue with the current rostering arrangements, and tweak start-times to minimise fatigue.
26 POLICE NEWS AUGUST 2016
FIELD REPORT
This outcome is testament to the power and influence your collective voice has in determining matters which affect your working conditions and service to the community.
In practice, this means the Employer must consult with affected employees (represented by WAPU Branch Officials) but ultimately has discretion to implement any roster the Employer considers best meets operational requirements, so long as it is industrially compliant. Following WAPU’s letter, WA Police agreed to meet with WAPU Branch Officials to discuss the alternative roster. A meeting was held at WAPU HQ on 12 July 2016 and was attended by Assistant Commissioner Kellie Properjohn, Acting Commander Alan Morton, Senior Sergeant Mick Dalla-Costa, Director of Human Resources Renae Lavell and Assistant Director Employee Relations Tony Clark. Two representatives from each of the nine affected Branches also attended, nine of which were Response Members. Comments made at the meeting by Branch representatives suggested the alternative roster was inherently flawed and would be unpopular for several reasons, some of which included: • Officer safety concerns over the reduced coverage between 0400 and 0600 hours; • Opposition to the elimination of the two x four weekly leave and two x five weekly leave day breaks. Members considered this allowed them a sufficient break to return to work refreshed, have a happy disposition and a positive effect on morale; • Nature of response work involves traversing significant distances under priority and the ability to take sequential weekly leave days reduced fatigue; • Alternative roster provides no work-life balance; and • The proposed roster does not significantly reduce fatigue, has no flowing pattern and lacks any sequential periods of weekly leave days. Following this meeting, all Branch representatives were urged to hold Special Branch Meetings to discuss the alternative roster and seek feedback from the wider cohort of Response officers. All nine affected Branches were able to hold meetings before the consultation end date of 29 July 2016.
Branches passed a number of motions pertaining to the roster at the Special Branch Meetings. Eight of the nine Branches passed a motion rejecting the alternative roster in its current form, the remaining Branch chose not to pass any motions due to the lack of Response Team representation present. Several Branches directed WAPU to lobby WA Police to consider alternative rosters that focused on Member safety and fatigue. Additionally, most Branches called for WAPU to continue consultation with WA Police with a view to developing suitable alternatives. During discussions, all Branches expressed their preference would be to continue with the current rostering arrangements, and tweak starttimes to minimise fatigue. The feedback from the Branches was collated by WAPU and sent to WA Police on 1 August 2016. This feedback was considered by WA Police, along with responses received through other avenues, for instance the Innovation Portal and OICs. WA Police announced on 5 August that, due to the overwhelmingly negative feedback received by Members on the alternative roster, no changes would be made to Response rostering arrangements at this time. Thanks to the large number of Members who provided feedback to WAPU at the Special Branch Meetings and via email and phone calls to WAPU HQ, the Employer had no choice but to listen to your concerns and abandon the proposed changes to the Response roster. This is a fantastic outcome for WAPU as it is our role to ensure the voices of Members are heard by the Employer. In this instance, you were heard loud and clear. WAPU would like to thank every Member who participated in the consultation process. This outcome is testament to the power and influence your collective voice has in determining matters which affect your working conditions and service to the community.
27 POLICE NEWS AUGUST 2016
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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
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• Superannuation claims (TPD) Tim White
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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
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CRIMINAL AND DISCIPLINARY • The Corruption and Crime Commission
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• 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.
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LEGAL
Associate, Tindall Gask Bentley Lawyers
A legal checklist for travellers WHEN YOU’RE PLANNING a holiday there are a few things that are always checked prior to departure, the bags are packed, the flights are booked and the accommodation is organised. Most people will also take out travel insurance in order to financially protect their travel plans and possessions.
However, there are three critical things that are often neglected by travellers which, if left unchecked, could have a significant impact if something unfortunate occurs whilst you travel. • Have you appointed a Legal and Financial Authority (Enduring Power of Attorney)? • Have you appointed a Health & Lifestyle Authority (Enduring Power of Guardianship)? • Do you have a valid Will in place? Considering these documents prior to going on a holiday overseas or for a significant period of time is essential and a lawyer can quite quickly and simply prepare them for you.
Having these documents organised before you go away will ensure you have peace of mind and can relax whilst enjoying your vacation.
LEGAL AND FINANCIAL AUTHORITY (ENDURING POWER OF ATTORNEY) What would you do if the bank blocked your access to your accounts or a water pipe blows in your home whilst you are away on holiday? An Enduring Power of Attorney is a legal and financial authority ensuring that the person you appoint will have the authority to resolve these issues on your behalf. For example, to contact the bank or correspond with government organisations.
HEALTH AND LIFESTYLE AUTHORITY (ENDURING POWER OF GUARDIANSHIP) What if you are injured on your trip and important decisions need to be made about your health? An Enduring Power of Guardianship allows you to authorise another person or people to make medical and lifestyle decisions on your behalf if you become
EMERGENCY 24/7 DIRECTOR 0438 080 930
639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155 F: (08) 9321 2177
unable to make those decisions for yourself. This document is recognised overseas or interstate and is extremely important if you find yourself in a situation where you have to be admitted to hospital or undergo an operation.
YOUR WILL Should the unthinkable happen whilst you’re travelling it is essential to have a valid Will in place. Having a valid Will is the best way you can ensure that your personal effects and assets will be distributed in the way that you want them to be following your death. Having these documents organised before you go away will ensure you have peace of mind and can relax whilst enjoying your vacation.
For fur ther information or assistance in preparing these documents, contact WAPU to arrange an appointment with a TGB Lawyer.
Mick Kelly
EMERGENCY DIRECTOR
WAPU
wapu.org.au admin@wapu.org.au
29
POLICE NEWS AUGUST 2016
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HEALTH
POLICE HEALTH
Strength training solution for police back pain IT SEEMS THAT POLICE officers, more than anybody, need to keep up their strength. International studies are repeatedly showing that the nature of police work can lead to multiple health issues and disease.
Officers who only engage in resistance training have a decreased prevalence of lower back pain because it improves the body’s structural balance. This can assist in the healing of current injuries and lessens the chance of future damage.
And a key problem is lower back pain – a condition which may be linked to other serious health outcomes. Wearing duty belts and driving patrol cars means chronic lower back pain is now common. One overseas study found that 86 per cent of officers experience lower back pain, which causes them problems sitting and standing for long periods and disrupts their sleep. Researchers are concerned this results in lack of fitness and, when combined with an unhealthy lifestyle and shift work, leads to greater risks of obesity. More than three-quarters of officers were found to be overweight or obese in one survey and this exacerbates other health risks. It makes them more vulnerable to diseases such as diabetes and cardiovascular disease. It’s a worrying scenario in which long-term health outcomes are poor. A US study showed about one-third of officers retire early due to health problems while another found that the average lifespan was just two to five years after retirement. The good news is that police work does not have to be bad for your health – providing you look after yourself. The secret to a healthy future could be no farther away than the local gym – and a regular course of strength training.
BENEFITS OF RESISTANCE OVER ENDURANCE Researchers are blaming a lack of physical fitness on the overwhelming frequency of injuries, disease and premature death among police officers. Officers who are physically fit and engage in higher levels of exercise are known to have lower levels of back pain. They are also less likely to suffer other injuries, such as sprains and strains. Building a healthy fitness level is important for developing structural balance in the body to increase mobility and decrease muscular problems. But the type of physical training is important because the results are much better for strength training as opposed to endurance training. Endurance training has been shown to increase inflammation and significantly raise levels of stress hormones such as cortisol. This in turn can impact muscle and bone health while increasing the risk of cardiovascular disease. Endurance activities such as jogging can also exacerbate existing injuries, including back pain, while leading to other complaints such as shin splints, knee stress and foot and ankle injuries. On the other hand, research has shown that circuit training helps increase muscle mass, flexibility and endurance, and can also improve cardiovascular health. Of f icers who only engage in resistance training have a decreased prevalence of lower back pain because it improves the body’s structural
balance. This can assist in the healing of current injuries and lessens the chance of future damage. Strength training has also been found to reverse some of the negative effects of endurance training, such as oxidative stress, inflammation, increased cortisol levels and muscle deterioration.
TIPS FOR A STRENGTH TRAINING PROGRAM A strength training program is a little more complicated than hoisting a few weights. It’s a good idea to consult a qualified health and fitness professional for advice to establish a workout regime suitable for your age and fitness level. Here are a few workout tips: • Set some goals and follow the SMART guidelines – specific, measurable, attainable, relevant and time-bound. • Start small, say three days a week involving 45-minute sessions. • Don’t overdo it and pay attention to your body. Some muscle fatigue is normal, but if you feel any pain or discomfort stop the exercise. • Prioritise your routine – do the toughest exercises first and focus on compound lifts such as squats, deadlifts, bench press and shoulder press.
Continued page 37 31 POLICE NEWS AUGUST 2016
Package a new car and save on tax
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Mention this advert prior to completing your contract and get a bonus Fitbit Charge HR or an iPad Mini when your new vehicle is delivered!
Did you know that as a police officer, you have priority access to salary packaging your next car? Let the team at Fleet Network show you how to save thousands when buying your next new car. It’s all about getting the most out of your salary and paying less in tax.
It’s worth a call – it’s your salary, after all.
1300 738 601 www.fleetnetwork.com.au/bonus 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.
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FLEET NETWORK
The New Mazda CX-9 spoils you with luxury and space THE ALL-NEW SECONDGENERATION MAZDA CX-9 seven-seat large SUV was released in Australia in early July, and hasn’t disappointed. It’s wider and taller than the TB model it replaces after nine years on the market, and it carries seven people more than comfortably. It is the ultimate blend of stunning sophistication and family SUV.
The Japanese brand’s local operatives knew that getting it right with the pricing and specifications of the all-new CX-9 was crucial. After all, it competes with the likes of the segment-leading, petrol-only Toyota Kluger (and its diesel off-roader sibling the Fortuner), not to mention the Holden Captiva, Hyundai Santa Fe and Kia Sorento, among others. The brand new Mazda CX-9 carries the Maximum five-star ANCAP Safety Rating. It’s the first large SUV to offer AEB as standard, with the key crash avoidance technology and blind-spot monitoring not only covering the front of the car but also the rear. Airbags are also included in the third row of seats.
It’s the very first Mazda to feature the breakthrough SKYACTIV-G 2.5T turbocharged petrol four-cylinder engine, delivering exceptional power and efficiency. The new model is rated to tow a maximum of 2000kg in either two or four-wheel drive guise, with a maximum towball download of 100kg. The shape cuts an elegant figure on the road thanks to ‘KODO – Soul of Motion’ design. The spacious interior is finished with quality craftsmanship in every detail. Add the latest in connectivity, passenger comforts and i-ACTIVSENSE safety technologies and you’ve got a seven-seater that brings together luxury with practicality that you and your family will love. It’s worth noting that while the new CX-9 is shorter than the model it replaces, it continues to be the longest of its direct rivals, topping the Pathfinder by 67mm, the Kluger by 207mm, the Sorento by 295mm and the Santa Fe by 375mm. One particular highlight is that it’s the first of its direct rivals to offer a child seat anchorage point in the third row. It may be a top-tether, but it means you can legally carry a total of four child seats at once. There’s threezone climate control to keep everyone in their comfort zone, and standard Bluetooth® for hands-free calls and wireless streaming of all your tunes. You’ve got no end of handy places for coffee, coins and other stuff. Mazda CX-9 Sport Features • 18-inch alloy wheels • LED headlamps
• 7-inch full colour touch screen display (MZD Connect) with Sat Nav • Multi-function commander control • Advanced keyless push-button engine start • Bluetooth® hands-free phone and audio capability with internet radio integration • Air-conditioning with three-zone climate control • Rear parking sensors • Reverse camera • Blind Spot Monitoring (BSM) • Smart City Brake Support [Forward/Reverse] (SCBS F/R) 2016 Mazda CX-9 Range • CX-9 Sport – six-speed auto FWD • CX-9 Sport – six-speed auto AWD • CX-9 Touring – six-speed auto FWD • CX-9 Touring – six-speed auto AWD • CX-9 GT – six-speed auto FWD • CX-9 GT – six-speed auto AWD • CX-9 Azami – six-speed auto FWD • CX-9 Azami – six-speed auto AWD If you are interested in learning more about the Mazda CX-9, or any other vehicles, the team at Fleet Network have extensive experience in vehicle purchasing and salary packaging. Speak to one of Fleet Network’s expert consultants for an obligationfree quote today. Let us show you how to best use your pre-tax salary and save thousands on your next new car. It’s one of the benefits of being a police officer. Make the call to Fleet Network on 1300 738 601 or visit www.fleetnetwork.com.au.
33 POLICE NEWS AUGUST 2016
READ
FACE YOUR FEARS SOA PALELEI RRP $35.00
From fighting to survive as a kid to doing combat in the world's most brutal arena, this is the remarkable story of one of the first Australian fighters to make it to the UFC. Following a childhood from hell, Soa 'The Hulk' Palelei was left homeless and headed straight for trouble. Until mixed martial arts put him on the right path in life. After making his professional fighting debut in 2002, Palelei went on to dominate on the Australian circuit. Five years later, he was signed on to compete in the revered Ultimate Fighting Championship. But the dream didn't last. He lost disastrously in 2007 and was dropped. All his supporters disappeared when he needed them most. It took him four years of hustle and grind to get back to the top. Palelei's raw and powerful story is, at its heart, one about turning obstacles into opportunities and following your dreams.
WATCH
OUR VIETNAM NURSES ANNABELLE BRAYLEY RRP $34.99
MIDNIGHT SPECIAL
HINTERLAND SEASON 2
From the bestselling author of Bush Nurses and Nurses of the Outback comes this collection of compelling and moving stories of our heroic nurses in the Vietnam War. Being a nurse always requires a cool head, a steady hand and an open heart. But if you're working in a war zone, the challenges are much harder. When Australia joined the Vietnam War, civilian and military nurses were there to save lives and comfort the wounded. With spirit and good humour, they worked hard and held strong, even though most of them were completely unprepared for the war before they landed in the middle of it. These 15 stories show a side to the Vietnam War that has received little recognition but played an important part in shaping Australia's presence in the war.
A provocative, genre-defying film as supernatural as it is intimately human, Midnight Special follows a father, Roy (Michael Shannon), who goes on the run to protect his young son, Alton (Jaeden Lieberher), a boy with mysterious powers that even Roy himself cannot comprehend. What starts as a race from religious extremists and local law enforcement quickly escalates to a nationwide manhunt involving the highest levels of the Federal Government. Risking everything, Roy is committed to helping Alton reach his ultimate purpose, whatever that might be and whatever it costs, in a story that takes audiences on a perilous journey from Texas to the Florida coast, while exploring the bonds of love and trust, and the nature of faith.
The first season of the acclaimed Welsh series ended with a bloody cliff hanger and now the second series will see DCI Tom Mathias (Richard Harrington), return to a world of killers and their victims in his attempt to investigate and hunt down the perpetrators of crimes that jeopardise the safety and security of the local community. Hinterland is atmospheric and disturbing – a detective drama of poetry and scale, a story of blood, soil and belonging. Courtesy of RLJ Entertainment.
RRP $29.95
RRP $34.99
WIN
WIN
Thanks to Penguin Australia, we have one copy of Face your Fears and Our Vietnam Nurses 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 September, 2016.
We have ten copies of Midnight Special and five copies Hinterland Season 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 September, 2016.
POLICE NEWS AUGUST 2016
SEE
WAR DOGS
SEASON COMMENCES August 18 War Dogs follows two friends in their early 20s (Jonah Hill and Miles Teller) living in Miami Beach during the Iraq War who exploit a littleknown government initiative that allows small businesses to bid on US Military contracts. Starting small, they begin raking in big money and are living the high life. But the pair gets in over their heads when they land a $300 million deal to arm the Afghan Military – a deal that puts them in business with some very shady people, not the least of which turns out to be the US Government.
LISTEN
BRIDGET JONES'S BABY
SEVEN MIRRORS
SEASON COMMENCES September 15
DRAPFT
After breaking up with Mark Darcy (Colin Firth), Bridget Jones’s (Renee Zellweger) “happily ever after” hasn’t quite gone according to plan. Fortysomething and single again, she decides to focus on her job as top news producer and surround herself with old friends and new. For once, Bridget has everything completely under control. What could possibly go wrong? Then her love life takes a turn and Bridget meets a dashing American named Jack (Patrick Dempsey), the suitor who is everything Mr Darcy is not. In an unlikely twist she finds herself pregnant, but with one hitch … she can only be 50 percent sure of the identity of her baby’s father.
With a two-times platinum single, two gold singles, a gold album and a handful of ARIA nominations with a win for Best Urban Album under his belt, it’s no great secret that Drapht is a songwriting prodigy. Fifth album, Seven Mirrors continues the upward incline of Drapht’s artists output, showing off even more songwriting flair and linguistic dexterity than ever before. On Seven Mirrors, Drapht has collaborated with music royalty and newcomers alike. Party anthem Mexico featuring Dune Rats is the second single to hit radio, Don Quixote featuring Hilltop Hoods feels destines to be a live favourite and BAD blasts out of the speakers with the scorching voice of LA-based Nat Dunn.
ENTERTAIN ME
ENCORE: MOVIE PARTNERS SING BROADWAY BARBARA STREISAND
On the heels of her first appearance at The Tonys since 1970, Columbia Records and Sony Music Entertainment Australia has announced the release of Barbra Streisand’s Encore: Movie Partners Sing Broadway. The new album features 10 new Streisand duets of Broadway classics with some of the biggest stars in Hollywood. The inspired new musical pairings on the album include Alec Baldwin, Antonio Banderas, Jamie Foxx, Anne Hathaway, Hugh Jackman, Seth MacFarlane, Melissa McCarthy, Chris Pine, Daisy Ridley, Patrick Wilson, and a spectacular virtual duet with Anthony Newley.
WIN
WIN
We have two passes to give away to War Dogs and Bridget Jones's Baby. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the movie. Winners will be drawn on 1 September, 2016.
We have five copies of Seven Mirrors and Encore: Movie Partners Sing Broadway to give away courtesy of Sony Music Australia. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the CD. Winners will be drawn on 1 September, 2016. 35 POLICE NEWS AUGUST 2016
NEW MEMBERS
WAPU WELCOMES ITS NEWEST MEMBERS Gold Squad 9/2015 Katie BISHOP Peter BORSERINI Rhiannon COLLOPY Stuart COPPOCK Darren D’MELLO Timothy DODDS Jennifer HAENNI Jake HATCH Luke HEADY Cameron JOHNSON Rosie JOHNSON Ancil KAPPEN Jason LUNDY Jiannder LY Rebecca MACNEALL Alistair MCDONALD Jason MIZEN James MORRISON Michael NOCK Stephanie PLUMMER Gurpreet SINGH Kulbir SINGH Jack SOMMERVILLE Vianna TOUSOON Lisa WATTS Trenton WHITE Emily WILLIAMS
36 POLICE NEWS AUGUST 2016
Blue Squad 10/2015 Kevin BEATTIE Timothy BERNADT Laura BOWLING Abbi CARTER Emma CLAYTON Samuel CRABTREE Craig DAVIS Dylan EDWARDS Emily GROVE Matthew HARVEY Mark JONES Clinton KATENE Jeremey LAWALATA Quinn MCCONNELL Tamina MCDONALD Dillon MCLEAN David MUHLEISEN Luke NEWLAND Katherine O’LOUGHLIN Matthew O’NEILL Cassidy PARISH Stephen POTHAN Adam RUSH Sonia SMITH Patrick SOUTHWELL Ryan TWORT Hannah WALKER
RETIREMENTS & RESIGNATIONS
VALE
HEALTH
Continued from page 31
RETIRING MEMBERS 5102 Ronald FAIRCLOUGH 5481 Graham BLACK 5781 Geoffrey MALONEY 5890 Alfred FORDHAM 6390 Robert SMITHSON 6753 Beverley BRADY 7220 Glenn RUDRUM
RESIGNING MEMBERS 7580 Fiona RAYNER 11628 Reagan TAYLOR 11762 Roger BURNLEY 11852 Hayley McNEIL 11925 Ian HAYWARD 12681 Mitchell DERRICK 13275 David SCRAGG 13303 Rebecca OXLEY 13316 David EMMERTON 13377 Gregory BRAMLEY 13380 Philip CLARKSON 13542 Sharon PRICE 13894 Gregory LAUDER 14233 Michael MOORE 14531 Karyn HOLMES 14557 Kyla GUTHRIE 14681 Matthew CHANDLER 15094 Kieran LINES 15211 Suellyn MULLER 16222 Emily ELPHICK 50076 Cameron NAPPER 50599 Shalini VIGNESH
RETIRED 2588 Senior Sergeant NOEL RICHARD DAWSON Aged 85 3105 Chief Inspector ROBERT WILLIAM MOFFAT Aged 83 3834 1/C Sergeant VINCENT SMITH Aged 80 4103 Inspector PETER CHARLES DORTER Aged 74 3556 Sergeant NEVILLE RAY ROBERTSON Aged 73 2230 Superintendent RONALD GILLIES Aged 88
• Keep it simple – focus on raising and lowering weights in a controlled manner over a full range of motion. • Maintain a log and constantly strive to improve your numbers. • Watch the clock and limit rest periods to maximize efficiency. • As you become more comfortable with the routine, challenge yourself by increasing the number of repetitions and then the weight. • Do cardio exercises, such as running upstairs, in short, intense bursts. Remember that long-distance running or cycling increases hormones levels and breaks down muscle tissue. • To avoid becoming bored, try changing your routine every six weeks or so.
POLICE HEALTH SUPPORT Police Health offers generous benefits towards exercise physiology under its SureCover Extras, Platinum Health and Platinum Plus cover. This includes annual maximums of $400 per person or $800 per family. Conditions and waiting periods may apply.
DID YOU KNOW SMOKING CAN BE BAD FOR YOUR BACK? It can reduce the nutrients needed for the disks in your back and smoker’s cough may also cause back pain. People who smoke are slow to heal so the pain lasts longer. 37 POLICE NEWS AUGUST 2016
FROM THE ARCHIVES
AUGUST 2000 POLICE UNION CONFERENCE
ELECTION PROMISES Leading into the 2001 State Election, Premier Richard Court and Opposition Leader Geof f Gallop made several commitments to police in the event they were elected. A Cour t- le d St ate G over nment committed to 200 extra police officers over four years, increased penalties for crimes against the elderly, civil liability protection for householders protecting their property from offenders and a repeat offenders program. WA Labor promised an extra 250 police officers over four years with 50 to be dedicated to metropolitan rail services and if elected, Labor would also have a strategy for targeting crime hotspots. President Mike Dean said Members should be encouraged by the announcements however, the Union was working on persuading both parties to increase the police budget. “The Union believes that an immediate funding supplement of $10 million is necessary to overcome current expenditure restrictions such as those on overtime, motor fuel, tyres and other essentials,” Mr Dean said. For the record, Labor, under Mr Gallop’s leadership, won the 2001 election with an eight per cent swing against the Liberals.
The August 2000 edition of Police News reported on the recently held Annual Conference. At the conference, delegates debated a range of motions and took part in a strategic planning workshop which focused on section – dismissal and appeal rights; enterprise bargaining agreement; occupational safety and health and urgent duty driving. Conference decided to hold a separate two-day seminar to fully canvass issues in relation to urgent duty driving.
22ND AUSTRALIAN POLICE BASKETBALL CHAMPIONSHIPS The Australian Police Basketball Championships were held in Perth in June with WA fielding a very strong experienced men’s team that would win the championship, defeating New South Wales by four points in the grand final. The women’s side also won their division when they defeated a combined South Australia/Australian Federal Police team 46 to 44.
THE FIRST OF MANY… Then Director, now Field Officer, Dave Lampard penned the first of his many Police News articles in August 2000. Dave was going to concentrate on resources and staffing but as his opening paragraph said, he changed his mind. Instead, he delved into his career as a police officer and in particular mining industry accidents from his time as OIC at Southern Cross between 1987 and 1991.
Isn’t being a police officer tough enough, without having to fight for workers’ comp?
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 (W.A.)
We’ve got your back. Policing is all about looking out for other people. Which is why it’s important to have someone look out for you. At Police Health, not only do we stand by the force, we stand with it as well. We’re run by police for police and their families, which is why we have a unique understanding of a unique job.
And why over 50,000 members trust their welfare to us Australia-wide. For more than 80 years we’ve served police and their families, and only police and their families; it’s how we all want it and how it will stay.
If you had an ordinary job, all you’d need is an ordinary health fund. But you don’t, and that’s why you have us.
To find out more call us on 1800 603 603 or go to policehealth.com.au
Police Health Limited ABN 86 135 221 519, a registered not for profit, restricted access private health insurer.
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