WAPU Police News June 2021 by WA Police Union

JUNE 2021

Eyes in the sky

Newly rolled out aircraft assets have been a welcomed support to police officers across the State.

WAPU Achievements

What your Union does for you.

WAPU Inaugural Retirement Dinner In April, WAPU celebrated the careers of 102 retired police officers.

THE MAGAZINE FOR THE

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JUNE 2021

POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION

CONTENTS

Eyes in the sky Newly rolled out aircraft assets have been a welcomed support to police officers across the State.

New Staff at WAPU HQ WAPU welcomes two new faces to the team at WAPU HQ. Find out their roles and how they will help you.

WAPU Achievements What does your Union do for you? From the Police Compensations Scheme, the GROH rent freeze, introduction of the Critical Incident Leave and changes to the Assault Public Officer legislation, the Union has welcomed some major achievements for our Members

WAPU Inaugural Retirement Dinner In April, WAPU celebrated the careers of 102 retired police officers at our Annual Retirement Dinner.

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06 W APU DIRECTORS AND STAFF 08 P RESIDENTS REPORT 22 I NDUSTRIAL REPORT 28 F IELD REPORT 30 E XMOUTH HOLIDAY HOME 32 M OTORING 33 F INANCE 35 L EGAL 36 H EALTH 37 RETIREMENTS, RESIGNATIONS AND VALE 38 N EW MEMBERS

WAPOLICE UNION 639 Murray Street West Perth WA 6005 P (08) 9321 2155 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 Instagram instagram.com/wapoliceunion

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.

PUBLISHED BY WA Police Union 639 Murray Street West Perth WA 6005 (08) 9321 2155 ADVERTISING WA Police Union (08) 9321 2155

COVER Police Air Wing with the new Remotely Piloted Aircraft Systems. Photo: Jody D'Arcy. ABOVE The WA Police Union Annual Retirement Dinner.

POLICE UNION

Board of Directors 24/7 EMERGENCY DIRECTOR

HARRY ARNOTT President

MICK KELLY Senior Vice President & 24/7 Emergency Director 0438 080 930

PAUL GALE Vice President 0403 314 426

WARD ADAMSON Treasurer 0457 603 311

BRAD BIRD Director 0427 743 889

ALICIA CURCHIN Director 0417 911 502

CHRISTINE FREY Director 0428 688 747

JASON GENTILI Director 0437 417 467

Staff

PAUL HUNT Secretary 6 POLICE NEWS JUNE 2021

CHRIS VITLER Finance Manager

STEVEN GLOVER External Media Communications Manager

JESSICA CUTHBERT Media Officer

KATRINA TAYLOR Industrial Officer

MARK SHIPMAN Industrial Lawyer

MATTHEW PAYNE Research Officer

GAR Fi

BOARD OF DIRECTORS & STAFF

MICK GILL Director 0427 097 000

KEVIN GUY Director 0436 859 835

GARY KEENAN Field Officer

CARL STEWART Field Officer

MARK JOHNSON Director 0488 352 525

GRAEME MACEY Director 0436 946 699

BRAD SINCLAIR Finance Officer

TARRYN SMITH Finance Officer

HARRY RUSSELL Director 0412 585 429

PENNY BROWN Member Services Officer

CLINT WHALLEY Director 0409 118 381

DEBORAH THOMAS Administration Officer

BRANCH PRESIDENTS Academy Tiffany McAlinden Air Wing John Gobbels Armadale-Gosnells Paul Burke Avon Dave Flaherty Bunbury Australind Gareth Reed Cannington Doug Stjepic Causeway Matt Turner Central Great Michael Le Poldevin Southern (Vice President) Central Midlands Jake Hendry Central West Coast Brett Cassidy Commissioned Kim Travers Officers East Kimberley Stuart Lapsley Eastern Goldfields Fergus Mackinnon Eastern Wheatbelt Ben Reid Fortescue Kristen Teale Fremantle Rosie McKee Gascoyne Jade Shepley Geraldton John Cranley Great Southern Chris Bell Intelligence Contact WAPU HQ Operations Joondalup Ben Giff Leeuwin Naturaliste Brad Walder Licencing Paul Baker Enforcement Lower South West Darren Gill (Vice President) Major Crime Greg Hart Mandurah Harry Russell Maylands Complex Scott Sulley MFPF Sheryl Jackamarra (Secretary) Midland Mike Pearce Midland Workshops Jeanette Maddison Mirrabooka Todd Robinson Murchison Max Walker North Eastern Carl Logan Goldfields North Pilbara Alex Kay Northern ROG Sam Brocklesby Perth Christine Frey Perth Watch House Gemma Priest Professional Chris Lockwood Standards Prosecuting Branch Gav Beadle Protective Service Wade Van Luyn Office Rockingham Kwinana Andy Allison Serious & Jennie Jannings Organised Crime Sex Crimes Cliff Daurat South East Eyre Aaron Honey South West Matt Fogarty Hinterland Southern ROG Mark Crossley State Traffic Paul Gale Operations Traffic Enforcement Lance Munckton Group North Traffic Enforcement Steve Kent Group South Upper Great Mick Williams Southern (Vice President) WAPU Now Kareene Santoro Water Police Adam McGregor West Kimberley Michael Sedgman West Pilbara Dejan Pavlovic

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MICK KELLY

Acting President

One-year IA makes sense INDUSTRIALLY, we certainly find ourselves in quite a unique position. After the previous industrial agreement expired in June 2019, it took until March 2021 to deliver an outcome via partial arbitration and a decision from the Senior Commissioner. The arbitration process was certainly an interesting experience. It took longer than I think we all would have liked but it did show us that we can go into that realm and come out the other side with our high fought conditions intact. On this occasion, we were granted two Rest Days. The oddity is that almost immediately after registration, and while still holding discussions about the implementation of the new Rest Days provision, we found ourselves with the need to serve a log of claims on the WA Police Force to reach agreement for a new deal by the end of June 2021.

It is the Union’s view that given we are still grappling with the Rest Days provision, which you can read more about on page 22, a one-year deal within the draconian State Wages Policy would be in the best interest of all parties.

On April 19, we served our log of claims on the Commissioner of Police to start the process in the hope of agreement by the expiration date. It is the Union’s view that given we are still grappling with the Rest Days provision, which you can read more about on page 22, a one-year deal within the draconian State Wages Policy would be in the best interest of all parties. This would also allow us to work with the WA Police Force to complete the proposed and agreed reviews into deployment, rostering and the role of prosecutors. There is also the chance that just maybe the State Wages Policy, that we have all borne the brunt of, will change in the coming years but it is our expectation that it is here to stay for at least another two years. We have been committed to reaching an outcome to present to Members by the expiration deadline. As this report goes to print, a resolution by June 30 appears unlikely because the WA Police Force has yet to respond to our claim which we sent to them in April. Again, it appears likely we will need to argue for a backdated agreement. One part of the log of claims I did want to touch on was the Right to Disconnect. This provision was included in the most recent Victoria Police enterprise bargaining agreement and we believe it is very applicable to our Members. Now, Victorian police officers can now only be contacted outside of work hours for emergencies or welfare matters and we will be negotiating to see this included in our next agreement. For more information about the Right to Disconnect please turn to page 28. Members can view the full log of claims in the Members Area of the WAPU website.

PRESIDENT'S REPORT

On behalf of WAPU and our Members, I want to thank Dean for his service over his 11 years with the organisation and I know full well that he will certainly enjoy his retirement and continued involvement with our WAPU Adventure Club.

Dean Giacomini (left) and Steven Glover.

STAFF FAREWELLS In this edition, we farewell two long term staff members who have departed WAPU HQ. In May, we said farewell to Field Officer Dean Giacomini who decided to retire and explore the State in his faithful caravan. Dean has been at the forefront of organising our Branches, signing up new recruits as Members and supporting Members with their legal issues. On behalf of WAPU and our Members, I want to thank Dean for his service over his 11 years with the organisation and I know full well that he will certainly enjoy his retirement and continued involvement with our WAPU Adventure Club.

This edition will also mark the last time our External Media Communications Manager Steven Glover will be involved in the publication of Police News. Steve joined the Union back in 2013 as a Media Officer and after eight years has decided to accept a role with SportWest. I want to thank Steve for his work for the Union, in particular the production of this magazine which has been a major part of his role. While we will certainly miss Dean and Steve, we have had a few new staff start with WAPU recently and you can read about them and what they bring to our team on page 16 of this edition of Police News.

I want to thank Steve for his work for the Union, in particular the production of this magazine which has been a major part of his role.

EYES IN THE SKY BY JESSICA CUTHBERT

POLICE NEWS JUNE 2021

Newly rolled out aircraft assets have been a welcomed support to police officers across the State. The WA Police Force’s Remotely Piloted Aircraft Systems (RPAS) Expansion Project has been a 12-month rollout, training officers in each regional district and selected specialist units to become fully qualified Police Remote Pilots. The officers selected to undergo training were required to complete the same theory and practical training under the Civil Aviation Safety Authority (CASA) standards. The new RPAS will, and already have, significantly increased air support capability in a wide range of situations, including emergency response to land and marine search operations, major crash evidence mapping and top cover for officers in the field. Project Manager Senior Sergeant Dean Vivarelli said the new assets would not replace traditional aircraft deployments with Police Air Wing resources still available in emergencies. “These provide additional options for immediate deployment and will complement other aircraft resources used in a variety of situations,” he said. “This technology isn’t replacing what we currently have, it’s building on and supporting what we do have while also bringing new technology and capabilities to officers.” Sen. Sgt Vivarelli said the project was an important merge of two cultures, the policing culture where officers manage emergencies as they have been taught to do so and aviation policing which is highly regulated. “These RPAS are no different to any other aircrafts. Although unmanned they still fall under CASA regulations so if they go down in the field there is the same procedure and investigation as there would be if it were a helicopter or plane,” he said. Chief Remote Pilot Paul Wimsett played a crucial role in the rollout of the program and the training of the 72 Police Remote Pilots across the State. “My role was to merge policing experience and aviation and I would say it’s been an incredibly successful project so far. The mesh of aviation and policing is a mould that not every police officer would fit, so we made sure to be mindful of that during the selection process.” Chief Remote Pilot Wimsett said the technology is a game changer for the WA Police Force, adding the benefits and successes that were already being achieved were exceptional. “The program was originally planned for the training of 60 pilots, however already 72 police officers have been trained highlighting the success of the project. It has been delivered well under budget and well above the scope of what was expected,” he said. ▷ 11 POLICE NEWS JUNE 2021

“Essentially this rollout has decentralised Police Air Wing by putting air wing assets in all the regions where they can be just as effective and if not more effective in certain situations.”

12 POLICE NEWS JUNE 2021

He told Police News the training for each officer was completed within a few weeks. “There’s the CASA initial training and then Police Air Wing deliver an aviation package with the policing aspect,” he said. “We then leave our team out in the districts to train them in the field. When the time comes where a situation unfolds, as much as these officers have their policing hat on, they also have their aviation hat on.” The use of the RPAS will make police operations more efficient, effective and safer for police officers and has already been utilised during a situation involving the Tactical Response Group. Police Air Wing helicopters were deployed to patrol overhead as a situation unfolded. However, as the task progressed it was clear it would be long time for the aircraft to be in the air, making it an expensive cost, so the RPAS was used. “In this case we got the RPAS involved and for the 14 hours officers were on the scene they had an aircraft airborne for 12 and a half hours, all while maintaining situational awareness and command and control,” Sen. Sgt Vivarelli said. “There are also the benefits of downloading the footage and a live feed to the major incident command centre and forward command posts. From the cost to the effectiveness, in this situation the RPAS was the ideal choice.” The aircrafts also have a function to complete efficient mapping of serious or fatal crash scenes, reducing the time of compiling evidence from days to just minutes. “It enhances the capabilities we have and we are still only scratching the surface,” Sen. Sgt Vivarelli said.

“Essentially this rollout has decentralised Police Air Wing by putting air wing assets in all the regions where they can be just as effective and if not more effective in certain situations. “Once the officers are trained, they use their judgement in how and when they want to use the asset. That’s completely up to them.” Project Maintenance Controller Constable Russell King from Police Air Wing told Police News he overlooks the maintenance of every RPAS. He said they are fitted with visual lights, speakers, a 4K wide lens camera with a 200 x digital optical zoom, thermal sensor and in some cases a spotlight. Already in the regions and especially along the coastline, the RPAS has proved efficient in remote inland landscapes in search and rescue operations. They can be deployed from the ground instantly, stay up in flight mode for hours, are highly visible and fitted with flashing lights and sirens. They are also capable of broadcasting a message to range up to one km. “We were conducting a land search in Yallingup last year where we actually recorded a voice message from a mother whose son was lost in the bush. She recorded a message for her little boy to come out of hiding and not fear the lights and people searching for him,” Constable King said. “The RPAS was in the air within minutes, playing the broadcast of mum’s voice with the flashing lights, so we had mum say: ‘Jimmy if you look up and see the flashing lights, don’t be scared follow the lights.’ “The old way of doing that took a while to record the message and send it out but using this new technology it was done within minutes and in the air broadcasting.”

Four officers from the Great Southern District were the first from regional WA to be trained. In April, officers in Albany conducted an emergency land and marine search for a missing man off the coast. In conjunction with the Police Air Wing, Marine and SES personnel and a helicopter, the RPAS were deployed. Acting Superintendent Glenn Spencer from GSD said the new technology plays a crucial role in many local emergencies. He said the aircrafts have already been deployed for proactive intelligence gathering and assistance in marine and land searches, both with successful outcomes. “We have had success locating drug crops in remote bush land, searched parts of the coast that was too dangerous for boats to get close to and have located people during these searches,” he said. “One particularly good outcome was a recent land search for a juvenile person at risk, who had taken a kitchen knife and ran off into bushland threatening self-harm. “The bushland was several hundred acres in size and historically this would have been an intensive resource search. However, with only two police vehicles and four officers, one of whom was an RPAS pilot, the RPAS was deployed and with the thermal imaging infrared capability, the person was identified within a very short space of time.” He said without the RPAS, a full-scale land search may have taken hours and used significantly more resources. “In this case the whole job was over in less than an hour. Anything which reduces the risks to our people and contributes to such successful outcomes in such a short time frame has to be a good thing,” he said. ▷

“We have had success locating drug crops in remote bush land, searched parts of the coast that was too dangerous for boats to get close to and have located people during these searches.”

01 Project Maintenance Controller Constable Russell King. Pic: Jody D'Arcy. 02 A land and marine search operation at Cheynes Beach. Pic: WA Police. 03 The RPAS setup. Pic: Jody D'Arcy. 04 RPAS training in the Great Southern. Pic: WA Police. 05 Marine search using the RPAS at Ledge Beach. Pic: WA Police. 06 Land search in Warakurna. Pic: WA Police.

13 POLICE NEWS JUNE 2021

07 Chief Remote Pilot Paul Wimsett and Senior Sergeant Dean Vivarelli with the aircrafts. 08 Police Air Wing with the RPAS.

07 08

“The RPAS project is really only limited by CASA statute and the imagination. It is literally revolutionising modern day policing in terms of how we go about our business and amplifying officer safety.”

When rolling out projects like this, two big factors are always considered. How do you improve the response to the community and how do you improve officer safety on the ground? Sen. Sgt Vivarelli said the project was excelling in officer productivity, resource management and successful outcomes. “The vision for this project was to create better technology and make that technology available wider throughout the agency and that is exactly what has been done. All while having that large focus on officer and community safety,” he said WAPU Bunbury-Australind Branch Official Sergeant Gareth Reed, who is a trained Police Remote Pilot, said the RPAS provided a huge boost to his district’s capability to respond in an immediate way when an emergency or serious incident occurs. “Whilst not replacing traditional aerial services, it provides an additional capacity to the response. We can be planning the job on the way to the scene and arranging approval to fly within a very short timeframe,” he said. “We have found them to be highly beneficial in marine and land search operations, drug and intelligence operations, surveillance, providing top cover for officers when entering higher risk premises or areas, crash and crime scene photography, thermal imagery, photography and videography and producing positive media from public engagement events.” Sergeant Reed said it has been pleasing to see the WA Police Force adapting new technologies to improve officer productivity and safety. “The RPAS project is really only limited by CASA statute and the imagination. It is literally revolutionising modern day policing in terms of how we go about our business and amplifying officer safety,” he said. “The feedback we are given from Members on the frontline and on the ground is very positive. It is reassuring for them knowing we can do very simple things like provide top cover for them upon entry to a premise when executing a warrant. “Every day we are sharing stories of successful missions being flown around the State. Some of the photographic court products being produced by Major Crash and Forensics are highly engaging and vastly simplifies understanding of crime and crash scenes for juries and judicial officials alike – a picture tells a thousand words.” WAPU Acting President Mick Kelly said the rollout was a welcomed addition for our Members on the frontline to assist with response to emergencies and management of critical incidents. “This new technology is a fantastic asset for our Members and those in regional areas who now have access to aircraft support when responding to tasks, making it safer for police and the community” he said. “The Union is always happy to see the advancement of technology that is designed to improve our Members’ safety and we look forward to seeing how they are used across the State.” The rollout recently concluded with 72 pilots now trained and 40 drones deployed around the State, including 14 in regional WA.

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POLICE NEWS JUNE 2021

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WAPU we new s You may have seen, heard or spoken with two new faces at WAPU HQ.

“I passionately believe that we can work together to resolve local issues within the workforce. Every worker needs to have someone who can help and offer information and assistance when your job becomes too much.”

16 POLICE NEWS

Gary Keenan was recently appointed as a Field Officer to replace Dean Giacomini, who retired last month after 11 years of dedicated service. Gary comes to the Union from the Community and Public Sector Union Civil Service Association (CPSU/CSA) where he has extensive experience with legislations, operational requirements in the workforce, disciplinary procedures and unionism. Having left Scotland to come to Perth in 1998, Gary worked for various State and Federal MPs before working for the Liquor Trade Union as their Field Organiser. In 2007, Gary moved to the CPSU/CSA as the Learning and Development Coordinator where he delivered training to delegates and offered professional development courses for Members, something he hopes he can deliver to WAPU Members. “I look forward to examining how we can utilise our Members’ five paid union training days and look at delivering training in metropolitan and regional workplaces,” he said. He said he is looking forward to working with Members to provide them with the service they deserve. “I have always been a member of my relevant union and both my parents were branch officials of their unions in Scotland,” he said. “I passionately believe that we can work together to resolve local issues within the workforce. Every worker needs to have someone who can help and offer information and assistance when your job becomes too much.” He said he was excited to build upon the relationships that the current Field Officers have developed and to organise some specific branch official training on OSH matters, industrial entitlements and how to respond to changes in policy and procedures. “I am extremely proud and excited to be offered this opportunity and to work towards making workplaces that have an active Union presence,” he said. “It is the Members of this Union who make WA a better and safer place.”

welcomes staff BY JESSICA CUTHBERT

The other addition to the WAPU Team is Industrial Lawyer Mark Shipman who has been supporting Members since late last year. Mark brings vast arbitration knowledge and experience in legal matters. Throughout his career, Mark has worked in the industrial relations sector where he has developed an acute understanding of business processes, policy development and employment law. He also studied law at Murdoch University Law School and was admitted as a Lawyer in March 2013, practising in State and Commonwealth jurisdictions. After completing law, Mark joined the CPSU/CSA as an Industrial Lawyer, where he remained for eight years. In 2013, he was awarded a Professional Certificate in Arbitration from Adelaide University. He relocated to Indonesia in 2018 and shortly after accepted a Legal Advisor position at Seven Stones International Legal, a property and investment company based in Bali. He returned to Perth WA in March 2020 due to the COVID-19 pandemic and joined WAPU in October 2020 to assist with more complex employment matters. He said he is enjoying his role working with a small and dedicated team with a common focus of securing the best working conditions for Members and ensuring Retired Members are supported. “I am looking forward to making sure Members have access to legal support to address their industrial and employment concerns. Of particular interest is the much-anticipated introduction of the Police Compensation Scheme,” he said. Since his commencement, Mark has worked on some major wins for the Union including securing back pay for recruits in training performing duties of probationary constables. “We have also secured recognition of prior service for transitional and re-engagee job applicants,” he said. He is currently working on larger legal matters including compensation for an injury to a family member of a police officer arising from occupancy of a GROH house, appealing a Loss of Confidence removal action and disputing the application of sick leave and work-related injury payment provisions for officers on long term sick leave.

“I am looking forward to making sure Members have access to legal support to address their industrial and employment concerns. Of particular interest is the much-anticipated introduction of the Police Compensation Scheme.”

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What your Union does for you Police Compensation Scheme The Union secured the long-awaited Police Compensation Scheme at the 84th Annual Conference in November 2020. WAPU started pushing this issue back in the late 1980s and successive Boards and Executives have tried but have been unable to get a scheme over the line which is acceptable to the membership. Importantly, this scheme does NOT touch existing work and non-work-related medical entitlements. Because of this landmark decision and changes to the medical retirement process, medically retired police officers will now be able to honourably end their service to our community and find meaningful employment in another sector. WAPU is currently engaged with the Minister for Police to work through the drafting of legislation, which will sit in the Police Act and Police Force Regulations and be introduced into Parliament this year.

GROH rent freeze Another key achievement of the Union was the freeze to Government Regional Officer Housing (GROH). WAPU ran a strong media and engagement campaign to stop the proposed increase of $30 per week in 2019. The Union clearly highlighted that police officers in regional areas had received a $2,000 pay increase over two years while the Government increased their rents by $3,120, effectively taking a $1,120 pay cut. Luckily, the McGowan Government has listened to the Union’s strong voice and deferred GROH rents. The freeze is due to expire on 30 June 2021 and WAPU is already engaging with the Government and WA Police Force to ensure the freeze continues.

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Critical Incident Leave After two years of vigorous lobbying from the Union, it welcomed the new Post Critical Incident Rest Period. The mandatory rest period is all about caring for police officers and will provide the appropriate support for involved officers when dealing with these incidents. This is highlighted by the fact the Health, Welfare and Safety Division will be providing officers with support during this period. Police officers who attend critical incidents are exposed to significant rigours and stress, so it is crucial they have time away from the frontline. The Union did have concerns that this new provision was going to be managed by Professional Standards however, the Commissioner of Police listened to WAPU’s concerns and showed care for police officers by allocating it to Health, Welfare and Safety Division.

Legal Fight Fund established The Board has seen in other jurisdictions that big, high profile legal cases can be a significant drain on resources so it took the opportunity to secure the Union’s financial future by establishing a dedicated Legal Fighting Fund. It is because of these serious cases, plus the track record of our Members being arbitrarily charged, that the Board saw fit to create this fund. Over this term, the Board has made a number of strategic financial decisions to reduce operating costs and in 2019-20 returned a surplus in excess of $1 million. The Board established a Legal Fighting Fund of $3 million – an insurance to protect Members in the future. While it is hoped that Members will not be charged with serious matters, the honest fact is that there is a likelihood it will happen given the dangerous and dynamic nature of policing. The fund means WAPU is prepared and can provide Members with the defense they need and deserve as Union Members.

01 02

Response to COVID-19 The Union’s major concern as soon as the COVID-19 pandemic worsened was the occupational safety and health of Members. It attained some very valuable conditions to help protect Members as well as their families. The State Government heard our calls loud and clear for priority testing and harsher penalties. WA police officers were the first in Australia to be granted access to priority testing for the virus, if exposed in the workplace. The Union successfully lobbied the State Government to expand the Assault Public Officer legislation to capture those vile individuals who claim they are infected with COVID-19 and threaten, deliberately spit, cough, sneeze or wipe bodily fluids on emergency services workers during this crisis. Again, Members were the first in Australia to be granted this additional legislation.

Changes to Medical Retirement Process The WA Police Union lobbied for changes to Section 8 of the Police Act which were read into State Parliament in 2019. The amendments will give future medically retired officers a way to leave the WA Police Force with dignity. The change to Section 8 will give some comfort to any future medically retired officers as it will allow them the leave the WA Police Force under separate mechanisms than officers who have lost the confidence of the Commissioner.

Changes were also made to the mandatory testing for infectious diseases provisions to allow for the testing of offenders who potentially exposed police to diseases such as COVID-19. Previously, the testing only covered blood borne diseases. The protections were not just limited to officers. The families of police benefitted with free flu vaccines for all police officers, police auxiliary officers and families residing with those officers this year. The WA Police Force also funded accommodation for Members exposed to the virus to avoid risk of spread to families and provided alternative work arrangements for workers and their families who have medical conditions which made them more susceptible to the virus.

Support for Redress Scheme Following the introduction of the Police Redress Scheme, WAPU provided support to Members to access the scheme. Following the allocation of funds from the scheme, the Union has been assisting aggrieved Members with appeals and preparing ex-gratia applications. It is anticipated that the exgratia applications will be submitted to the Attorney-General in the near future. ▷

The Union’s major concern as soon as the COVID-19 pandemic worsened was the occupational safety and health of Members. It attained some very valuable conditions to help protect Members as well as their families. 01 Premier Mark McGowan announced the long-awaited Police Compensation Scheme at the 2020 Annual Conference. 02 Former Minister for Police Michelle Roberts and Dave Bentley after changes to medical retirements went through Parliament.

POLICE NEWS JUNE 2021

03 Inaugural WAPU Annual Retirement Dinner. 04 WAPU supports Members with a range of matters such as legal, industrial and welfare. 05 Pool facility at the Busselton holiday homes.

Salary Continuance Insurance

Introduction of Annual Retirement Dinner

WAPU lobbied GSEB to make important changes to improve the insurance offered to its GESB Super and West State Super members. The Salary Continuance Insurance (SCI) was not meeting the needs of Members. This was owing to the commencement of the two-year maximum benefit period commencing on the date of injury, rather than when Members lose the income, they might otherwise expect to receive from the WA Police Force. From 1 October 2019, the changes specifically impacting WA police officers who hold Salary Continuance Insurance (SCI) through GESB Super or West State Super changed to: • WA police officers who are medically retired under section 33ZE of the Police Act 1892 (WA) prior to age 65, on or after 1 October 2019, may be eligible for a monthly SCI payment for up to two years from the date of medical retirement. • Police officers can apply to increase their SCI cover from $4,200 to $10,000 a month, subject to underwriting and applicable premium loadings.

In 2019, the Board decided that the Union needed to better recognise its Retired Members. This year, WAPU hosted the first Annual Retirement Dinner and recognised retired police officers who completed their service with the WA Police Force during the 2018, 2019 and 2020 calendar years. It is the Board’s hope this event will continue each and every year and future events will allow for more family and loved ones to attend with the retiring officer because the Union does understand the sacrifices families make while Members go off to work each day.

WAPU’s Legal Team provides a high quality service for Members who need legal representation or advice on matters such as disciplinary action, managerial initiated action, investigations, criminal injuries, personal injuries and medical retirement. 20 POLICE NEWS JUNE 2021

Upgrades to the Holiday Homes portfolio The term has seen significant changes and investment into the Holiday Homes portfolio. The Board sold the two existing properties in Kalbarri and purchased and refurbished an additional unit in Busselton. Full renovations were also undertaken at Esperance and Exmouth, bringing both those properties up to the standards of the other homes. WAPU offers its Members the exclusive use of 10 Holiday Homes over seven fantastic locations and represents some of the best and most affordable vacation housing available in the State.

04 05

Legal Assistance WAPU’s Legal Team provides a high quality service for Members who need legal representation or advice on matters such as disciplinary action, managerial initiated action, investigations, criminal injuries, personal injuries and medical retirement. Members are first required to apply for assistance by contacting WAPU HQ. Members are also entitled to a free Simple Will Kit and discounted legal services at Tindall Gask Bentley Lawyers.

WAPU provides a 24/7 contact for Members and is primarily used for critical incidents that result in death or serious injury to police or members of the public.

Industrial Services WAPU is the sole negotiator to collectively bargain on behalf of Members in the development of a replacement Agreement that reflects Members’ contemporary values and conditions. Officers who are not financial Members of WAPU have no direct avenue or access to individually bargain or negotiate with WA Police and Government in relation to salary and conditions. WAPU’s Industrial and Field Teams are also able to assist individual Members with advice in relation to entitlements and workplace issues.

Holiday Homes WAPU has a number of holiday homes around the State that Members can rent at heavily discounted rates. Members can view and book one of our holiday homes by visiting www.wapu.org.au and logging into the Members’ area.

Discount and Offers WAPU endeavours to provide added value to Members by negotiating a range of discounts and special offers. These discounts are on a range of goods and services and new offers are added throughout the year. In addition to these offers, all WAPU Members are automatically provided membership to the discount buying service, Shoprite.

24/7 Emergency Director WAPU provides a 24/7 contact for Members and is primarily used for critical incidents that result in death or serious injury to police or members of the public. The Emergency Director organises appropriate assistance for the Members, whether it be legal advice, welfare or any other type of support. The Emergency Director can be contacted on 0438 080 930

■

21 POLICE NEWS JUNE 2021

PAUL HUNT

Secretary WA Police Union

Rest Day interpretation frustration THE PRACTICAL IMPLEMENTATION OF THE NEW REST DAYS, delivered via arbitration in the WA Industrial Relations Commission, has caused great angst amongst Members.

This is a gross disadvantage that arises from a WA Police Force interpretation and cannot, we submit, have been intended by the Senior Commissioner.

22 POLICE NEWS JUNE 2021

Since the handing down of the decision, WAPU has been engaging with the WA Police Force Employee Relations Division (ERD) to ensure Members can access the new provision. However, the ERD’s rigid interpretation has not taken into account the extenuating circumstances which are currently in play. The Union has identified three key issues: • COVID-19 response; • Leave Clearance over the New Year; and • Additional Leave for the North West which are currently precluding a number of our Members from accessing the two new Rest Days. It is the Union’s view that given the ongoing COVID-19 response and hard work and dedication of police officers, there needs to be some discretion applied this year so Members can access the new provision, as per the Senior Commissioner’s intent. Notwithstanding, the relevance of annual leave balances on 31 December was not known at the time, and we believe it is grossly unfair to those Members that they are ineligible for Rest Days because of leave cancelations and the practice of recording/booking leave which are beyond their control. It is well understood that many Members have had their annual leave cancelled, postponed or interrupted because of the pandemic response. It is those Members who had an annual leave balance greater than 240 hours on 31 December 2020, a balance they could not address because of the directions and their commitment to serve the community, who we believe must be able to access the two new Rest Days. The Union is also aware of the very restrictive access to annual leave for Members attached to Operation Tide, an instruction in place due to the consequences of being recalled from leave to attend frequent programmed COVID-19 testing. Those recalls from leave compound the leave period, hampering our Members’ intent to reduce their annual leave balances. The Union is aware of a number of Members who accessed planned annual leave over December and January however,

due to the practice of how leave is entered into WA Police Force systems their annual leave balance remained just above 240 hours at 31 December 2020. We have identified a number of cases where Members were taking 40 hours of leave over the last week of 2020 and due to 31 December falling on a Thursday, their annual leave balance remained just over 240 hours on 31 December 2020 but was reduced under 240 hours in the day or days after. These Members were not subject to a leave clearance plan because of the small leave balance above 240 hours on 31 December, nor were they classed as having an excess leave balance by virtue of that small leave balance. As discussed above, it is the existence of an “excess” leave balance and associated leave clearance plan that is indicative of leave accumulation as opposed to leave use which concerned the Senior Commissioner. We consider it a fair and reasonable approach for Members who were on a period of leave on 31 December to have their total leave period deducted from the 31 December balance for the purposes of establishing the Rest Day entitlement. Clause 30(1)(a)(ii) of the Agreement grants an additional 40 hours of leave to officers for each year of service in the North West, a total of 280 hours annual leave each year. An annual leave balance of 280 hours on 31 December for those officers does not reflect an “excess” leave liability, it is simply their yearly annual leave balance. They are not subject to a leave clearance plan because of those additional 40 hours granted as an entitlement. The current rigid interpretation by ERD is that the additional 40 hours places the affected officers above the 240-hour threshold and they are therefore ineligible for the Rest Days. In effect, this interpretation would require Members to take their full entitlement of 280 hours PLUS a further 40 hours of their pro-rata leave, a total of eight weeks, each year to be eligible for the two Rest Days. This is a gross disadvantage that arises from a WA Police Force interpretation and cannot, we submit, have been intended by the Senior Commissioner. In April, we wrote to the Commissioner of Police seeking his intervention.

INDUSTRIAL REPORT

We believe that the discretion should have been exercised to ensure Members were not disadvantaged because of their compliance with the directions to cancel leave, their use of leave that spans 31 December each year, or because of their service in the North West.

We strongly suggested that the Commissioner had the discretion on how the annual leave balances are calculated and interpreted for the purpose of eligibility to these new Rest Days. We believe that the discretion should have been exercised to ensure Members were not disadvantaged because of their compliance with the directions to cancel leave, their use of leave that spans 31 December each year, or because of their service in the North West. Disappointingly, in a response from the Director of Human Resources, the Commissioner was not prepared to use his discretion and the rigid interpretation would continue to be applied.

At the time of writing this report, we were continuing to engage with ERD to seek a negotiated outcome however, if we cannot get a positive result for Members from those negotiations, we will be forced to head to the WAIRC and get a ruling from the Senior Commissioner. It is our very strong view that given the extraordinary circumstances and events of 2020 combined with the unknown relevance of 31 December leave totals, that as a once off, police officers should be granted the two Rest Days they were provided by the WAIRC as a token of appreciation for the hard work and dedication to the State of Western Australia throughout the pandemic. Watch this space.

* WAPU SCHOOL HOLIDAY BALLOT APPLICATION APPLICATIONS WILL ONLY BE ACCEPTED ON THIS FORM, It can be emailed or posted to the Union office. Complete and return by Friday 16 July 2021 to: WA Police Union 639 Murray Street, West Perth WA 6005 Email: admin@wapu.org.au Results to be advised by Friday, 23 July 2021

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 09.04.22 – 16.04.22

APRIL 2022

WEEK 2 16.04.22 – 23.04.22

EITHER WEEK

ALBANY

Name (Please Print):

BUSSELTON VILLA 4

PD No:

BUSSELTON VILLA 11

Address (Home):

BUSSELTON VILLA 15 Post Code: Work (Unit/Section):

BUSSELTON VILLA 23 ESPERANCE EXMOUTH

Email (Home): Phone no. (Work): (Mobile):

PORT DENISON YALLINGUP

POLICE NEWS JUNE 2021

WAPU honours retired police officers

BY STEVEN GLOVER

24 POLICE NEWS JUNE 2021

“The feeling in the room on the evening was very special and you could sense the comradery and mateship as people caught up and reminisced.”

More than 230 people attended the inaugural WA Police Union Annual Retirement Dinner to celebrate the careers of 102 retired police officers. The inaugural dinner involved Members who retired as part of the 2018 severance program and the 2019 and 2020 calendar years. In the room, there was a combined 3,502 years of service and membership to the WA Police Union and the WA Police Force with an average service of 34 years per officer. The dinner came out of a Board discussion of the need to better recognise retiring Members. Acting President Mick Kelly said he hoped the dinner would grow in significance in the coming years. “While the crowd for the inaugural dinner was very large, we hope future events will allow for more family and loved ones to attend with the retiring officers because we do understand the sacrifices our families make while we go off to work each day,” Mr Kelly said. “The feeling in the room on the evening was very special

and you could sense the comradery and mateship as people caught up and reminisced.” Mr Kelly said he was honoured to have the chance to recognise these Members on stage. “We, at the WA Police Union, have been proud to stand alongside them throughout their policing careers and the dinner was the perfect opportunity to thank them for the opportunity to represent, protect and support them over that time. “We also acknowledged their loyal service to the people of Western Australia. Their contribution to our community’s safety will always be remembered.” Mr Kelly said feedback from the Retired Members was extremely positive and work was underway for the 2022 retirement dinner, where the contributions of those who retired in 2021 would be acknowledged. ▷

25 POLICE NEWS JUNE 2021

Thank you for your service

Sergeant Steven BORDAS 6040 • 41 years

Sergeant Stephen EVANS 6104 • 39 years

Sergeant John KEENE 6043 • 39 years

Sergeant Brian McCORMACK 6166 • 38 years

Sen.Sergeant Russell GARDINER 4933 • 45 years

Sergeant Johnie HART 5476 • 42 years

Sergeant Rodney BIRCH 5668 • 41 years

Sergeant Nigel FIANDER 5888 • 42 years

Inspector Raymond BRIGGS 5987 • 41 years

Sergeant Ian FLOWER 6044 • 39 years

Sergeant Michael WELLSTEAD 6183 • 39 years

Sergeant Stephen LUPLAU 4939 • 45 years

Sen.Constable Philip ARNTZEN 5525 • 42 years

Sergeant Mark HILLIER 5699 • 41 years

Sen.Constable Gerald DAAMS 5902 • 40 years

Sen.Constable Lawrence GREEN 5989 • 39 years

Det. Sergeant Stephen DA RE 6055 • 39 years

Det. Sergeant James CROZIER 6220 • 40 years

Sergeant Robert RUNDLE 5139 • 44 years

Sen.Constable Robert WOOD 5561 • 42 years

Sen.Constable Andrew PRING 5701 • 41 years

Det. Sergeant John LEONHARDT 5905 • 40 years

Sen.Sergeant Glen POTTER 5990 • 41 years

Sen.Sergeant Gregory SAVAGE 6057 • 39 years

Sergeant Shane PULLAN 6239 • 38 years

1/C Sergeant Leslie HORROCKS 5162 • 44 years

Sen.Constable Richard O’NEILL 5573 • 42 years

Sergeant James HOFSTEE 5727 • 41 years

Sergeant Peter BAHEN 5913 • 40 years

Sen.Constable Michelle EATON 6010 • 39 years

Sergeant Rick GOODFIELD 6065 • 44 years

Sen.Constable Joneen IVEY 6246 • 38 years

Sergeant Edward GWILLIAM 5274 • 43 years

Inspector Garry KOSOVICH 5579 • 43 years

Sergeant Neil REGAN 5878 • 40 years

Det. Sergeant Ronald FYNEMAN 5962 • 40 years

Sergeant Peter WHITNEY 6026 • 39 years

Det. Sergeant Craig KEALS 6090 • 39 years

Sergeant Barry FEASEY 6328 • 37 years

Det. Sergeant William MANSAS 5463 • 42 years 26

Sergeant Merryn BOJCUN 5612 • 41 years

Det. Sergeant Terence RAKICH 5880 • 40 years

Sen.Constable Eric LYON 5965 • 40 years

Sergeant Raymond WHARTON 6039 • 39 years

Sergeant Ann WINTON 6095 • 39 years

Sergeant Ross MATTHIESSEN 6411 • 36 years

POLICE NEWS JUNE 2021

Sen.Sergeant Gregory BALFOUR 6412 • 36 years

Sergeant Vincenzo CURULLI 6553 • 36 years

Sen.Constable Damian SHERIDAN 6825 • 34 years

Sen.Constable Mark PARFREMENT 7235 • 33 years

Sergeant Alan BOX 7913 • 31 years

Sen.Constable Mark TAYLOR 8782 • 27 years

1/C Constable Ron BAYENS 10702 • 19 years

Sen.Constable John CARBERRY 6415 • 37 years

Det. S/Sergeant Ian THOMPSON 6556 • 36 years

Det. Sergeant Peter POTTHOFF 6891 • 36 years

Sergeant Jo-Anne ZILKO 7333 • 33 years

Sen.Constable Warren MUNNS 7917 • 30 years

Sen.Constable Bernard RYCHLIK 9499 • 23 years

Sen.Constable Anthony WALLACE 10769 • 19 years

EAD

Sergeant Carol VERNON 6428 • 36 years

Sergeant Stuart HALLIGAN 6560 • 36 years

Sergeant Trevor DOUGLAS 6898 • 34 years

Sen.Constable Gary McKAY 7359 • 33 years

Sen.Constable Terri LOBO 8317 • 29 years

Det. S/Const. Joanne PHILLIPS 9609 • 23 years

Sen.Constable Mark MORLEY 10791 • 20 years

Sen.Sergeant Dennis O’ROURKE 6455 • 36 years

D/Commissioner Stephen BROWN 6661 • 35 years

Sergeant Murray WEBSTER 6993 • 33 years

Sergeant Barry PHELPS 7519 • 32 years

Sen.Constable Lynette GILYEAD 8362 • 29 years

Sen.Constable Francis RYAN 9924 • 22 years

Sen.Constable Carol EATON 11181 • 16 years

Sergeant Ian GILYEAD 6470 • 36 years

Sen.Constable Adrian HISCOCK 6680 • 35 years

Sen.Constable Ross DURNIN 7007 • 34 years

Det. Sergeant Murray McKAY 7692 • 30 years

Sen.Constable Peter HUMPHREY 8595 • 28 years

Sen.Constable Peter MALINS 9935 • 22 years

Sen.Constable Pasco ANTONUCCI 11193 • 16 years

Sergeant Kevin JONES 6478 • 36 years

Det. Sergeant Stephen FRANCIS 6693 • 35 years

Sen.Constable Robert CLARKE 7050 • 33 years

Sen.Constable Lee RUDRUM 7750 • 31 years

Sen.Constable William ELLIOT 8632 • 24 years

Sen.Constable Carl COCI 10111 • 22 years

Sen.Constable Ian TARBETT 11294 • 16 years

Det. Sergeant Russell PHILLIPS 6483 • 36 years

Sergeant Sandra CHILDE 6789 • 35 years

Inspector Kerry FRENCH 7105 • 33 years

Sen.Constable Lionel WILLIAMS 7784 • 30 years

Sen.Constable Ral HERRING 8676 • 30 years

Sen.Constable Richard TURNER 10314 • 23 years

Sen.Constable Natasha PEAKE 11989 • 13 years

Sen.Constable Stephen HOBSON 6494 • 36 years

Sergeant Trevor CRUICKSHANK 6813 • 34 years

Sergeant Michael DALEY 7162 • 35 years

Sen.Constable Malcolm LEE 7890 • 30 years

Sen.Constable David SINCLAIR 8710 • 29 years

Sen.Constable Warren GREEN 10403 • 20 years

Sen.Constable Michelle GLOVER 12031 • 13 years 27

■

POLICE NEWS JUNE 2021

MICK KELLY

Acting President WA Police Union

Victorian cops now have the right to disconnect I WAS INTERESTED TO READ ONE OF THE OUTCOMES of the most recent Victoria Police enterprise bargaining agreement was the addition of Clause 59 - Right to Disconnect. The Police Association of Victoria (TPAV) put health and wellbeing as a major theme of its EBA19 and the Right to Disconnect was front and centre. Victorian police officers can now only be contacted outside of work hours for emergencies or welfare matters. Examples of an emergency include recalling a member for a bushfire, pandemic, terrorist attack or similar event. A genuine welfare matter will be dependent on some factors but calling someone involved in a critical incident the next day to see how they are going is within the guidelines while calling someone on sick leave for two days and saying: "How are you, and, by the way, where is that brief?" is not. TPAV Industrial Relations Assistant Manager Luke Oliver said their members were being contacted more than ever before outside of work hours. “They reported that many of the matters they were contacted about were trivial and could have waited until they were next on duty,” Mr Oliver said. “As our members saw it, management was taking advantage of the interconnected era we’re living in, but this

While it is a little disappointing that we need to go to this length to protect our rest time, I think that it is a sign of the times and … given the unique nature of police work, we need to protect our personal time as that allows us to step away from the job and spend time with our families and friends.

28 POLICE NEWS JUNE 2021

was having a detrimental impact on members’ ability to rest and recover from a demanding job like policing, and they were sick of feeling like they’re on duty 24/7.” The team at WAPU HQ have read this new clause with some interest and briefed the Board who determined it must be included in our latest log of claims for the replacement industrial agreement. The new clause certainly has merit and it is very applicable to WA police officers. All Members have a work-issue mobile device and many have decided to use this device as their personal phone as well. What this means is they are contactable 24/7 and that is where the new clause would assist our Members. One of the positive outcomes of the recent arbitration hearing was the acknowledgement by Senior Commissioner Kenner of the unique working environment of police officers and the associated rigours of policing. It is our view that police officers need to be allowed time away from the job to rest, refresh, recharge and ultimately disconnect. Whether that by weekly leave, annual leave, sick leave, rest days, our Members deserve to be left alone during that time. While it is a little disappointing that we need to go to this length to protect our rest time, I think that it is a sign of the times and the issue of contact outside of work hours is not just limited to policing. However, given the unique nature of police work, we need to protect our personal time as that allows us to step away from the job and spend time with our families and friends. What the Victorian clause does is stop their members from being unnecessarily contacted outside of work hours and it is legally enforceable. In an article with the Herald Sun, TPAV Secretary Wayne Gatt said police did a tough job and deserved a reprieve to switch off at the end of their shift.

FIELD REPORT

… the simplest way to protect your right to disconnect would be to not answer your phone to work calls outside work hours. By the way, this is something you can consider practicing with or without the new clause.

“The demands of policing on our members are stretching so far into their private lives that for many it is hard to discern when they are off duty and when they are on,” Mr Gatt said. “These days, it’s become normalised to pick up the phone, ask a general question, check on the status of a matter or to seek advice unnecessarily. It means our members never really leave their work. “If we want people to be on their game at work, we need to provide them time off from work too.” Mr Gatt said those who breached the agreement could be taken to the Fair Work Commission. “An enterprise agreement is very enforceable. Generally speaking it doesn’t need to come to that, and when we see situations where agreed objectives are not met we can all point to the negotiated agreement and hold each other accountable.” Hypothetically, imagine if this new clause is inserted into the next industrial agreement. I am sure many Members will ask: How would the clause operate in a practical sense? From our discussions with TPAV and looking at its advice to members, the simplest way to protect your right to disconnect

would be to not answer your phone to work calls outside work hours. By the way, this is something you can consider practicing with or without the new clause. If you were consistently receiving calls from the office outside work hours, discussing the issue with your supervisors would be the first step. The second step, or if you didn’t feel comfortable raising the matter with your supervisor, would be to contact your local Branch Official or WAPU HQ for assistance, which would hopefully resolve the matter at a local level. There is also the very real potential that if it is happening to one Member it could be happening to more. If handling the matter locally was unsuccessful, it may be necessary to keep a log noting the details of any calls you receive outside work hours. Establishing a pattern of unnecessary contact would be good evidence if the matter needed to be escalated further. But before we go down that path, we need to get it inserted in the next agreement, which we will be lobbying hard for. You can find our current log of claims in the Members Area of www.wapu.org.au.

EMERGENCY 24/7 DIRECTOR

0438 080 930 639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155 F: (08) 9321 2177

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

Mick Kelly

EMERGENCY DIRECTOR

WAPU POLICE NEWS JUNE 2021

Exmouth holiday home renovation complete BY STEVEN GLOVER

he most booked WA Police Union holiday home has undergone an extensive renovation, bringing it up to standard with the other homes in the portfolio. In February and March this year, builders converged on the Exmouth property to gut the inside of the building and turn the drab 1960s bunker in a modern holiday home. The property now has an ensuite bathroom off the master bedroom, remodeled kitchen and main bathroom and the laundry has been moved outside the main building. The home was also completely rewired to bring it up to safety standards. Vice President, and chair of the Holiday Homes Committee, Paul Gale said the Board had been considering renovations to the Exmouth property for some time. “The biggest issue we had with Exmouth was finding a block of time to do the renovations in as it runs at 96 per cent occupancy,” Mr Gale said. “In the end, we just had to bite the bullet because the home needed to be renovated. We have owned this property for some

time, undertaken no major works and its standard was falling well below our other properties and the expectation of Members.” Mr Gale said the new addition of the ensuite bathroom would be a major positive for Members. “We do get a lot of groups using this home so the extra bathroom will certainly make stays for groups more comfortable. “The end result is brilliant and I certainly hope that Members who use the property will agree.” Mr Gale encouraged Members who had not used the holiday homes to look at the properties on the Union’s website. “In the current climate, travelling around our State has never been more attractive and we have plenty of destinations and options available,” he said. “The demand for bookings had certainly increased since COVID-19 and my advice to Members is to book your trips early to avoid disappointment.” To view and book our Holiday Homes, visit wapu.org.au

“The demand for bookings had certainly increased since COVID-19 and my advice to Members is to book your trips early to avoid disappointment.”

03 02

05 04 06 07

01 Renovated kitchen. 02 Backyard patio. 03 Dining room. 04 Lounge room. 05 External view of the Exmouth Holiday Home. 06 New ensuite bathroom. 07 Renovated main bathroom. 08 Master bedroom.

08 POLICE NEWS JUNE 2021

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“I have enjoyed seven years of assisting employees and advising them of the benefits of salary packaging. Building relationships and working with individuals to understand their vehicle options is hugely rewarding. I look forward to the new connections formed within the WA Police Union,” he said. Kane has joined the team after seeking a new challenge following a role as a senior consultant with a salary packaging provider. During his previous contact with Fleet Network, Kane recognised the values displayed by the company and knew he aligned with the same high level of client care. Born and raised in WA, Kane is a family man – married with five children under the age of seven. As you can imagine, the Bowra family enjoys a busy and active lifestyle. They live south of the river, near the coast and join in on football and dance activities every week.

“My wife and I thrive in a busy, and sometimes crazy environment. I spend most of my free time with my kids, which I enjoy. We have a close network of friends and family nearby who provide support, but also enjoy meeting new families in the community,” he said. Kane’s role will see him working closely with clients, especially at their workplaces, to discuss the option of salary packaging vehicles with Fleet Network. Kane’s friendly demeanour and ‘client first’ approach will help anyone looking to purchase a vehicle through novating leasing feel at ease with the entire process. “I am looking forward to visiting WA Police Union Members in Perth and the broader WA region, to provide the highly personalised service and quick response times that Fleet Network is known for.”

IF YOU WOULD LIKE TO BOOK A WORKPLACE VISIT OR REQUIRE MORE INFORMATION …

… on Novated Leasing please get in contact with Kane via his mobile: 0401 522 626 email kaneb@fleetnetwork.com.au or you can call our team on 1300 738 601. Alternatively, you can visit www.fleetnetwork.com.au/wapu

32 POLICE NEWS JUNE 2021

GEMMA HAY

FINANCE

Area Manager Mobile Lending P&N Bank

Are you considering refinancing your home loan? REFINANCING YOUR HOME loan, or switching as it’s sometimes referred to, can save you thousands over the life of your loan.

Make sure you consider any upfront and ongoing costs associated with exiting your current home loan and switching to a new loan, such as the settlement, loan establishment, exit and mortgage registration fees and charges.

While finding a lower interest rate is the most common reason for making the home loan switch, refinancing is also a great option if you are looking to consolidate debt, access equity for renovations or buy another home. We have broken down the steps to find out whether refinancing could be the right choice for you and how to go about finding a new home loan.

STEP 1: WEIGH UP THE PROS AND CONS Before you refinance, it pays to do your research. Weigh up the savings you will make over the life of your loan versus the cost of switching. Make sure you consider any upfront and ongoing costs associated with exiting your current home loan and switching to a new loan, such as the settlement, loan establishment, exit and mortgage registration fees and charges. Also consider the flexibility of repayments, whether you will need Lenders’ Mortgage Insurance (LMI), how long you will need the loan for and whether you are protected against sudden rate rises. Even though you may decide not to go ahead with refinancing, taking the time to regularly review your loans to make sure you are getting a good deal is an important part of keeping on top of your finances.

STEP 2: DETERMINE WHY YOU WANT TO REFINANCE There are a number of reasons you might look to refinance, such as: • The flexibility to increase or decrease your repayments • Your fixed term rate is about to end • Your circumstances have changed • To lock in a low interest rate • To consolidate your debts • Tapping into the equity in your home to do renovations or buy an investment property. Knowing why you want to refinance will help you or your mortgage broker figure out which product and lender is right for you.

STEP 3: COMPARE HOME LOANS The next step in your refinancing journey is to compare home loans to find the product that’s right for you. A few things to consider are: • Do you need flexibility in your loan? This may impact whether you choose a variable or fixed rate product, or a split loan that has both. • Are you looking for a credit card? Some home loan products come with a credit card, but you’ll need to make sure it meets your needs.

• Do you require an offset account? Not all products come with an offset account and you can be charged fees if you do decide to go with this product. If you’re not going to be maintaining a large balance in an offset account, you can sometimes benefit with going for a basic home loan that has no frills but offers a lower interest rate. We can help you with all these options and more, so if you need advice or have questions get in touch.

STEP 4: MAKE THE SWITCH Now that the hard work is done, it’s time to make the switch by contacting your preferred lender or broker. If it’s P&N Bank, we can come to your home or office and walk you through the details of your home loan selections to ensure you fully understand the potential benefits of each loan and any costs. Or you can drop into a branch. Once your application is approved, we’ll pay off your previous home loan and your new one will begin. Want to k n ow m o r e ab out refinancing your loan? Our dedicated WA Police Force Employee Home Loan Relationship Managers Ross Inglis (south) and Jessica Nguyen (north) continue to be available seven days a week to help you.

VISIT P&N BANK’S POLICE WEBPAGE … … for contact details or for more information on the special Banking Package available to you. www.pnbank.com.au/campaign/supporting-wa-police 33 POLICE NEWS JUNE 2021

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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.

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LEGAL

Partner Tindall Gask Bentley Lawyers

What is malice, legally speaking? LAWYERS LOVE SPEAKING in code. It’s drilled into us at Law School, and we graduate thinking differently about everyday words and what they actually mean. The legal system is peppered with words that either aren’t used in everyday speech, or are commonly used but mean something different in the law.

I’m reminded of a client I had years ago that was charged with an assault “in circumstances of aggravation” because a child was present at the time. There was never a doubt my client was going to plead guilty to the offence, but when I discussed the charge with him, he looked at me puzzled and said: “I wasn’t aggravated at all, it was the other guy carrying on before I hit him to shut him up”. Whether I smirked or not is a detail I’ll leave to be lost to history, but the exchange made me realise that I was using a term that I had wrongly assumed was being understood in the context it was used in. Working as a police union lawyer, the word “malice” continually comes up. The effect is often the difference between a crime of official corruption verses a disciplinary breach of policy, or the difference between no civil liability on the part of a police officer

What assists us in defending Members accused of malicious acts are often things like Body Worn Camera footage, good records and notes, a working understanding of the powers being exercised at the relevant time, and justification for the exercise of those powers in any given case.

versus potential concurrent liability with the State or even individual liability on the police officer’s part. It’s also rife in Defamation law where, for example, a report made to police about an alleged crime is only defamatory if the report is false and made with malice. In the case of Cunningham v Traynor [2016] WADC 168, WA District Court Judge Davis discussed the concept of “malice” in the context of the tort of malicious prosecution and said: In relation to the element of malice… the plaintiff must establish that the sole or dominant purpose of the defendant was an improper purpose, ie a purpose other than the proper invocation of the criminal law. Examples of improper purposes include spite or ill will, to punish the accused, and to stop a civil action brought by the accused against the prosecutor. However it is not possible to identify exhaustively when the processes of the criminal law may be improperly invoked. Later in the judgment, Her Honour discussed malice in relation to the tort of battery, i.e. a civil assault, and found that malice might be proved by proof of “anger and spite” and “pique and ill will”. There is overlap between what most people would assume malice is, i.e. something motivated by spite or illwill, and the wider concept of malice in the law. Cases other than Cunningham explain that malice can be proved by showing a public officer knew they didn’t have the legal authority to do something causing damage and did so anyway.

Policing inherently involve s doing things that aggravates people. Depriving people of their liberty, or moving people on from places of entertainment, or putting them before Courts to be tried for alleged crimes understandably upsets people. Criminal and civil law has little criticism of police officers when they do these things according to the powers and duties and functions of police officers vested in them by law. Problems start to arise when Courts find that the thing or things were done unlawfully and were motivated by something other than the proper invocation of the law. Malice will continue to come up in the work us police union lawyers do. What assists us in defending Members accused of malicious acts are often things like Body Worn Camera footage, good records and notes, a working understanding of the powers being exercised at the relevant time, and justification for the exercise of those powers in any given case. That’s true even if the Member happens to be incorrect about the law or the basis of the power at the time. Given the “good faith” civil liability protection in section 137 of the Police Act 1892, Members are entitled to make errors and mistakes; we’re all human. The risk to the Member increases when if the act was done with malice, understood in the legal sense.

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JADE LAY

HEALTH

Sergeant WA Police Force

I’m never leaving Police Health I DIED FOR 15 MINUTES. When I woke up in hospital from an induced coma, I had lost 20 years of memory. I was asking for people no one knew. My wife and two sons, who were 10 and 7 at the time, were sitting at the end of my bed and I didn’t know who they were. I also didn’t remember I had bowel cancer.

My wife’s family was exposed to the public system recently and we saw the stark difference. It’s not always easy to see the need for private health until someone close to you goes through a life threatening and lifechanging experience.

36 POLICE NEWS JUNE 2021

I asked, so we’re married? And she said, ‘yes.’ And those are our kids? she said ‘yes.’ Naturally I said, ‘Well, I did pretty well for myself, didn’t I?’ While this made them laugh, many of the jokes I made hurt people’s feelings, as my humour and mindset were from a different time period. Over time, I began to remember things. It’s funny how the brain works. I remembered feeling very tired as I was riding home from work on my bike, that was my last memory before the incident. I remembered I could grow a beard. And I remembered the love I had for my wife, so I asked her to marry me a second time. But there was secondary grieving too, having to process the losses of my loved ones again. Some returned memories weren’t the ones I wanted. The cancer and chemotherapy were quite easy, but the memory loss I struggled with. The doctors told me I’d suffered a heart attack after an allergic reaction to the chemotherapy drug, affecting the electrical signals from my brain to my heart. So, within the space of six months, I had been diagnosed with bowel cancer, lost 20 years of memory, and had my colon removed. Now I need to wear a colostomy bag for the rest of my life. In this line of work, it’s hard not to get jaded. I was a regular, healthy, fit 37-year-old with no prior health issues. I never smoked, hardly drank, and I exercised every day. I definitely had all the ‘why me’ emotions to deal with. Working as a detective in antichild exploitation, I’d seen a lot of bad people who ‘deserved’ it more, although you can’t stay in this headspace. It’ll ruin you.

After coming to Australia at 17 years old from New Zealand, with nothing but a backpack and $200, I viewed this as yet another challenge to overcome, to buckle up and do something about. Detectives are intrinsically driven people. We’re motivated to catch the bad guys but after my memory loss, I started to see things in a different light. My work was not who I am, it’s what I do. Most of my memory came back within six weeks, but I still struggle from time to time. I’m just so grateful for the care I’ve received. Thanks to both Police Health and the WA Police Force, I didn’t wake up to debilitating medical bills. The wait for radiotherapy and chemotherapy in the public system is six weeks. Through Police Health, I received my treatment within 24 hours. My wife’s family was exposed to the public system recently and we saw the stark difference. It’s not always easy to see the need for private health

until someone close to you goes through a life threatening and life-changing experience. Let me be that person for everyone else. With two active boys who regularly need new mouthguards, orthodontic, physiotherapy and other health services, we need this generous level of coverage. I have seen a lot, as a parent, detective, and sergeant. I know anything can happen. There’s not much you don’t see as a police officer. Wor king in child protec tion investigations is extremely rewarding. The work is usually black and white; you don’t hurt kids. If we can intercept the situation before the kids get hurt, then they get to avoid trauma that otherwise completely changes the trajectory of their lives. It’s fascinating work and being in the force is the best job I’ve ever had. I’m never leaving Police Health.

RETIREMENTS & RESIGNATIONS

VALE

RETIRING MEMBERS 6675 Ian CLARKE 7018 Barry SMITH 7364 Nilo NICOLAO 8104 Paul BEVERIDGE 8156 Richard HOOPER

RETIRED cont. 3395 Inspector BARRY MAX CULLEN Aged 82 16/04/2021

2675 Superintendent JOHN LEONARD FANDERLINDEN Aged 94 18/05/2021

2695 Chief Inspector DON THOMAS LYSLE Aged 90 26/03/2021

3143 Sergeant JOHN BRIAN KERMODE Aged 86 22/04/2021

4378 1/C Sergeant GLEN KENNETH MOORE Aged 74 10/03/2021

11369 Grant PILGRIM 13115 Clive McINTOSH 99919 Darren HOLGATE 99977 Deidre TAPSELL

RESIGNING MEMBERS 7623 Belinda SAYER 9106 Patrick MOODY 10865 Steven TAYLOR 11514 Joel HARBY 11681 Paul DINNEEN 12705 Rebecca WOODS 12880 John MORRISON 13451 Brendan RYAN 13805 Kenneth BROWN 13983 Sarah-Jane JACQUES 14097 Aimee EGAN-REID 14215 Colin WHITE 14451 Scott DODSON 14460 Wendy PEASE 14652 Jonathan CHEETHAM 14724 Dale WHITE

RETIRED 3325 Inspector MALCOLM AUSTIN COLE Aged 87 20/05/2021

14784 Daniel GRACE 14939 Jade SHEPLEY 15161 Ian KNAPGATE 15166 Lee COWELL 15183 Justin WILLIAMS-JONE 15644 David O'ROURKE 16580 Jacob COLLARD 16804 Breandan MURPHY 17125 Jayne VERTH 17146 Felicity STARCEVICH 17184 Raja TARAWNEH 17209 Joshua CRASKE 17233 Muhammed ISMAIL 17387 Simon MARSHALL 17536 Denise MALMBERG 52888 Daniel CARRINGTON

EMERGENCY 24/7 DIRECTOR 0438 080 930

2845 Superintendent LESLIE ERNEST KIRCHNER Aged 88 20/04/2021

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

Mick Kelly

EMERGENCY DIRECTOR

WAPU

wapu.org.au admin@wapu.org.au POLICE NEWS JUNE 2021

NEW MEMBERS

GOLD AND BLUE TO JOIN THE RANKS Earlier this month, the WA Police Union welcomed 59 new Members as Gold Squad 10/2020 and Blue Squad 11/2020 graduated from the WA Police Academy after 28 weeks of intensive training. At 19 years old, Larissa Newington is one of the youngest recruits and the third generation from her family to join the WA Police Force as a police officer. She follows in the footsteps of her father, Detective Sergeant Troy Newington and grandfather, retired First Class Sergeant Colin Newington. Commissioner of Police Chris Dawson also presented several officers with their Commissions at the graduation ceremony. WAPU would like to congratulate Assistant Commissioner Darryl Gaunt APM, Assistant Commissioner Paul Dallimore APM, Commander Noreen O’Rourke APM, Commander Darren Seivwright and Commander Brad Sorrell APM on their recent promotions.

38 POLICE NEWS JUNE 2021

39 POLICE NEWS JUNE 2021

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Police Health Limited ABN 86 135 221 519 A restricted access not-for-profit Private Health Insurer © 04/05/2021 * These Extras premium and benefit illustrations have been calculated from the government’s Private Health Information Statements based on a family policy in Western Australia, with no Australian Government Rebate on private health insurance and no Lifetime Health Cover Loading or other applicable discounts. Benefits are based on a selection of services, so comparisons may vary with other funds, other items and preferred provider arrangements. The government’s Private Health Information Statements can be found at www.privatehealth.gov.au. Effective date 1 April 2021.

WAPU Police News June 2021

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