MARCH 2020 Matt’s road to recovery
Matt was nearly paralysed and now he is going to complete the 2020 Ride Alongside.
WA police officers help in fire crisis
A group of WA police officers swapped their blue uniform for their greens when the fires swept through the eastern states.
On the beat
After seven years, Ian’s time as the OIC of the WA Police Pipe Band has come to an end.
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MAR 2020
POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION
CONTENTS
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Fitness the key on the road to recovery Matt Whelan was nearly paralysed and now he is going to complete the 2020 Ride Alongside.
15
WA police officers travel to help fire crisis Some of WA’s police officers were among many of the heroes that were deployed to assist emergency services in the fire-ravaged states.
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Marching to the beat When Sergeant Ian Stewart got injured on the job, he never expected to become officer in charge of the WA Police Pipe Band.
4 POLICE NEWS MARCH 2020
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New Busselton unit ready to book
The latest addition to the suite of WA Police Union Holiday Homes.
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WAPU welcomes the first Members of 2020 Four squads have joined the Blue Family so far this year, with graduations in January and February.
06 WAPU DIRECTORS AND STAFF 08 P RESIDENT’S REPORT 20 INDUSTRIAL LIFT OUT 22 FIELD REPORT 30 M EMBER BENEFITS 31 H EALTH 33 LEGAL 35 M OTORING 37 RETIREMENTS, RESIGNATIONS AND VALE 38 FROM THE ARCHIVES
WA
POLICE UNION
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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 Bevan Roe (right) with wife Rosie and twin brother Curtis. Photo: Jody D'Arcy. ABOVE WA Police Pipe Band OIC, Sergeant Ian Stewart. Photo: Ryan Barnes.
WA
POLICE UNION
Board of Directors 24/7 EMERGENCY DIRECTOR
HARRY ARNOTT President 0407 989 008
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PAUL HUNT Secretary 6 POLICE NEWS MARCH 2020
CHRIS VITLER Finance Manager
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BRANCH PRESIDENTS Academy Mark Gannaway Air Wing John Gobbels Armadale-Gosnells Phil Meatyard Avon Dave Flaherty Bunbury Australind Gareth Reed Cannington Rod Moore Central Great Roy George Southern Central Midlands Mike Daley Central West Coast Brett Cassidy Commissioned Greg Knott Officers East Kimberley Stuart Lapsley Eastern Goldfields Peter Henry Eastern Wheatbelt Michael Paterson Fortescue Russell Evans Fremantle Rachel Rawlins Gascoyne Anntoinette Cashmore Geraldton Tim Saxon Great Southern Danny Richmond Intelligence Services Contact WAPU HQ Joondalup Ben Giff Leeuwin Naturaliste Brad Walder Licencing Graeme Porteous Enforcement (Vice President) Lower South West Darren Gill (Vice President) Major Crime Greg Hart Mandurah Harry Russell Maylands Complex Scott Sulley MFPF Peter Potthoff Midland Aaron Cleaver Midland Workshops Jeanette Maddison Mirrabooka Todd Robinson Murchison Jake Hendry North Eastern Matt Parsonson Goldfields North Pilbara Liam Mallinson (Secretary) Northern ROG Cris Marzo Perth Adam Simmons Perth Watch House Gemma Priest Professional Ian Moore Standards Prosecuting Branch Jason Duncan Protective Service Wade Van Luyn Office Rockingham Kwinana Richard Wells Serious & Peter Birch Organised Crime Sex Crimes Cliff Daurat South East Eyre Simone Taplin South West Matt Fogarty Hinterland Southern ROG Mark Crossley State Intelligence David Taylor State Traffic Paul Gale Operations Traffic Enforcement Chris Patten Group North Traffic Enforcement Steve Kent Group South Upper Great Dorry Grzinic Southern WAPU Now Debra Hutchinson Water Police Adam McGregor West Kimberley Dave Groenenberg West Pilbara Neil Vanderplank
7 POLICE NEWS MARCH 2020
HARRY ARNOTT President
Fifth and final offer rejected by Members THE MEMBERS HAVE SPOKEN and they have rejected the McGowan Government’s fifth and final offer to replace the industrial agreement. The offer was presented to the 6357 eligible Members and only 39 per cent supported the proposed replacement agreement. Members have given us a mandate. They have made it very clear that they will not accept wages policy. Our Members don't trust the McGowan Government not to change the state wages policy and they believe the $1,000 is simply disrespectful. This entire negotiation process has been infuriating for our Members. We engaged Government in February 2019 in order to reach an early outcome. The McGowan Government has provided disrespectful offers which have caused lengthy delays and frustrated the process. Whilst we are committed to a negotiated outcome, it is very clear the intransigent stance of the McGowan Government will likely force us into the WA Industrial Relations Commission. We are already doing more with less than any other public sector group. We work longer hours, face more adversity and have less down time than any other public sector group.
Whilst we are committed to a negotiated outcome, it is very clear the intransigent stance of the McGowan Government will likely force us into the WA Industrial Relations Commission.
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Due to many environmental factors, the job has become significantly more difficult and challenging. None of these factors seem to be accepted or appreciated by the McGowan Government. If Mr McGowan can’t look after his police force – he can look after himself. We will continue to talk to other public sector unions and we will openly support other unions whose members will not accept wages policy. At our March Board Meeting, Mark Ritter SC, WAPU’s Industrial Barrister, briefed the Board in relation to our next steps. Last year, we produced a short video with Mr Ritter where he explains what arbitration is. We have transcribed this interview so that Members can read his answers to some frequently asked questions. The interview is on page 10.
MEMBER CHARGED WITH MURDER Without understating it, the events of Thursday, February 20, 2020 have caused significant distress. Members across the State need to be assured that the WA Police Union is supporting our Member and he has the best possible legal representation. Since the arrest, our focus has been on the welfare for the Member and his family as well as the broader membership. We have strategically made minimal comments in the media. We are acting on professional legal advice from our senior barrister Linda Black. Ms Black has instructed that any media comments, industrial action or adverse action may have potential significant negative impacts on our Member's legal proceedings going forward. At the moment, Ms Black's advice is that the only forum to challenge this matter is in the courts and it is important we maintain a united stance and ensure we look after our Member.
PRESIDENT'S REPORT
Now more than ever, we need to remember our motto: Strength in Unity. We need to stand together and support each other.
Securing Ms Black is a major positive for the Union and our Member. She is extremely experienced and well regarded and all Members should have the upmost faith in her ability to defend this charge. Senior Vice President Mick Kelly and I travelled to Geraldton in the week after the arrest and checked in on our Member and his colleagues. Our Member is overwhelmed by the show of support from the membership. The Member has expressly asked us to pass on his appreciation to all those that have offered assistance. Whilst everyone is frustrated there is little anyone can do until we receive further advice from legal counsel. We will wrap our arms around all Members in Geraldton and ensure they have access to appropriate support services. Now more than ever, we need to remember our motto: Strength in Unity. We need to stand together and support each other.
This matter has tied up the lives of more than a dozen people for a year and it never should have reached the courts.
FREY MATTER IN BROOME Senior Vice President Kelly and I travelled to Broome to support our Member Christine Frey during her trial last month. Linda Black did a superb job defending our Member and having her found not guilty of distributing an intimate image without consent. This matter has tied up the lives of more than a dozen people for a year and it never should have reached the courts. The Police Force Regulations have measures to deal with misdemeanours however, it seems that the advice of the State Solicitor's Office is always to go for the jugular. It is our opinion that the State Solicitor's Office seems to have a much lower threshold of evidence when a police officer is involved.
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PRESIDENT'S REPORT CONT.
The WA Police Union, with the assistance of Senior Counsel Mark Ritter, has explained the arbitration process answering some frequently asked questions.
WHAT IS ARBITRATION?
WHAT ARE THE RISKS?
An arbitration in this context means a decision to be made by an independent body about what the fair and reasonable terms of the next industrial agreement are going to be. Arbitration is conducted by the Western Australian Industrial Relations Commission and the parties to the arbitration are the WA Police Union representing the police officers and the Police Commissioner as the employer. The parties get the opportunity to present evidence and submissions to the industrial commission and then have a hearing. The industrial commission will hear the evidence and submissions and make its decision about what the next agreement is going to be.
I think the main risk in any arbitration is that you don’t get the decision that you set out to achieve. The other risk involved is the fact that it is a long process and can be a costly process.
CAN WE STOP THE ARBITRATION PROCESS ONCE IT HAS STARTED?
The short answer to that is no unless it’s agreed between the parties. The one thing that the Union could argue for in the arbitration is that any pay rise in effect be back paid.
The WA Police Union can generally discontinue the arbitration process once it has begun. The parties can continue to negotiate about the terms of an agreement and the offers and counter offers can continue to be made by both parties and accepted. The time of no return, is once the industrial commission has made its decision. Once it has made its decision then that’s binding on both of the parties about the agreement moving forward.
CAN WE LOSE CURRENT INDUSTRIAL ENTITLEMENTS AT ARBITRATION? In theory I think that’s possible, but as a matter of practise in the present context I think it is very unlikely. There are a couple of reasons for that, first of all the parties can agree that only some terms and conditions be arbitrated, for example just the conditions about the pay rise and associated things. The other point to make is that the industrial commission is going to make an agreement in which terms are fair and reasonable. It would be difficult to think that the industrial commission would decide that police officers losing conditions would be fair and reasonable, unless there was very compelling evidence that that be the case.
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HOW LONG COULD ARBITRATION TAKE? It’s difficult to be precise about this, but when you take into account the process involved, preparation of evidence, providing witness statements, written submissions, having a hearing and then a decision being made by the commission, then it could easily be six months or longer.
WILL MEMBERS GET A PAY RISE WHILE ARBITRATION TAKES PLACE?
HOW DOES THE STATE WAGES POLICY IMPACT ON A DECISION MADE AT ARBITRATION? The industrial relations commission is required as a matter of law to take into account the State Wages Policy but it’s certainly not the only factor that it has to take into account. It’s required to take into account other factors, for example any productivity changes amongst the workforce during the course of the agreement. The commission is not required to give any particular weight to the State Wages Policy, it’s not required or bound to follow the State Wages Policy, it’s one of the things it has to take into account. As an example in 2015 in an arbitration involving the Health Services Union, the commission decided to award a pay rise in excess of what the then State Wages Policy was.
FITNESS THE KEY ON THE ROAD TO RECOVERY BY STEVEN GLOVER
“Every single time I woke up, the first thing I did when I opened my eyes was wriggle my toes to make sure I could still move.” For the best part of 11 weeks, this was how Detective Senior Constable Matt Whelan started his day. “I was really paranoid that something would happen and I would lose feeling in my feet again.” The last time he lost feeling in his feet was when he dived into the Swan River at Deep Water Point in January 2017. He was enjoying a day out on his friend's new boat with his wife and parents-in-law, who were visiting from the UK. The group travelled from Deep Water Point, stopping off at the Narrows Bridge, East Perth and Bayswater before turning around.
Once back at Deep Water Point, they were going to land on the riverbank so, Matt decided to help out. He dived into the black waters without an inkling they were only less than a metre deep. “I remember diving in and hitting my head, I remember banging my head,” Matt said. “I remember opening my eyes and I was under water. I could see the sun coming through the water at me and I tried to skull my arms but my arms would not move. “I thought: ‘this is bad’. ▷ 11 POLICE NEWS MARCH 2020
“I was lying on the side of the river trying to stay still but I couldn’t. I remember moving my head and I could hear a grind.”
“My wife tells me she thought it was a bad thing and looked over the side and waited for me but I didn’t come up. I still didn’t come up. She got worried and looked over the side and saw me floating in the water. “There was a burning fire, a tingle all over my body and arms like the worst pins and needles ever. I couldn’t feel my arms, I couldn’t move them. I remember saying: ‘I can’t move’ and at that point, I stood up in the water and the wife said: ‘you can because you are standing up.’ “She jumped into the water and she was wearing shorts and her shorts did not get wet because it was that shallow.” Matt’s wife, Fran, and his friend, who are both police officers, helped him out of the water and onto the riverbank. He had a headache and potentially a concussion. People were telling him to stay still but Matt was moving around in agony while the ambulance came to take him to hospital. “I was lying on the side of the river trying to stay still but I couldn’t. I remember moving my head and I could hear a grind. “The ambulance officers put me on a gurney and we went across this stormwater grill and that was the worst feeling ever, the pain of just that small vibration was terrible.” At hospital, it was revealed that Matt had broken his neck in three places. His C1 was fractured in five places while his C5 and C7 were crushed with some fragments broken off. For three days Matt was immobilised while doctors decided how to repair his neck. Doctors elected to repair Matt's neck through immobilisation. He was fitted with a halo and a body brace before being discharged from hospital. He would spend the next 10 and a half weeks confined in these devices to fix his shattered neck.
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01 X-rays showing Matt's injury. 02 Matt was confined to a halo brace. 03 Each week Matt had the halo brace tightened.
“You think you can move but you can’t. Every Friday I had to go to hospital and they would tighten bolts again,” Matt told Police News. “It is like having your head in a vice and they are ramping the pressure right up again.” The former butcher from Luton, 50km north of London, had taken up triathlons in 2014 after he made a decision to get fit. “Being a butcher, I just ate lots of meat, pretty badly, worked stupid hours and drunk beer after work,” Matt said. “So the first time I got anywhere near getting fit was joining the academy, going through and training well there. Then you come out and you get sucked into shift work, midnight Macca’s and I went country.” Matt spent four and a half years in Kalgoorlie however, he struggled to live a healthy lifestyle. “I just got to the point where I had a foot chase. Someone escaped custody out of an interview room and we chased them up the street and I ended up getting into a fight with him. I was so gassed that I couldn’t properly defend myself and at that moment I resolved to be fit. “I lost over 30kg and it was just a lifestyle change in that eating well and being healthy just became the way things were.” An injury to his knee while running led to the suggestion from his doctor to try bike riding and swimming to take the pressure off his knee. Within two weeks, Matt was doing his first triathlon and he had caught the bug. Over the next three years, Matt competed in six half-ironman triathlons which consist of a 1.9km swim, 90km bike ride and 21km run. At the time of his accident, he was preparing for the Busselton half-ironman with the goal to qualify for the world championships in his age group. He was heavily involved with the Fremantle Triathlon Club so, the time confined to the halo brace was a challenge. “The worst thing was every weekend seeing people go online, on Facebook or strava and posting what they were doing,” he said. “During that time everyone was ramping up towards the ironman in Busselton. Everyone’s training is getting big and everyone is doing long distances and there’s lots of sessions. “For me, I had to work out that the halo was a period of training but mental training and try and get through that time in my head without doing anything.” Matt ultimately got out of the halo and after another 12 weeks of rehabilitation, he got straight back into training and completed a half-ironman before the end of 2017. “I did it just to prove something to myself and it was a bit stupid because it was too much for my body, too soon,” he said. “The year after, I did an ultra-marathon which was again too soon and it took me a long time to recover. “Now that I am three years post-accident, I am sort of getting back into an area where my volume training is going ok and I am not too bad from it. I also know that my body can’t take it like it used to. Whether that is me getting old or the injury or a bit of both, I don’t know.” Due to the movement restrictions in his neck, Matt has given up swimming and is now focused on duathlons (bike and run). However, he is thankful for his fitness as without it he could have been in a far worse position.
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“For me, I had to work out that the halo was a period of training but mental training and try and get through that time in my head without doing anything.”
“If I was fatter, if I was not as fit, I think I’d be dead. If I am honest, I’d be dead. I definitely think my fitness helped save my life. “They [doctors] didn’t tell me how close it was, I am just really lucky. I like to dwell on how lucky I am and appreciate what I can do now compared to how things could have been and try and make the most of the opportunity.” Throughout Matt’s recovery he was supported by not only the WA Police Force and his unit, Organised Crime Squad, but Jason Barnes. Jason is a Detective Sergeant and is also a ride ambassador for Ride Alongside. He supported Matt throughout his recovery and has been instrumental in encouraging Matt to take part in this year’s Ride Alongside in May. Ride Alongside is a five-day, 580km cycling event from York to Hyden to Collie to raise awareness of post-traumatic stress disorder (PTSD), depression and other mental health conditions experienced by emergency services sustained in the line of duty. 2020 marks the third ride and the WA Police Union is proud to be the premium sponsor which included complementary entry for one rider, a place that Matt will fill after being nominated by Jason. Jason said he nominated Matt because he was a true testament to the resilience of the human spirit. “I’m sure Matt would have gone through a myriad of emotions after that fateful day, and even after the physical effects subside, the mental scars would continue to remain long after the event,” Jason said. “This is very similar to many first responders who are not only exposed to traumatic events that occur during their work, but are also just as susceptible to life’s hardships outside of work. ▷ 13 POLICE NEWS MARCH 2020
“Riders will illustrate through their own experiences the benefits of good mental health and how it is okay to seek help with personal struggles.”
“It’s an ongoing battle however, with the support from friends, family and work colleagues, people just like Matt can get back to a point where they can maintain a healthy lifestyle.” Jason said 16 riders, mostly police officers, will take part in this year’s ride. “The goal of Ride Alongside is to bring people together, foster a culture of mental health awareness within emergency services and defence personnel and the wider community,” he said. “Riders will illustrate through their own experiences the benefits of good mental health and how it is okay to seek help with personal struggles.” Matt said he was looking forward to the challenge of completing the five-day event. “Most of the days are 100km plus. I’ve never ridden more than a 100km so that’s a new challenge,” he said. “Three hours on the bike is usually enough for me. I find that I start switching off, I get bored and I just don’t enjoy it anymore. So to ride five, six hours in the saddle that is going to be a challenge. “I’m really looking forward to raising awareness for Ride Alongside and Sirens of Silence and being part of it to try and raise that profile and if I can challenge myself while doing it I think it is a good thing. “Financially, I couldn’t take part in the ride without the Union, so I thank them.”
FOR MORE INFORMATION about the Ride Alongside visit www.ridealongside.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 14 POLICE NEWS MARCH 2020
Mick Kelly
EMERGENCY DIRECTOR
WAPU
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Police officers travel to help fire crisis BY JESSICA CUTHBERT
01 Bevan Roe on Kangaroo Island.
“It was like nothing I had ever seen before.” Some of WA’s police officers were among many of the heroes that were deployed to assist emergency services in the fireravaged states of New South Wales, South Australia and Victoria this summer. The devastation of the fires, which have claimed the lives of residents, firefighters, volunteers and international aerial firefighters since September, stunned the world. When the nation thought the worst was over, more fires flared up becoming almost impossible to contain. More lives were lost. At the start of January, nine WA police officers were sent over to help. In order to support the national disaster relief efforts, the Federal Government issued a call out order, Operation Bushfire Assist 2019-2020. Detective Senior Sergeant Curtis Roe was one of the police officers and defence force reservists sent to effected areas. The call out focused on various brigades who formed joint taskforces including the 1st Military Police Battalion which is part of the 6th Combat Support Brigade. Curtis was assigned to the joint taskforce in Victoria and as Company Sergeant Major he was involved in managing the three platoons dispersed across Victoria, New South Wales and South Australia. His role was managing day-to-day operations, providing advice to the Officer Commanding (OC), supporting the senior non-commissioned officers in the field, managing soldier welfare, discipline, logistics such as stores and equipment and reinforcements coming in and out of the operational areas. He travelled more than 7,000km across Victoria and into affected areas visiting and supporting soldiers in the field. “Our soldiers provided support to the joint taskforces so that they can provide assistance to the public authorities who are supporting the communities,” he said. “We also assisted with evacuation of towns and provided support to the evacuation centres.” As seen in the media reports from the effected fire areas, the extent of the devastation was heartbreaking and while Curtis had not been exposed to the severity of it, he had experienced firsthand how the communities were impacted. He said the smoke that blanketed Victoria was shocking. ▷ 15 POLICE NEWS MARCH 2020
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“… we were exposed to some incredible stories and were seeing firsthand people coming in with burnt clothing and footwear, showing how close they were to danger.” 02 The WA officers who were deployed to help in the fire crisis. Photo: Jody D'Arcy. 03 Rosie Roe on Kangaroo Island. 04 Biscuits made by children for the officers. 05 The smokey conditions from the fires. 06 Military police vehicle next to SA Police vehicle on Kangaroo Island.
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“I had seen the news prior to deploying as had anyone, but seeing the smoke which stretched as far as the eye could see was extremely sobering when we flew into Victoria. The scale of it was evident right away and I knew we had a massive job ahead,” he said. He said the work of all the emergency services and local residents was outstanding and he was proud of the officers who have left their normal workplaces, families and loved ones to deploy and assist communities across the country. “We were all missing our families and loved ones at home, but I can safely say that we were glad to be over there assisting affected communities in any way that we could,” he said. “To see the scale of it firsthand across all three states was astonishing. “This is the first time that the reserve force has been called out since the cessation of World War II so it is a moment in history.” He said the call out of the army reserve was a good opportunity for the officers to put their skills into practice and utilise the range of skills and experience gained through the WA Police Force. Other Members deployed included Detective Constable Jayson Connell, Detective Sergeant Bevan Roe, Constable John Burnside, Senior Constable Glenn Wishart, Detective Sergeant Paul McDonagh, Detective Sergeant Michael Mullaley and Detective Constable Rosie Roe. Aside from the WA police officers, other troops from several services were deployed from their communities to assist in the state emergency disaster. Firefighters from across the country joined in the fight and the Australian Defence Force sent Army, Navy and Air Force personnel.
American aerial firefighters Ian McBeth, Paul Clyde Hudson and Rick A DeMorgan Jnr were killed in the Snowy Mountains crash in January. Four rural volunteer firefighters also lost their lives in the disastrous conditions. But in the midst of the devastation and loss, heart-warming moments of humanity rose from the ashes and selfless acts of bravery and extraordinary leadership surfaced. More than 100,000 volunteer firefighters battled blazes across every state saving countless homes from destruction. Among them our own heroes who usually don their blues, instead wore their army greens and saw the extent of devastation across multiple communities. During their time on the fire ground they showed commitment, resilience and bravery and worked around the clock keeping communities safe and calm. They worked alongside residents who lost everything and they have seen firsthand the devastation. Jayson and Michael were posted to the “Alpine” area of operations in Victoria. They established and maintained an evacuation centre for affected communities, working with other ADF assets and community support agencies such as Red Cross, Salvation Army and Victoria Police. A highlight for these officers was being able to provide care and support for those who had lost everything and had come extremely close to losing their lives in the fires. “As we were operating around the evacuation centres, we were exposed to some incredible stories and were seeing firsthand people coming in with burnt clothing and footwear, showing how close they were to danger,” Jayson said.
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They would also help conduct law enforcement patrols in support of Victoria Police, as well as welfare checks within damaged communities. Curtis said the officers also assisted in traffic management which allowed Victoria Police to spread its force and get some much needed respite. Officers John and Paul were posted to “Coastal” area of operations in Victoria and assisted with route clearance tasks where dangerous trees were felled. They were also involved in the evacuation of the town of Marlo which had to be rapidly evacuated due to impending fire danger. The other WA officers including Glenn Wishart and Rosie Roe and her husband Bevan were deployed to Kangaroo Island in South Australia. Bevan was the senior military police representative on the island and said while the vast sections of burnt forest, cars and houses was confronting, he was always amazed by the community’s positivity. “Wherever we went people from the community were so happy to see us. They would come and shake hands and thank us for helping,” he said. “On one occasion local children brought us biscuits they had made.” Rosie said she assisted South Australia Police with joint tasks and assisting with movements of personnel. “We were occasionally tasked to attend incidents or jobs much like one would in general duties as a police officer including checking road blocks, patrolling to deter looters, responding to reports of spot fires and assisting locals with any queries,” she said. ▷
“I would say that the images and videos we are seeing … in no way do the actual experience justice. It is so much more devastating to witness firsthand.”
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“Seeing the animals and assisting them was the most rewarding and yet sad experience. It was a highlight for sure but also very sad to see them like that.� 07 Bevan Roe on Kangaroo Island with a rescued koala. 08 Rosie Roe at the wildlife park with a SA officer. 09 Rescued koalas at the Kangaroo Island Wildlife Park.
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10 Kangaroo Island, SA. 11 The smoke. 12 View driving through Sarsfield near VIC. 13 Rosie Roe with SA Country Fire Service volunteers. 14 Triage centre at the animal shelter on Kangaroo Island. 15 Destroyed properties from the fires. 15
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She said the images and videos of the devastation the fires left in their wake was nothing in comparison to seeing it firsthand. “I would say that the images and videos we are seeing on social media in no way do the actual experience justice. It is so much more devastating to witness firsthand,” she said. “The people on Kangaroo Island have a significant amount of pride and from what I could see, they would largely be putting their focus on rebuilding. A huge amount of sorrow was expressed and felt for the significant loss of animal life and I have to say that was certainly tragic.” They also visited some furry friends at a koala rehabilitation centre at Kangaroo Island Wildlife Park which Rosie said was a highlight of her time over there and her first time seeing a koala. “Seeing the animals and assisting them was the most rewarding and yet sad experience. It was a highlight for sure but also very sad to see them like that,” she said. Curtis said all of the officers who were deployed represented the WA Police Force in an extremely positive light. “The skills, qualifications and experience learnt from being in the WA Police Force assisted our Members to perform outstandingly on this operation,” he said. “It’s been great to hear that most supervisors and managers have been extremely supportive of our Members deploying at extremely short notice.
“I am attached to the Homicide Squad, an extremely dynamic and busy unit, yet my superintendent, inspector and OIC were extremely supportive.” Paul McDonagh also told Police News how grateful he was of the support he had received prior and during his deployment. “The support has been phenomenal from back home. I received calls from my district office and OIC who checked in and offered support. They also offered me the ability to take annual leave to recuperate and spend time with my family when I returned,” he said. “I also spoke with WA Police Union President Harry Arnott who wished us luck and made sure we knew if there was anything we needed to give him a call.” Curtis said all officers who were called out for the deployment should be proud of their efforts. “Some Members left wives with small children at home, struggling without partner support, whilst others were away from their heavily pregnant partners,” he said. The officers are likely to be recognised with the National Emergency Medal which the Federal Government has pledged will be awarded to members of emergency services, volunteers and the ADF in support of the bushfire crisis. The 1st Military Police Battalion is currently seeking serving or former state police officers to join its ranks. 7 Platoon of C Company in Perth has a number of vacancies. Curtis said WA police officers who wish to join the Army Reserves can contact him at curtis.roe@defence.gov.au. 19 POLICE NEWS MARCH 2020
RE LIF FE T-O RE U NC T E
GUIDE TO
Police Auxiliary Officer
PAO STANDARD ROSTERS
PAO ALTERNATIVE ROSTER ARRANGEMENTS
Standard Roster arrangements are utilised in all work areas that have not implemented an Alternative Roster Arrangement (ARA).
Alternative Roster Arrangement (ARA) are implemented in work areas where standard rostering arrangements do not match operational demands.
• Rosters may be either five x eight-hour shifts or four x 10-hour shifts in a weekly period.
• ARA rosters must be developed in consultation with affected employees, usually through scheduled meetings;
• Shift type combinations are limited to: - All shifts of one shift type; or - Day Shifts and Afternoon Shifts; or - Day Shifts and Evening Shifts; or - Afternoon Shifts and Evening Shifts; or - Evening Shifts and Night Shifts (start times must not vary by more than four hours).
• Hours of duty average 40 hours per week over an agreed settlement period. For example, 400 hours over 10 weeks; • Shift lengths may be a combination of six, seven, eight, nine, 10, 11 or 12-hour shifts; and • Shift type combinations are not restricted.
• Weekly rosters shall be posted one week in advance by 1300 hours every Tuesday. • Fortnightly rosters shall be posted one week in advance by 1300 hours every second Tuesday. • Shift types must not be daily alternating. • There must be a minimum 10-hour break between rostered shifts.
ALL PAO ROSTERS
• Weekly leave days shall be rostered together where practicable. • When rostered for only 10-hour shifts, a minimum of two weekly leave days will be rostered together. • Rostered shift types shall be forward rotating on consecutive days of duty. • Should include no more than five consecutive shifts, where practicable. • Should include four weekends off duty over a 12-week period, where practicable. • Four weeks’ notice must be provided to affected employees when a work area wants to introduce a new roster pattern. • Once posted, rosters may only be varied due to an emergency, public interest, known situation or employee self-selection.
Hours of Duty and Overtime
OVERTIME
• PAOs may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable, having regard to: - any risk to employee health and safety; - the employee’s personal circumstances including any family responsibilities; - the needs of the workplace; - the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and - any other relevant matter.
• PAO overtime calculation rates reset daily with the exception of overtime performed past midnight, which is deemed to be cumulative to the overtime completed on the previous day. • PAOs may elect to be paid overtime or accrue time off in lieu (TOIL). • TOIL is calculated at overtime rates. • TOIL is taken at a time mutually agreed with the employer.
• PAOs are entitled to overtime after a minimum of 30 minutes of duty outside of their rostered hours of duty.
• TOIL must be taken within two months of accrual or it will be paid as overtime unless the PAO has been approved for a longer accrual period by the employer.
• Overtime rates: First three hours After three hours
• Minimum Periods for Return (Recall) to Duty: Weekly leave days = Minimum three hours Other time off duty = Minimum 1.5 hours
= Time and a half (x 1.5) = Double time (x 2)
• When overtime results in less than 10 consecutive hours off duty, rostered hours may be paid at overtime rates subject to subclause 12(3)(g) of the Western Australia Police Force Auxiliary Officers Industrial Agreement 2018.
UPCOMING PAO INDUSTRIAL AGREEMENT NEGOTIATIONS As you may be aware, the Western Australia Police Force Auxiliary Officers Industrial Agreement 2018 is due to expire on 1 November 2020. As part of our preparation for bargaining your next agreement we invite our PAO Members to email our Industrial Team at admin@wapu.org.au details of any items or provisions that they believe should be considered in agreement negotiations. Meetings will also be scheduled to discuss the negotiation process and potential claim items. Meeting dates, times and locations will be included in our newsletters, please email admin@wapu.org.au to update your details if you are currently not receiving our newsletters.
For further information contact the WAPU Industrial Team on 9321 2155.
WA
POLICE UNION
MICK KELLY
Senior Vice President WA Police Union
WAPU Guide to Members for dealing with GROH property maintenance issues ONE OF THE MAJOR ISSUES WE DEAL WITH at WAPU HQ in relation to GROH properties is maintenance issues.
WAPU recommends Members follow the steps below, when it comes to resolving GROH property maintenance issues. A copy of our full guide can be found via our website.
BEFORE ISSUES ARISE
Photograph your GROH property. If you didn't do this when you moved in, do this now.
Photograph your GROH property. If you didn't do this when you moved in, do this now. You should end up with 100+ photos. Keep one copy safe, and burn another set onto a disc and provide it to you local GROH office, and request a receipt. It is helpful to commence a running sheet, for your own records. List when you take possession of the property, every inspection, issue, complaint, maintenance and when you vacate the property.
WHEN ISSUES ARISE Step One: make a self assessment whether the maintenance issue is urgent or not An "urgent repair" is one that involves either: 1. the supply of an essential service (i.e. electricity, gas, a functioning fridge [if supplied with the property], sewerage, septic tank or other waste management, water [including hot water]); or 2. repairs necessary to avoid: 2.1. exposing a person to the risk of injury; or 2.2. exposing property to damage; or 2.3. causing you undue hardship or inconvenience. All other repair s should be as sume d to be non-urgent repairs. Step Two: report the matter to GROH All "urgent repairs" should be reported to GROH's Housing Direct by telephone on 1300 137 677. 22 POLICE NEWS MARCH 2020
Repairs that are not "urgent repairs" can also be reported by telephone or can be reported online. It is recommended you make notes of any telephone report you make in your running sheet, or print a confirmation of any online report you make. Step Three: Getting urgent repairs done If the issue is an "urgent repair", GROH are required to arrange for the repairs to be carried out as soon as practicable. How soon that is can depend on the location and availability of services. If you can't reach GROH through their Housing Direct telephone hotline or GROH fails to arrange the repairs as soon as practicable, you can arrange for your own contractor to carry out the work. This should only be done as a last resort, and you should ensure: • you have proof of your attempts to contact GROH about the issue and their failure to respond or make arrangements to repair; and • You make these arrangements within: o 24 hours, for the supply of an essential service (i.e. electricity, gas, a functioning fridge [if supplied with the property], sewerage, septic tank or other waste management, water [including hot water]); or o 48 hours, for repairs to avoid exposing a person to the risk of injury, or exposing property to damage, or causing you undue hardship or inconvenience. If you arrange for your own contractor to carry out an urgent repair: • You should immediately let GROH know you've done so; • The contractor might ask you for upfront payment; • You should keep the Tax Invoice and provide that to the WA Police Force and seek payment/reimbursement.
FIELD REPORT
Step Four: Getting non-urgent repairs done You should not arrange for your own contractors to perform non-urgent repairs, unless approved by GROH. If you do so, you might not be reimbursed. GROH aim to have repairs completed according to the following table: Category
You should not arrange for your own contractors to perform non-urgent repairs, unless approved by GROH. If you do so, you might not be reimbursed.
time Examples Maximum for completion
Emergency No power, fault smoke alarm, smell of gas and electric shock
8 hours
Urgent No hot water, blocked toilets and burst water drain
24 hours
Priority Faulty stove, locks and glazing, leaking taps and security lights not working
48 hours
Routine Rehanging doors, replacing washing line and rewiring flyscreens to windows and/or doors.
28 days
Step Five: Escalating repair requests within GROH If your repairs are not completed within the timeframes in the table above, you can escalate your request within GROH. This should be done via email. When doing so, you should include any reference number you have for the logged repair request, as well as detail of the issue. You should keep a copy of your email to the GROH's escalation service, and any response. GROH's escalation service should respond to your request within one business day. Step Six: Escalating the issue to WA Police If you haven't had a satisfactory response from GROH, contact your Officer in Charge for assistance. There is a high success rate of issues being resolved at this step. Step Seven: Sending a Form 23 Notice to GROH for a Breach of Agreement If your complaint to the GROH escalation service does not address the issue within a reasonable time, you can issue a Form 23 Notice to Lessor of Breach of Agreement. When completing the Form 23, the "name of Lessor" is WA Police, although you should serve the form on GROH. In your Form 23, you should clearly indicate your complaint, for example "a failure to repair the air
conditioner". The Form 23 does not need to be filed in the Magistrates Court at the time it is issued, but you should keep a copy of the Form 23 for your own records, as well as evidence of when you served the Form 23 on GROH and the method of service, in case such evidence is called for during Step Six Magistrates Court proceedings. Before considering Step Eight below, you should allow a reasonable time for GROH to respond to your Form 23. Step Eight: Applying to the Magistrates Court The Magistrates Court has exclusive jurisdiction to adjudicate failure to repair disputes. Applications are made to the Magistrates Court by either: 1. Completing Form 12 Application for Court Orders and lodging this in person at your local Magistrates Court. OR 2. Completing the Form 12 online. Either way, you will need to pay the court filing fee, which is currently $71.70. When completing the Form 12, the Respondent should be WA Police, although after you have lodged the Form 12 and been given a hearing date, you should serve the Form 12 on GROH. The Magistrates Court will set a hearing date, and it is important you attend this date with evidence of the issue and a chronology of your attempts to have GROH repair the issue. The Magistrates Court endeavors to hear and determine these disputes within 14 days. Generally speaking, neither you nor WA Police/GROH can be represented by a lawyer at the hearing. At the hearing, the presiding Magistrate will consider your evidence of the issue, including your evidence of your attempts to have GROH make the necessary repairs. If the Magistrate finds that the breach has been proved, they can issue Orders that the breach be remedied. While the Magistrates Court does not usually award legal costs, you can seek an Order for the Respondent to reimburse you the Court filing fee.
THE FULL VERSION OF THIS GUIDE … … is available via our website. If you need further assistance or advice in relation to your GROH property, please contact one of WAPU’s Field Officers on (08) 9321 2155 or admin@wapu.org.au.
23 POLICE NEWS MARCH 2020
Marching to the beat BY JESSICA CUTHBERT
24 POLICE NEWS MARCH 2020
“It’s one of the best things I’ve ever done.” For the past seven years, Sergeant Ian Stewart has been marching to a different beat. After starting his policing career in Scotland, where he served for almost six years, he applied to join the WA Police Force and joined in May 2006. After the academy, Ian worked at the Fremantle Police Station, Traffic Patrol, Crash Investigations, Traffic Intelligence and Murdoch Police Station. In 2008, during a traffic stop while arresting a violent offender, Ian sustained a serious knee injury. “The offender became violent and acted irrationally and was running around all over the road. It took three of us to restrain him and in the process my knee was ripped apart, when my shin went one way and my thigh went the other,” he said. It was a long recovery and after several failed reconstructions and surgeries, he was made non-operational. “I’m still here though and I decided I wasn’t going to let it stop me. I love being a police officer and I love going to work every day,” he said. “It’s interesting to think about where I would be if I didn’t get injured. My career could have taken me down a completely different path. Becoming non-operational does close a lot of doors but it also opens new ones.” He said the transition away from the frontline after the injury was a hard one, adding it took a toll on his mental health. “It affected me not being able to work on the frontline. It did take me almost two years to come to terms with it and just realise that this is what it is and to accept it,” he said. “It was a case of okay what can I do now to make a positive impact in my police career.” He never expected to become officer in charge of the WA Police Pipe Band. “After I was promoted to sergeant, somewhere, someone thought they could put me in a kilt. Why not, I already had the accent,” he laughed. “It’s been a really positive seven years. When people deal with police it’s generally when they are at a point in time of their lives when they are not doing their best or when they are a victim of crime or an offender so, it’s nice to show a positive side of policing.” Now away from the harsher side of policing, Ian marches to a different beat and performs at 240 events each year. He has also shared the stage with many iconic music legends. Ian said with no real background in music, he was surprised to land the gig. “Although I had previous managerial and leadership experience before I joined the police and during my police career, I had no experience of managing a pipe band and a large group of highly skilled musicians,” he said. 01
02
“It affected me not being able to work on the frontline. It did take me almost two years to come to terms with it and just realise that this is what it is and to accept it.” 01 The WA Police Pipe Band formed in 1966. Photo: Ryan Barnes. 02 Sergeant Ian Stewart.
“Other than conducting powerpoint presentations and occasionally wrecking a song on karaoke, I had never performed on stage before either.” The WA Police Pipe Band formed in May 1966 and is made up of sworn officers, public servants and volunteers from all walks of life. These experienced musicians have been recruited from Scotland, Northern Ireland, South Africa as well as WA and other parts of Australia. In addition to their band duties, officers assist busy frontline units two days each week, the Members perform at approximately 240 policing and community engagements each year. They are also regular faces at large events including ANZAC Day ceremonies, the Christmas Pageant, Perth Royal Show, festivals and charity events. ▷ 25 POLICE NEWS MARCH 2020
03 04
“When people deal with police it’s generally when they are at a point in time of their lives when they are not doing their best … so, it’s nice to show a positive side of policing.”
03 The band performs at police graduation ceremonies. Photo: Ryan Barnes. 04 Sergeant Ian Stewart.
26 POLICE NEWS MARCH 2020
The band also performs at military and emergency service inductions, recruit graduations and police funerals for serving and retired Members. “I’ve never forgotten my own graduation in Scotland so, I really enjoy being a part of those ceremonies and the impact it has on the recruits and their families as we march onto the parade square,” Ian said. “The police funerals are always sad but special to be a part of. I suppose in a way the band welcomes police officers into their career at graduation and then pay our greatest respects to their police service when we bid our friends and colleagues farewell at the very end. “We also perform at approximately 40 to 60 primary schools, youth centres and aged care facilities each year to help break down barriers by using the positive power of music to proactively engage with the community and show a different side to the police uniform.” Ian said the job plays an important part in community engagement policing – a side of policing he has grown to love. “In addition to band members having and maintaining a very high degree of musical talent, we must also be very approachable while representing WA Police,” he said. “Music makes members of the community feel comfortable that they can approach us and have a chat and a laugh and hopefully that positive interaction will boost the public confidence in their police force and ensure that our diverse community feel confident enough to come to police if they ever need help.” He said becoming the OIC of the band was a positive changing point in his career. “Having worked in many areas over my career where you are often exposed to the worst side of the community, dealing with dangerous incidents or gruesome crime scenes, it was a nice change,” he said.
“Engaging with the community in a positive form and putting a smile on people’s faces certainly makes the job very enjoyable and it’s great to see the positive reaction of the community when they see a police officer in a kilt and approach to speak to you.” Last year, the band was invited to perform at the Royal Edinburgh Military Tattoo in Sydney, where they performed four shows in front of around 200,000 people and an estimated TV and DVD audience of 100 million around the world. They also performed at the Bon Scott Tribute concert along Canning Highway earlier this month. The band is currently the State and Australian Grade 1 Champions, having won the national title three times in a row. They were also the first WA Police Unit to take part in the Pride Parade while in police uniform. “In addition to the Military Tattoos, some of the other events that I been involved in that I will never forget, is meeting and performing with Andre Rieu and living legend Sir Paul McCartney when he opened his Australia Tour,” Ian said. He said another fond memory was being a part of the single and video for ‘The Outback Highland Band’ with Kevin Bloody Wilson, where all money raised went to WA Police Legacy. Whilst experiencing many highlights with the band, Ian said his own personal achievement was receiving the Australian Police Medal in the 2019 Queen’s Honours List for distinguished service to the WA Police Force and community. “I certainly wasn’t expecting that prestigious accolade, it was a total surprise and I am still very humbled by the award. It is an absolute honour just to be nominated in the first place but to actually receive the medal, was really special, definitely a career highlight.”
“It is an absolute honour just to be nominated in the first place but to actually receive the medal, was really special, definitely a career highlight.”
Just like any great performance drawing to a close, Ian’s time as OIC is coming to an end. He said it has been a privilege to work with the band for the past couple of years, adding he would miss many things about the role. “Other than the band members themselves, I will definitely miss engaging with the community and our policing colleagues in such a unique way and seeing how music effects each and every one of our community,” he said. “It is a great positive policing role, not only do you get firsthand experience of being an officer in charge of a department, but you also get to be a part of a team that is very special and is so well known all around the world.” He said he got a lot of enjoyment out of managing and leading people and all the challenges it came with, but said he was just one part of the team. “Although we all bring something to the table to help make the band a success, at the end of the day I am just one person within a very special team that works hard together to make sure the band is the success it is today,’” he said. Ian said as his time with the band comes to an end, he would like to acknowledge everyone who has assisted him over the years. “I couldn’t have done it without certain people and I can only hope that I have managed to make some form of
positive impact on the band and the people I have met over the years,” he said. “It’s been an honour and a privilege to have been the OIC and Drum Major of the band. I wish the band and the incoming OIC all the very best of success for the future and long may the pipe band continue to serve the WA Police Force and the WA community.” So what’s next for Ian? “My frontline career path dramatically changed after my knee injury, but I will continue looking on the bright side and know that I can still try to make a positive impact within the community and within the Force,” he said. “I have been lucky enough to have been selected as the new Community Engagement Coordinator role based at Perth District Office. It will be a tough role that’s for sure, but I will still do my best to help make a difference.”
KEEP UP WITH THE BAND BY FOLLOWING THEM ON THE SOCIALS! @wapol1966 Western Australia Police Pipe Band & Supporters' Association
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01 Pool and spa area. 02 Lounge area. 03 Main bathroom. 04 Kitchen. 05 Tennis court. 06 Master bedroom and ensuite.
New Busselton unit ready to book T
he latest addition to the suite of WA Police Union Holiday Homes will be up and running for the April school holidays. Due to the high occupancy rates and popularity of the existing three Busselton Holiday Homes, the Board of Directors decided to purchase a fourth. The unit has undergone a full renovation to bring it up to the standard of the other units and is now available to use. Holiday Homes Committee Chairman Paul Gale said Busselton had always been a popular destination for Members. “It made sense to purchase another property in Busselton given its proximity to Perth and the amount of bookings we already have for the other three units,” Mr Gale said. “The units are at their most popular during the school holiday periods and we always have to turn away Members during this time. The additional unit in Busselton will help
28 POLICE NEWS MARCH 2020
to address this issue but we still expect the ballots to be oversubscribed.” Mr Gale said the unit needed a renovation as it was tired and had not been upgraded since it was first built in 1990. “The unit is basically a carbon copy of unit four and now that is has been fully renovated, we expect it will be extremely popular with Members. “We are still looking to expand our portfolio as well as update our existing homes so we can provide quality accommodation to Members right across the State.” The Union has 10 properties located in Albany, Ascot, Busselton, Esperance, Exmouth, Port Denison and Yallingup. Members can view the availability of the properties and make booking via the Members Area of the WAPU Website.
01
02
04 05
03
06
* 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, 17 April 2020 to: WA Police Union 639 Murray Street, West Perth WA 6005 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 19.12.20 to 26.12.20
Results to be advised by Friday, 24 April 2020 Name (Please Print):
ALBANY
PD No:
BUSSELTON VILLA 4
Address (Home):
BUSSELTON VILLA 11
DECEMBER 2020 / JANUARY 2021
WEEK 2 26.12.20 to 02.01.21
WEEK 3 02.01.21 to 09.01.21
WEEK 4 09.01.21 to 16.01.21
WEEK 5 16.01.21 to 23.01.21
WEEK 6 23.01.21 to 30.01.21
BUSSELTON VILLA 15 Post Code: Work (Unit/Section):
Email (Home): Phone no. (Work): (Mobile):
BUSSELTON VILLA 23 ESPERANCE EXMOUTH PORT DENISON YALLINGUP
POLICE NEWS MARCH 2020
THE GYMS ARE ONBOARD, ARE YOU? Fitness has never been so convenient and affordable! Over 760 WA Police Union members and their family have joined the Fitness Passport Program so far with access to over 60 gyms, pools and recreational centres. Membership Pricing: $12.95 per week | Single membership (employee only) $20.95 per week | Family membership (employee + partner + children U18) $12.95 per week | Dependant child 18 – U25 Hop online and sign up now at www.fitnesspassport.com.au/PUP or contact admin@wapu.org.au Great fitness is just a click away!
30 POLICE NEWS MARCH 2020
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POLICE HEALTH
Will the real health insurance please stand up? MANY OF US ASSOCIATE VALUE with cost – but when it comes to health insurance, the saying is true: you get what you pay for!
You may have caught yourself saying exactly that the last time a bargain tool you purchased secondhand malfunctions after the first use. After all, the chance to be thrifty is always there. But there are times when value and quality should definitely be the front runner over price alone. Like when you want your purchase to last, to fit you and your family’s changing needs, to be so useful it essentially ‘pays for itself’ over time, and, perhaps most importantly, when the reason you want it in the first place is to look after something as important as the health of your family – as should be the case with your health insurance. Unfortunately when shopping for insurance, a lot of people don’t look beyond the surface, because – let’s be honest – it can be complicated for the average person to understand the finer details of a policy. Most just note the tick next to dental, the thumbs-up beside physio, check the monthly premium and say ‘that seems good’, when, in reality, the details around benefits and annual maximums need to be looked at more closely to find an appropriate match.
So dissect your policy. Get to know it. If there’s a component you don’t understand – contact your fund and ask. You stand to benefit greatly simply by being informed.
Over the past five years, more than two million Aussies have ditched their private health insurance, citing reasons around premium costs, lack of value for money and not believing in private health insurance. Looking at the broader picture and patterns, it’s evident that much of this departure is a result of people being paired with policies that don’t suit. It’s a scary trend, given that only 760,000 of 890,000 patients who were added to the public hospital elective surgery waiting list during 2018-2019 were admitted for surgery in the same period. Now isn’t the time to ditch health insurance. It’s the time to review and understand your policy. The value of health insurance is often misunderstood simply because people are uncertain about what they’re actually covered for, and to what extent. So dissect your policy. Get to know it. If there’s a component you don’t understand – contact your fund and ask. You stand to benefit greatly simply by being informed. As a starting point, use these tips when reviewing/comparing policies: 1. E ducate yourself – know what everyday things you can claim on. Extras are great for preventative health. They help keep you fit and well. Does your policy include physiotherapy, remedial massage services, braces, hearing aids or orthotics? If you’re unsure what a particular health service includes – look it up. If you’re paying to be insured for benefits use them!
2. Look beyond the lowest price. Analyse the benefits included in a policy alongside the premium and see if the maths adds up. What will you get back on a standard physio, psychologist or podiatrist consult, and what’s the annual maximum set at? Is it more cost effective to pay a higher premium knowing your money will stay in your pocket when you visit your health provider? 3. Get over the “why should I paying for pregnancy when I don’t use it?” mentality. There are four hospital product tiers: Gold, Silver, Bronze and Basic. To be a classified as Gold the policy must provide cover for all 38 mandated clinical categories, including ‘Pregnancy and birth related services’. That doesn’t mean you’re paying extra for pregnancy, you’re paying for comprehensive Gold tier insurance, with no exclusions – ultimate peace of mind. Given that exclusions can catch you without cover when you need it, and the fact that some ‘Silver Plus’ policies are priced very similarly to ‘Gold’ policies (yet have a number of exclusions) – it’s fair to say ‘buyer beware’. 4. Beware of applying an excess. Most people don’t realise that excesses can become a barrier to treatment when other unexpected and uncontrollable out of pocket costs hit – such as gap payments for doctors and anaesthesiologists.
Continued on page 34 31 POLICE NEWS MARCH 2020
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Insisting on a search warrant over occupier's consent WHEN POLICE EXECUTE search warrants, it is common practice for occupier's consent to be sought in lieu of executing the warrant.
It would not be lawful for the police to retain or use the item for the purpose of disciplinary or loss of confidence proceedings. There is less scope to argue that items seized under occupier's consent are subject to the same restrictions on their use.
The practice of seeking and obtaining occupier's consent is permitted and indeed endorsed by section 30 of the Criminal Investigation Act 2006 (CIA). If an occupier does provide their consent, then the subsequent search is not one done under a search warrant; it is simply a search done at the invitation of the occupier. Presented with a valid search warrant over a Member's house, should Members simply provide occupier's consent? Usually no. This does not mean Members should obstruct a search or not abide by the warrant, but they should insist that the search be done under the warrant, not occupier's consent. "A man's home is his castle" might have been famously declared by Darryl Kerrigan in the 1997 movie The Castle, although the phrase traces back at least to 1628 when English Judge Sir Edward Coke used that phrase, adding: "every man's home is his safest refuge" and explaining that the English common law jealously guards property. Time might have passed since 1628 but the legal foundation of the phrase remains solid. An occupier can refuse and resist unlawful entry, search and seizure on their land. There are, of course, many laws that now allow for statutory warrants to be obtained to make lawful what would otherwise be a trespass. Most relevant for present purposes is the power to enter, search and seize evidence under a search warrant in Part 5 Division 3 of the CIA.
When Members are themselves the subject of a criminal investigation and an investigator wants to search the Member's house, any warrant the investigator obtains to do so will usually be under that Act. Why should Members insist on a search warrant being executed rather than provide occupier's consent? Firstly, items seized under a CIA search warrant can only be used for investigation and prosecution of criminal offences. They cannot, for example, be used for disciplinary proceedings or loss of confidence proceedings in the Police Act 1892. That is because search warrants, particularly over a Member's home, are deep intrusions on their legal rights as occupiers. The subsequent use to which seized items can be put to by the State is constrained by the nature of the warrant. The CIA is only concerned with investigating criminal offences, not disciplinary allegations. Once a seized item is no longer needed for a criminal investigation, it must be handed back to the person from whom it was seized, or disposed of according to law (for example, under a forfeiture order issued by a Court). It would not be lawful for the police to retain or use the item for the purpose of disciplinary or loss of confidence proceedings. There is less scope to argue that items seized under occupier's consent are subject to the same restrictions on their use.
Secondly, providing occupier's consent significantly hinders any ability to subsequently argue the lawfulness of the search warrant, considering it is never executed. In the agony of the moment in being presented with a search warrant, usually when a subject Member answers their door and finds investigators on their doorstep, there is little opportunity to make an evaluation about the lawfulness of the search warrant. It's hard to complain about the invasion of your castle when you've needlessly lowered the draw bridge yourself. Thirdly, occupier's consent might unwittingly go much further than the terms of the search warrant would have. A search warrant will be limited to a power to enter the exact places and seize the items stated on the warrant. Occupier's consent is far easier to use to enter places and seize items not listed on the original warrant. The same approach should apply to seizure of mobile phones, whether that happens at a Member's house or elsewhere, and the giving over of passwords. Generally speaking, it is in a Member's best legal interest to insist on a compulsory process for investigators to seize mobile phones and demand passwords.
Continued on page 34 33 POLICE NEWS MARCH 2020
HEALTH
Continued from page 33
Continued from page 31
These unexpected costs often hit patients at the same time that they’re dealing with a loss of income, so removing excess from the equation helps protect you from the unforeseen – as good insurance should. Police Health’s cover doesn’t malfunction when it’s time to be used, so be sure to add them to the mix when comparing cover options. In WA, across 21 popular extra services listed on the government’s information statement, and including dentistry, optometry, physio, chiro and psychology: • We pay out an average of 38 per cent more than HBF Top Extras– and we’re four per cent cheaper* • We pay out an average of 31 per cent more than BUPA Top Extras 90 – and we’re 19 per cent cheaper*
LEGAL
• And we pay out an average of 48 per cent more than Medibank Top Extras 85 – and we’re four per cent cheaper* When it comes to our Hospital Cover, we offer no exclusions, restrictions, excess or co-payments – yet we’re 13.5 per cent cheaper* than BUPA, 10 per cent cheaper* than Medibank and 21 per cent cheaper* than HBF’s nearest equivalent policies. To find out more call 1800 603 603 or email enquiries@policehealth. com.au for a no obligation quote and benefit comparison. Police Health Limited. ABN 86 135 221 519. A registered, not-for-profit, restricted access private health insurer.
Many Members feel obliged to hand over mobile phones and passwords without warrants. However, this sense of obligation is, I suggest, misplaced. Voluntarily delivering up mobile phones and passwords makes it a lot harder for Members to later complain about the lawfulness of the seizure, and limiting the use of the information on the phone to criminal investigations only, rather than disciplinary or loss of confidence processes. All the above is really just Members exercising their legal rights. Members give suspects their CIA rights every day. There is nothing wrong with Members using those same rights when they happen to find themselves to be a CIA suspect. When exercising these legal rights, Members should be polite, respectful and firm.
CLARIFICATION: We’ve calculated these illustrative averages for WA, based on a family policy, with no Australian Government Rebate on private health insurance or Lifetime Health Cover Loading. The calculations are based on a limited selection of services, so comparisons may vary with other funds, other items and preferred provider arrangements, but, overall, we believe that they support our mission to provide Cover Like No Other. If you want to compare the specific benefits or premiums for Police Health or other funds government information statements, these can be found at privatehealth.gov.au/ Effective as of 1 April 2019
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EMERGENCY 24/7 DIRECTOR 0438 080 930
639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155 F: (08) 9321 2177
POLICE NEWS MARCH 2020
Mick Kelly
EMERGENCY DIRECTOR
WAPU
wapu.org.au admin@wapu.org.au
Sponsored by
MOTORING
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First time novated leasing – Fleet Network made it easy! WHEN PETE WAS IN THE market to upgrade his Toyota Prado, he decided to take the advice of his colleagues and look into novated leasing instead of traditional car finance. And he hasn’t looked back!
Pete Branchi from the Armadale District Office, contacted WAPU to get their recommendation on a reputable novated leasing provider and they didn’t hesitate in suggesting Fleet Network – a supporter of WAPU for more than 10 years. Business Development Manager Ryan Murphy promptly contacted Pete to explain how the process worked and the benefits associated with a lease, he then referred a dedicated consultant to assist Pete further. “The service I received from the team at Fleet Network, was second-to-none,” Pete said. “Within days I had a personal visit at the office from Garrick Ibbotson who put together a personalised quote for me, clearly showing how much I could save salary sacrificing my next car. It was an easy and expedient process.” Pete had a tight deadline as he has been transferred to Karratha to his new position of Assistant District Officer of the Pilbara District. He put the sourcing, negotiating and
I would highly recommend Fleet Network to all police officers. From my initial contact with Ryan and Garrick, through to the delivery assistance provided by Michelle, the experience was very professional, convenient and seamless.
Pete Branchi from the Armadale District Office and his brand new 2019 Toyota Land Cruiser Prado GXL 4x4 Auto Diesel Wagon
purchasing of the Toyota Prado in the capable hands of Fleet Network. His brand new 2019 Toyota Land Cruiser Prado GXL 4x4 Auto Diesel Wagon was ready just before Christmas, and he couldn’t have been happier. Fleet Network even arranged for the new car to be delivered straight to Pete’s house so he could avoid the crazy Christmas roads. Just another way that Fleet Network goes over and above with personalised service for their clients. “I would highly recommend Fleet Network to all police officers. From my initial contact with Ryan and Garrick, through to the delivery assistance provided by Michelle, the experience was very professional, convenient and seamless,” Pete said. “If you are looking to salary sacrifice a car in the future, get the team at Fleet
Network to show you the numbers. They definitely stack up.”
TIME TO UPGRADE YOUR CAR? If you are interested in learning more about novated leasing, the team at Fleet Network have extensive experience in procuring and salary packaging vehicles across Australia. Speak to one of Fleet Network’s expert Consultants for an obligationfree quote today. Let us show you how to best use your pre-tax salary and SAVE THOUSANDS on your next new car. It’s one of the benefits of being a police officer.
MAKE THE CALL TO FLEET NETWORK on 1300 738 601 or visit www.fleetnetwork.com.au/wapu. POLICE NEWS MARCH 2020
NEW MEMBERS
WAPU WELCOMES THE FIRST MEMBERS OF 2020 Brown Squad 6/2019 and Silver Squad 7/2019 were the first recruits to join the ranks of the WA Police Force for 2020. The squads graduated from the WA Police Academy on January 2 after an intensive 28-week training course. The graduates range in age from 19 to 52 years, 13 were born overseas, nine possess a tertiary qualification and five served in the armed forces. Among the recruits were 20 year-old and 24 year-old brothers, Ethan and Nathaniel Bond-Williams who both graduated from the WA Police Aboriginal Cadet Program. Red Squad 8/2019 and White Squad 9/2019 also joined the Blue Family, graduating in February. To learn more about what the Union offers to Members, WAPU hosted all graduates prior to their ceremonies as part of a partnership with Maxxia.
36 POLICE NEWS MARCH 2020
RETIREMENTS & RESIGNATIONS
RETIRING MEMBERS 6228 6726 7913 8710 10791
Murray SMALPAGE Christopher HOATH Alan BOX David SINCLAIR Mark MORLEY
VALE
RETIRED 3018 Inspector ALFRED EDWIN GREGSON Aged 90 5841 1/C Constable GARY WAYNE CLUNE Aged 60
RESIGNING MEMBERS
5427 Sergeant JAMES GORDON MUHLEISEN Aged 71
10289 Daniel WALKERDEN 12146 Amanda WELLS 12810 Faron HART 13138 Kellie OLIVER 13604 David SUMNER 13668 Shannon GRABE 13830 Kenneth EKEKE 14068 Kristi McVEE 14159 Jonathan SPRINGER 14343 Roland PATTON 14787 Gert ENSLIN 15047 Luke MOLONEY 15153 Oliver BURGESS 15255 Wayne MARRIOTT 15289 Stuart WOODROFF-TURNER 15300 CHARLOTTE LEE 15529 Kirsty BADGER 15582 Paul McGLUE 15725 Winston LEOW 15822 Attiqur REHMAN 16314 Allan BUCHAN 16610 Molly GRAY 16755 Matthew SOUTHWORTH 50038 Prakhar SOOD 52591 Nawaf TOTONCHY 99405 Paula DOLECKI
3849 Inspector WILLIAM FRANK CARPENTER Aged 75 3731 Senior Sergeant PETER ANTHONY DYBALL Aged 73 2519 Superintendent DONALD BRUCE NICHOLSON Aged 87 2130 Deputy Commissioner JAMES RALPH WILSON Aged 93 5023 Sergeant KYM JOHN KRAMER Aged 65 4797 1/C Constable IAN HAROLD COLLIVER Aged 72 37 POLICE NEWS MARCH 2020
OSH DEMANDS STAB-RESISTANT BODY ARMOUR In February 2006 Police News, the safety of officers was discussed in relation to stab resistant body armour. In a piece written by then-Senior Vice President Chris Cassidy, a research study conducted by New Zealand Police who were trialling different vests was discussed. After the study, the decision was made to purchase a United Kingdom-made garment. The vests were expected to be disturbed to New Zealand Police between February and June 2006. Mr Cassidy said he looked forward to the WA Police following the “necessary trend”.
PATROL CAR TECHNOLOGY– US VIEW
FEBRUARY 2006 EBA NEGOTIATIONS UNDER WAY The Febr uar y 20 0 6 Police News predominantly featured reports on the 2006 EBA negotiations. In Michael Dean’s President’s Report, he outlined the push for more than a 15 per cent wage rise over three years for police officers, which is what was received in their then-current EBA Agreement. He said WA police officers would require substantial increase in wages, policespecific Death and Disability Compensation Scheme, return of the 10 days ATO’s unjustly removed in 1996, substantial increase in shift, specialist, OIC and country allowances amongst other claims. He said it was interesting to note that the Labor Government returned many of these conditions to the civil service when it came into government but conveniently ignored police officers in the process. In his report, he made it clear that the communication from Government was poor.
38 POLICE NEWS MARCH 2020
Member s read about patrol car technology in the February 2006 edition of Police News, in a piece written by Austin Peay State University, Sergeant Michael W.Runyon-Davis. He said a story that featured in the December edition of 2005 (Police vehicles of the future) reminded him of the value of mobile data terminals (MDTs) in patrol cars. After highlighting the benefits of the MDTs he recommend that the WA Police Force consider them for WA police cars. “They give an officer in the field much improved capability. For example, before I made contact on a traffic cop or made the stop period I could confirm if the vehicle was stolen, who owned it and if everything was in proper order,” he wrote. “The MDT had built in ‘hot tone’ button I could touch if I got into a serious situation. Overall the MDT is a great advance in improving the capability and safety of patrol officers.”
NULLAGINE VISIT – MEMBERS ADMIRABLE WORK On January 2, then-President Michael Dean made a trip to Nullagine. There, he met with Members and discussed common issues such as the EBA, promotion system, the bosses and pay rates. He said despite the isolation, associated hardships and rough roads, the positive attitudes and comradeship of the Nullagine Members was remarkable and admirable. In the article, he also informed Members of a current complaint coming from officers up in the north – the new uniforms.
FROM THE ARCHIVES
“Before changing to Police Health we were seriously considering dropping private health insurance due to cost and lack of benefits, however, since moving to Police Health we will definitely be keeping our private health insurance. The benefits they pay are excellent and you actually feel you are getting something in return for the premiums you pay. Yes they are more expensive than others we had looked at, but I think their service and benefits paid more than make up for that.
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- Police Health Member
policehealth.com.au | 1800 603 603 | enquiries@policehealth.com.au Police Health Limited ABN 86 135 221 519 A registered, not-for-profit, restricted access private health insurer - first established in 1935.