WAPU Police News October 2016

Page 1

OCTOBER 2016

Kalgoorlie Riot

The day Kalgoorlie stood still

Wild West Bike Ride Riders head into the Wild Mid-West

Retired Police Officers Association The RPOA is calling for more members

THE MAGAZINE FOR THE

WA

POLICE UNION


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OCT 2016

POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION

CONTENTS

10

Kalgoorlie Riot Officers from Regional Operations Group were called in to quell a violent protest on the streets of Kalgoorlie.

13

Maxxia competition winner announced Maxxia and WAPU’s new partnership was celebrated with a lucky Member winning $2,500.

14

Leadership towards cultivating inclusion rather than mere diversity Elizabeth Shaw, Board Member and President of UN Women National Committee Australia speaks to Director Lindsay Garratt. 4 POLICE NEWS OCTOBER 2016

16

Common issues key to discussion at WAC Meeting Jazz Lawford and Sharon Croft represented WAPU at the Police Federation of Australia’s Women’s Advisory Committee Meeting in Melbourne.

19

Wild West Bike Ride The Wild West Bike Tour was held on August 20 – 21, this year and was three-stage, two-day ride taking in WA’s Mid-West.

06 W APU DIRECTORS AND STAFF 08 P RESIDENT’S REPORT 22 D IRECTOR OPINION 24 I NDUSTRIAL REPORT 26 FIELD REPORT 29 LEGAL 30 M EMBER BENEFITS 31 HEALTH 33 MOTORING

20

Why should you join the Retired Police Officers Association? How the RPOA can help you after you leave WA Police.

34 ENTERTAINMENT 36 NEW MEMBERS 37 R ETIREMENTS, RESIGNATIONS AND VALE 38 F ROM THE ARCHIVES


WA

POLICE UNION

639 Murray Street West Perth WA 6005 P (08) 9321 2155 F (08) 9321 2177 E admin@wapu.org.au OFFICE HOURS Monday-Friday 7am-4pm AFTER HOURS EMERGENCY DIRECTOR 0438 080 930 www.wapu.org.au Follow us facebook.com/WAPoliceUnion Twitter @WAPoliceUnion PUBLISHED BY WA Police Union 639 Murray Street West Perth WA 6005 (08) 9321 2155 ADVERTISING WA Police Union (08) 9321 2155 DISCLAIMER WAPU (“Publisher�) advises that the contents of this publication are the sole discretion of the WA Police Union and the magazine is offered for information purposes only. The publication has been formulated in good faith and the Publisher believes its contents to be accurate, however, the contents do not amount to a recommendation (either expressly or by implication) and should not be relied upon in lieu of specific professional advice. The Publisher disclaims all responsibility for any loss or damage which may be incurred by any reader relying upon the information contained in the publication whether that loss or damage is caused by any fault or negligence on the part of the Publishers, its Directors or employees. COPYRIGHT All materials in this publication are subject to copyright and written authorisation from WAPU is required prior to reproduction in any form. ADVERTISING Advertisements in this journal are solicited from organisations and businesses on the understanding that no special considerations other than those normally accepted in respect of commercial dealings, will be given to the advertiser. All advertising is undertaken in good faith and WAPU takes no responsibility for information contained in advertisements.

COVER The cousin of 14-year-old Elijah Doughty, Hayley Garlett stood in front of police to protect officers from protestors. Picture: The West Australian. ABOVE Riders take on the wild west. Picture: Dragonfly Media.


WA

POLICE UNION

GEORGE TILBURY President 0409 105 898

BRANDON SHORTLAND Senior Vice President 0419 802 650

HARRY ARNOTT Vice President 0407 989 008

24/7 EMERGENCY DIRECTOR

MICK KELLY Treasurer & 24/7 Emergency 0438 080 930

Bunbury Australind Central Great Southern

Board of Directors

Great Southern Leeuwin Naturaliste Lower South West

Perth Police Centre Perth Watch House

WARD ADAMSON Director 0457 603 311

DAVE CURTIS Director 0400 864 591

Commissioned Officers

Eastern Goldfields

Professional Standards

North Eastern Goldfields

Prosecuting

South East Eyre

MICK GILL Director 0427 097 000

LINDSAY GARRATT Director 0407 775 050 Academy

Avon

Maylands Complex

Central Midlands

State Traffic Operations

Central West Coast Eastern Wheatbelt Gascoyne

South West Hinterland

Geraldton

Upper Great Southern

Murchison

Staff PAUL HUNT Secretary 6 POLICE NEWS OCTOBER 2016

CHRIS VITLER WENDY ROUTHAN Executive Finance Manager Personal Assistant

JESSICA PORTER Media Officer

STEVEN GLOVER Media Officer

CRAIG FORDHAM Industrial Officer

NICOLA ROMAN Industrial Officer


BOARD OF DIRECTORS & STAFF

PETER McGEE Director 0418 938 354

MICHAEL PATERSON Director 0412 224 374

PETER POTTHOFF Director 0407 476 679

Major Crime

Air Wing

Fremantle

Serious & Organised Crime

Armadale / Gosnells

Licensing Enforcement

Intelligence Services

Cannington

Water Police

MARK JOHNSON Director 0488 352 525

KEVIN McDONALD Director 0447 817 181

East Kimberley

Joondalup

Fortescue

Mirrabooka

North Pilbara

ROG North

MICHAEL HENDERSON Director 0448 803 155

West Kimberley West Pilbara

JANE BAKER Research Officer

Sex Crimes

DAVE LAMPARD Field Officer

Bibra Lake

DEAN GIACOMINI Field Officer

TARRYN SMITH Finance Officer

Midland Midland Workshops

PENNY BROWN Member Services Officer

HARRY RUSSELL Director 0412 585 429 Mandurah Rockingham / Kwinana Teg South ROG South

BRANCH PRESIDENTS Academy Kym Buller Air Wing John Gobbels Armadale Gosnells Paul Burke Avon Dave Flaherty Bibra Lake Thomas Burke Bunbury Australind Gareth Reed Cannington Louise Brack Store Central Great Dave Groenenberg Southern Central Midlands Peter Toia Central West Coast Ash Netterfield Commissioned Noreen O'Rourke Officers Eastern Goldfields Jaime Forbes East Kimberley Lyndon Ganzer East Metropolitan Cliff Daurat Eastern Wheatbelt Shawn Vieceli Fremantle Julian Donohoe Fortescue Amber Collier Gascoyne Jeramy Davies Geraldton Glenn Wishart Great Southern Danny Richmond Intelligence Services Contact WAPU HQ Joondalup Scott Sulley Leeuwin Naturaliste Tim Saxon Licensing Mark Saunders Enforcement Lower South West Sasa Dzaferovic Major Crime Graeme Johnston Mandurah Harry Russell Maylands David Taylor (Vice President) Midland Workshops Debra Hutchison Mirrabooka Steve Meakins Murchison Matt Fogarty North Eastern Chelsea Armstrong Goldfields North Pilbara Lance Munckton Perth Police Centre Peter Henry Perth Watch House Kylie Dyer Professional Ian Moore Standards Prosecuting Jarred Gerace Rockingham Kwinana Warren Dowbysch Serious & Peter Birch Organised Crime Sex Crimes Bill Mansas South East Eyre Jaysen Carlisle South West Dion Jackson Hinterland State Traffic Paul Gale Operations Traffic Enforcement Paul Kay Group South Upper Great Sarah Clarke Southern Water Police Ryan Hayter West Kimberley Neil Vanderplank West Pilbara Jon Munday

7 POLICE NEWS OCTOBER 2016


GEORGE TILBURY President

WAPU calls for more options to end police pursuits FOLLOWING A NUMBER OF RECENT POLICE PURSUITS, including one where an offender took the lives of an innocent couple and left their son in an induced coma, WAPU called for more to be done to allow police officers to end pursuits earlier. Statistics show there were almost three pursuits every day in 2015 (1,029), a major increase from 322 pursuits in 2010. WAPU believes pursuits should and will continue, with the assistance of tyre deflation devices and occasional air support, but what’s missing is the option for police to forcibly stop offending vehicles. The current WA Police policy requires police officers to abort pursuits when they become too dangerous. Overseas policing jurisdictions have used proactive intervention for many years to bring police pursuits to a swift end. Techniques such as boxing-in, PIT manoeuvres and road blocks are regularly utilised. We have seen in WA how a well-executed, textbook manoeuvre brought an hour-long pursuit to a successful conclusion. Lawfully continuing this type of action in WA will need the support of Parliament, with legislation allowing proactive intervention to take place, while protecting police officers in the process. WA Police will also need to provide additional driver training and modify vehicles to ensure that offenders can be taken out during a pursuit at the earliest possible opportunity, once appropriate risk assessments have been undertaken. Allowing police officers to end pursuits sooner, in certain circumstances, will significantly reduce the risk to other road users.

Overseas policing jurisdictions have used proactive intervention for many years to bring police pursuits to a swift end. Techniques such as boxing-in, PIT manoeuvres and road blocks are regularly utilised. 8

We will continue to lobby all sides of politics for the required legislation to protect both police officers and innocent road users.

A WIN FOR OUR #ArmedInCourts CAMPAIGN I am extremely pleased that security at metropolitan courts has been boosted after the completion of secure armouries at Perth inner city courts. New armouries have been operational at the Central Law Courts, Supreme Court and Perth Children’s Court since the beginning of this month. The installation of the armoury at the District Court has been delayed however, Members will be able to use the facilities across the road at the Central Law Courts. Now the armouries are operational, you can carry your full range of accoutrements to court which will significantly improve your safety. Upon arrival at the city courts, you will then remove your glock, taser and OC spray and store them securely in the armoury prior to entering the court room. You are still able to retain your baton, handcuffs and radio at all times when in court. WAPU worked on the campaign for almost a year, so it was great to see the judiciary give the nod to common sense and allow you to protect yourselves not only while in court, but also while travelling to and from court precincts. I am extremely pleased our lobbying and #ArmedInCourts campaign has made a tangible change for Members. Support from the Minister of Police Liza Harvey and determination from Assistant Commissioner (Judicial Services) Duane Bell was also instrumental in achieving this positive outcome for all parties. While our ultimate goal is for you to be armed at all times, we are pleased you now have this interim protection and we will continue to fight to have you fully armed.


PRESIDENT'S REPORT

01

ANNUAL CONFERENCE FAST APPROACHING Our 80th Annual Conference will be held next month at the Parmelia Hilton Hotel and will be a major event for WAPU in the lead up to next year’s State Election. This conference will again be used to push for a tailored workers compensation style scheme for medically retired police officers as well as the platform for the release of our Pre-Election Submission. The Police Minister, Leader of the Opposition and Commissioner of Police will all address delegates and I am sure this will be a very interesting and intriguing conference as March rapidly approaches and all sides of politics start jostling for pole position. In addition to the politics and direction setting, we have a number of engaging speakers including University of Adelaide Professor Alexander McFarlane who is the Director of the Centre for Traumatic Stress Studies; Paralympian Brant Garvey; and former New Zealand Police Officer & Specialist Consultant in Resilience and Change Lance Burdett.

CANADIAN POLICE ASSOCIATION CONFERENCE I had the pleasure of representing the Police Federation of Australia at last month’s Canadian Police Association Biennial Meeting. I found the three-day conference very interesting and was easily able to draw a lot of similarities between Western Australia and Canada. The WA Police hierarchy should take note that policing in other parts of the world must also be considered when looking to implement change, as not everything in the United Kingdom is comparable to our jurisdiction or indeed best practice. In addition to international guests from Northern Ireland, Denmark and the USA, I was given the opportunity to address the conference. After explaining a little about

Canada is one of the few policing jurisdictions which actually has presumptive legislation for post-traumatic stress disorder and there was a great sense of disbelief in the room after my address.

all Australian policing jurisdictions, I was able to shock the crowd by explaining our current predicament in WA, with no workers compensation. It is fair to say, we now have a lot of supporters on the North American continent after they heard my address and watched our “Crackhouse” video. Canada is one of the few policing jurisdictions which actually has presumptive legislation for post-traumatic stress disorder and there was a great sense of disbelief in the room after my address. Hopefully next time a PFA representative addresses the same room, this matter will be resolved.

01 George Tilbury addresses the media about police pursuits.

NATIONAL POLICE REMEMBRANCE DAY I strongly believe that National Police Remembrance Day is our most important day on the policing calendar. It is a time we where can acknowledge and remember our fallen comrades from around Australia who paid the ultimate sacrifice protecting the community we love so dearly. The twilight vigil I attended at the National Police Memorial in Canberra was once again a surreal experience and the perfect backdrop to remember our fallen brothers and sisters in blue. We will remember…

9


KALGOORLIE RIOT BY JESSICA PORTER

Tensions in Kalgoorlie boiled over in late August as hundreds of protestors attacked police and tore down parts of the town’s courthouse.

10 POLICE NEWS OCTOBER 2016


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he angst turned violent as some members in the community protested over charges laid against a man following the death of 14-year-old Kalgoorlie boy Elijah Doherty. Many members of the violent group said the man, whose identity is supressed, should have been charged with murder instead of manslaughter. While the boy’s immediate family called for calm, the anger erupted as up to a dozen of our Members were assaulted. WAPU immediately responded to the attack and sent Acting Senior Vice President Peter McGee and Field Officer Dave Lampard as soon as possible to join Regional Director Dave Curtis, who was already on the ground as part of the Incident Management Team. Being a Member of WAPU proves most beneficial during times of crisis and this was one of those times. “We got involved when we learnt there were a substantial number of officers injured,” Mr McGee told Police News upon returning to Perth. The WAPU team, along with extra officers from the Regional Operations Group, got to the Eastern Goldfields town hours after the melee erupted. “We flew up on the next available flight to Kalgoorlie to touch base regarding welfare issues on all of the injured officers and to make sure all procedures were being followed,” Mr McGee said. “The unrest was still ongoing at that stage.” Dave Curtis was on the ground when crowds started to build about 8:30am, monitoring the number of people and their behaviour. Then about an hour later, the throng of people started to enter the courthouse but were refused entry. “When the side gates to court were locked, the crowd started to press against the gate and a number of people started to jump over it. The gates were then forced open by the crowd,” Mr Curtis said. Shortly after, a number of local officers and detectives attended but they weren’t really having any effect on the crowd’s behaviour. “A number of the members of the crowd started to throw rocks and smash the windows of the courthouse,” Mr Curtis said. At that point, Mr Curtis returned to the station to assist in the Incident Management Team (IMT). Directing the CCTV cameras owned by the courthouse and the City of Kalgoorlie-Boulder, Mr Curtis had a bird’s eye view of the action. “Acting Superintendent Tony Colfer tried to address the crowd with a loudhailer but he ended up getting a number of bottles thrown at him. He also let members of the deceased person’s family use the loudhailer in an attempt to control the crowd,” Mr Curtis said. There was a common thread of miscommunication on the day, according to media reports and eye witnesses. Many of the people gathered at the Kalgoorlie courthouse were violently protesting without respecting the wishes of the 14-year-old boy’s family.

“The close family themselves were dismayed at what was happening,” Mr Curtis said. “They didn’t want any involvement at all. In fact there was a number of them inside the courthouse when the crowd was smashing windows. They were actually frightened for their own safety.” Police had to usher the family and courthouse staff across an air bridge to the police station for their own safety. Impromptu actions by Elijah’s cousin Hayley Garlett and her mother Patricia Gerardi summed up sentiments in Kalgoorlie with one photo; which we featured on the cover of Police News. Their courage in standing up to protestors and defending police received widespread praise from the public. Ms Garlett told the Nine Network she had grown up next door to her cousin and had been on the verge of breaking down in tears when she decided to intervene. “It was just chaos, really. I didn't really think about my actions,” she told reporters. “We really wanted it to be a peaceful protest out of respect for him and his family.” Ms Garlett said it was important Elijah be remembered for who he was and not for the violent scenes on the street. She told reporters that police should be respected, not attacked. “They’re there to protect us. They’re not the ones that did that.” However, the crowd pelted rocks and bottles at cars, buildings and officers. Approximately 12 Members were injured. Their injuries mainly consisted of lacerations, abrasions and some had concussion. Mr Curtis said it could have been “a lot worse”. “This was the biggest civil disorder that I’ve been involved in,” he said. Mr McGee said WAPU was busy behind the scenes ensuring the welfare of staff and that industrial entitlements were being complied with. “Industrially, there were a few issues as far as conditions were concerned,” Mr McGee said. “There wasn’t anything significant but as is always the case, it starts off really well and as things get protracted, the Agency start to penny pinch,” he said. “They tried to move the ROG guys out to dongas in Kambalda, which was not ideal,” he said. “It was 40 minutes away; which defeated the purpose of having them up there to respond. But at first they wanted to do that rather than spend an extra few hundred dollars, so we negotiated for that to change. “Ourselves and Dave Curtis negotiated with District Office and said that it would be unwise to move them that far out of town into sub-standard accommodation. So they were moved back into town into proper hotels.” ▷ 11 POLICE NEWS OCTOBER 2016


01 Acting Superintendent Tony Colfer tries to control the growing crowd. 02 A protestor stands on top of a parked police car. 03 One of the police cars damaged in the riot. Photos: ABC – John Wibberley.

01

“They did a fantastic job with limited resources and I thank every one of them for acting with courage and professionalism. They have done us all proud.”

02 03

12 POLICE NEWS OCTOBER 2016

Equipment availability was also an issue that WAPU observed whilst in Kalgoorlie. “We noticed that there was only a very limited number of riot shield sets used. There was only 10 sets for about 30 officers which is not acceptable in our view,” Mr McGee said. However, that wasn’t the full extent of the problem. Only two officers were trained to use the specialist equipment. “They actually had to do a quick 10-minute training session behind the court while the guys who were unequipped were out the front trying to deal with the situation. It was an absolutely ridiculous situation,” Mr McGee said. “It would have been even more embarrassing if it kicked off any worse and significant injuries had occurred; there would have been some serious repercussions.” The lack of training and equipment was immediately addressed by President George Tilbury who notified the WA Police Executive. “Once I addressed this serious issue with the Executive, training packages and more equipment were immediately rolled out to regional WA,” Mr Tilbury said. Mr Curtis added: “Equipment is always going to be a problem in regional WA and so is numbers on occasion, so I can certainly say that there will definitely be further planning to mitigate anything like that happening again.” The crowds dispersed about three hours later, but alcohol restrictions remained in place to ensure the town remained calm. As soon as the protestors left, people armed with bouquets and muffins moved in. The general public wanted to show their appreciation to officers for putting themselves in harm’s way to keep the town safe. “One woman dropped in a homemade lasagne and there were flowers everywhere,” Mr Curtis said. “The first lot of flowers we received was actually on the same day from the florist nearby to where it happened. Mr Curtis said the support from the public was overwhelming. “It gives you a great feeling, it just makes it all worthwhile,” he said. “You would put up with 10 years of bad things to have one day of good things like that. “Words can’t describe it. It’s just a great feeling.” The support also came from Assistant Commissioner (Regional WA) Murray Smalpage. He attended the station and addressed officers at a debrief. “He commended the officers’ conduct at the time and presented a certificate of recognition to the complex as a whole, but passed it to two of the officers who were injured,” Mr Curtis said. President Tilbury said while tensions in the town had been brewing for a while, it was great to see Members supported by the majority of the general public. “Our Members don’t do it for the thanks. They are genuinely caring people who want to improve the lives of others around them,” he said. “They did a fantastic job with limited resources and I thank every one of them for acting with courage and professionalism. They have done us all proud.”


WAPU and Maxxia competition picks a winner Maxxia State Manager Daniella Ghiri and President George Tilbury present Deryck Gourley with his $2,500 voucher.

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o celebrate a fantastic new partnership forged between WAPU and Maxxia, you recently had the opportunity to win a $2,500 gift card. We’re pleased to announce we have a winner! Maxxia State Manager Daniella Ghiri and WAPU President George Tilbury presented Canning Vale First Class Constable Deryck Gourley with his $2,500 universal gift card from Visa. Deryck was shocked he won the prize and thought the phone call from Maxxia was to update his current contract. But Deryck was pleasantly surprised to take out his inaugural competition.

Thank you to everyone who entered. WAPU is pleased to have partnered with Maxxia to bring you this opportunity. President Tilbury said this competition would be one of many to come to enhance your membership with WAPU. Maxxia has been the trusted salary packaging provider of WA Police for 17 years and we’re thrilled to now be a part of this long-standing relationship. Stay tuned as we bring you more exciting news and offers from Maxxia.

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Leadership towards cultivating inclusion rather than mere diversity BY LINDSAY GARRATT

Metropolitan Region Director

RECENTLY I SAT DOWN WITH ELIZABETH SHAW, Board Member and President of UN Women National Committee Australia, a non-profit organisation representing the UN’s gender equality agency in Australia, which advocates for gender equality and the empowerment of women worldwide. As well as being a qualified solicitor, previously working with the State Solicitor’s Office of Western Australia, Elizabeth is Deputy Chair of Inclusion WA as well as serving on the Steering Committee of the 30% Club, an initiative to increase the number of female directors on ASX-200 boards to 30 per cent by 2018. Elizabeth worries that one of the reasons we see a lack of diversity in leadership is because when we think about the qualities of leaders, we look at leadership roles that are currently filled by men – and look to the characteristics they have shown. “We often associate leadership with typically masculine traits. So we think of confidence, strength, dominance, assertiveness and a command and control approach and assume that’s what it takes to be a leader,” she said. But Elizabeth points out there are many different ways to lead and we may not value other styles – such as collaboration, inclusivity and consensus-building – if we haven’t seen a diversity of people and approaches in leadership roles. Rather than defining leadership from the perspective of political leadership or organisational leadership, Elizabeth suggests looking at leadership from the perspectives of a diverse sample of the population who are the strength of and drive communities day-in and day-out.

One of the dangers of promoting diversity without promoting inclusion in organisations is that you get diverse people in but don’t enable them to make a contribution …

14 POLICE NEWS OCTOBER 2016

“How do these people, without formal authority, influence and inspire others around them to move in the same direction?” Elizabeth said. For Elizabeth, she values the importance of authenticity and genuineness. That is “…owning your own style” rather than changing your style to fit what others may think or desire. For example, despite undertaking serious duties on various boards, being a fairly informal person, her natural style is to breakdown unnecessary and rigorous formalities and engendering a sense of fun. “It is really important for me to create an inclusive environment where people feel comfortable and able to fully participate. It’s all about how we can harness the best ideas from the group and give other people opportunities,” she said. “This is also important as a way of inspiring people to give of themselves and to volunteer both their time and their minds for the purpose of advancing the objectives of the agency.” “I’ve often wondered over the years whether you can be informal and be taken seriously as a leader – and it all comes down to feeling confident that you can bring yourself and your personality to your leadership roles. That authenticity shines through,” she said. Elizabeth said increasing diversity in organisations was vital to ensure innovation, creativity and robust decisionmaking – but cautions on increasing diversity without efforts to build an inclusive culture. I was interested to know how too much emphasis on the command and control style might affect the leadership style of diverse groups in organisations. Elizabeth suggested leaders in organisations need to focus on strategies to encourage inclusion rather than addressing diversity by itself. “One of the dangers of promoting diversity without promoting inclusion in organisations is that you get diverse


LEADERSHIP

Elizabeth Shaw was recently named as a finalist in the Australian Financial Review's Women of Influence Awards. Photo: Adam da Cruz.

People need to be there for the right reasons, and recognise that the cause is more important than the individual. … and there is often personal sacrifice that needs to go with that, such as recognising you may not be the right person to lead the group.

people in but don’t enable them to make a contribution – whether that be by not giving diverse candidates opportunities, not calling upon them in meetings or by creating structures, systems and processes that reinforce a traditional type of the ‘ideal worker’.” “In very strong homogenous cultures, you can bring diverse candidates in, but unless you consciously and actively include them, one of two things will happen: they will leave, or they will homogenise to fit in – and in both cases, you lose the value of their diversity,” she said. Elizabeth suggested organisations can have subtle attitudes towards women, for example, without even realising it. And this is a particular danger in male-dominated organisations such as policing. What is worse is when organisations don’t recognise there is actually anything wrong. We all need to keep in mind we all have biases, some conscious and others unconscious. Her recommendation for organisations is to critically examine the subtle messages given in the language used across a range of human resource practices end-to-end, including recruiting, selection and promotion – and challenge our assumptions of the ‘ideal worker’, and how they might perpetuate a homogenous culture. There is a range of assumptions that need to be questioned. The values, belief, attitudes and assumptions need to be examined to identify the types of subtle messages being reinforced in organisations. “If organisations are to take advantage of the full talent pool, women and other diverse candidates need to feel comfortable to challenge some of the traditional ways that are engrained,” she said. “That is hard when research shows that until you get a minority group up to 30 per cent, you don’t have the

“critical mass” required to really challenge the way things are done.” So we talked about the types of behaviours leaders needed for the future. “When we’re looking at the future we are looking at increasing demand for services, population growth, over a massive geography, in a resource constrained environment. “Leaders of the future will need to be able to influence a variety of different people, in a number of different ways. “Not just through your traditional command and control or by relying on the formal authority of the position,” she said. “But more how can I lead by example, how can I get the workforce to think differently about how we do things and really believe in the case for change, how can we use the media and other forms of engagement with the community to challenge the way they do things and build strong partnerships. “It will be important to employ different styles of influence for different occasions in order to appeal to what drives different people.” One of the most important qualities in a leader is selfawareness, argues Elizabeth. Knowing what is needed, what you can bring and importantly – when the two might not align. “People need to be there for the right reasons, and recognise that the cause is more important than the individual. “There are a lot of people who have agendas on boards or groups, and it becomes about them rather than the organisation. “There is something more important and there is often personal sacrifice that needs to go with that, such as recognising you may not be the right person to lead the group. “So leaders always need to have a level of self-awareness and reflection,” she said. Something to ponder… 15 POLICE NEWS OCTOBER 2016


Common issues key to discussion at WAC Meeting BY JAZZ LAWFORD

16 POLICE NEWS OCTOBER 2016

Sharon Croft and I had the privilege representing the WA Police Union at the Police Federation of Australia’s Women’s Advisory Committee Meeting in Melbourne. The Women’s Advisory Committee was formally set up by the PFA some years ago to advise the PFA Executive on current issues being experienced by female Members. The PFA WAC meets twice a year and provides advice to the PFA Executive. The July event was chaired by Geri Porter from Victoria and attended by NSW Police Association President Scott Weber plus delegates from all policing regions of Australia and New Zealand. The delegates in attendance were a collection of driven, engaged people who were just as passionate about their roles in the service as they were about supporting union activities and their members across the board. The meeting was officially opened and we received updates on the PFA’s achievements to date and their goals looking forward with a particular focus on Post-Traumatic Stress Disorder (PTSD), professionalisation, superannuation and childcare. The delegates from each state then gave updates on their respective areas. Each state’s review began with the female participation and interest level in union involvement. There were mixed results and each delegate provided their thoughts about these figures. We then moved on to general branch updates from each area. The interesting thing about these updates was that we had delegates from every corner of Australia sharing their thoughts. I’d learned, through discussions with other delegates, about how different each of their policing environments were, whether it be isolation or climate factors, differences in policy, or the types of accoutrements that were available to them. I was more than a little surprised to hear from one group of delegates that their officers do not get the choice of overtime or TOIL for extra hours worked – it’s TOIL or nothing. We suddenly appreciated WA’s arrangement a lot more. Despite the wide-ranging differences between each area, one thing became apparent. We were hearing the same core issues come up for members again and again.


“… we were vehemently discussing issues that I can confidently say are not unique to any one state or gender. These are issues that most of us have either experienced or know someone who has.”

These were flexibility, retention and promotional opportunities.

Flexibilty “Single parents, or others in similar positions, were often told it was “too hard” to accommodate them and so ended up being forced into arrangements that didn’t meet their needs …”

Members felt that they were being let down when it came to part-time arrangements which in turn impacted their work-life balance. Single parents, or others in similar positions, were often told it was “too hard” to accommodate them and so ended up being forced into arrangements that didn’t meet their needs such as 0.5 FTE or positions that prevented them from getting onto the frontline.

Retention Members had expressed concerns that, rather than focusing on identifying issues for current serving members, in an effort to keep them in the job, their agencies had instead focused on mass recruitments which members felt was a “quick fix”, which could have (and in some areas already had) the effect of lowering the quality of officers in the long run.

Promotional Opportunities Concerns had been expressed that officers with certain commitments in their off-duty lives were being over looked for promotional opportunities as they would be “too difficult to manage” or perceived to be not available enough. Needless to say, there was some fairly energetic conversation in relation to these issues and while they weren’t the only issues raised, they were certainly recognisable by their repetition. Then came the question: “What would we like to see instead?” The answer was: Members who are passionate about the job being recognised for their experience and/or skill and being supported in getting out there and doing the job regardless of their home life or responsibilities.

The conversation did bring to light steps that some areas had already taken in relation to these identified issues. These included: • Recent approval for IVF leave for patients and partners in Victoria with an aspiration to seek paid foster and domestic violence leave; • A proposal for exit interviews to be conducted in South Australia to address retention issues; • An acknowledgement from the Northern Territory Commissioner in relation to PTSD and wellness of members, resulting in welfare officers working with padres to address the issue; • Approved 10 days of domestic violence leave in Queensland and workshops for career development including a mentor program; and • A transitional program for the re-adjustment of members leaving the job in New South Wales with a welfare officer being employed. The achievements and further aspirations discussed during this meeting were truly inspirational. Yes, we were at a Women’s Advisory Committee Meeting, but we were vehemently discussing issues that I can confidently say are not unique to any one state or gender. These are issues that most of us have either experienced or know someone who has. My thanks to WAPU for the opportunity to attend this event. The chance to liaise with members from jurisdictions all across the nation has been invaluable. It is one that we would recommend to anyone who wants to get involved and really support our own Members in doing the job that they are passionate about.

If you wish to discuss any of the issues raised in this article, please contact WAPU HQ on 9321 2155 to speak with our Industrial Team.

17 POLICE NEWS OCTOBER 2016


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

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

WA

POLICE UNION

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

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

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


01 02

Wild West Bike Ride

01 Riders take off from Geraldton. 02 Riders take on the wild west. Photos: Dragonfly Media.

BY REGIONAL DIRECTOR MICK GILL

The Wild West Bike Tour was held on August 20 – 21, this year and was three-stage, two-day ride taking in WA’s Mid-West. Stage one of the tour was approximately 97km and went from Geraldton to Northampton through Park Falls Estate and Chapman Valley Road. This leg takes in the scenic foreshore area of Geraldton into the first of many short steep hills in Park Falls before enjoying a scenic ride through the Chapman Valley, then climbing through several hills on the way to Northampton. Lunch was provided by local Northampton school St Mary’s. All profits from the lunch went direct to the school. Stage two of the ride was the Dash for Cash and King/Queen of the mountain. Commenced in Northampton, this leg concludes 24km later in Nabawa. The mountain stage is 10km from the start and has cash prizes up for grabs as does the mad dash to the finish just short of the Nabawa town site. Once the middle leg is completed, it was time to relax with a cold drink at Nabawa Tavern before getting ready for the ultimate 125km leg.

The last stage saw riders returning to Geraldton. The last leg involved several gravel road sections to test the rider’s capabilities. This final ride takes you through wild flowers and crop country into Ellendale Pool and the iconic Wind Farm before concluding in Geraldton. Stages one and three can be undertaken as a relay where teams conduct changeovers at different intervals or the entire team can ride together. All teams had a support vehicle to help out for safety and transport. There were many sponsors who supported the event, including WAPU, with more than $16,000 raised for WA Police Legacy and the Batavia Coast Rotary Club. The WA Police WWBT committee included myself and Senior Constable Nathan Johansen of Mullewa Police. Planning for the 2017 WWBT will commence in November this year. We encourage you all to join in the fun and get involved next year! 19 POLICE NEWS OCTOBER 2016


Why should you join the Retired Police Officers Association? BY RETIRED POLICE OFFICERS ASSOCIATION SECRETARY MIC GOOCH

I

joined WA Police on January 1, 1973 as part of School 1/73 and I completed my service on January 30, 2016. The years between those two dates passed so quickly that I sometimes wonder if it was real or just a dream. Unlike some, my service time was, on the whole, enjoyable and definitely not a nightmare. I will return to that topic later but first, I must acknowledge the person who started me and School 1/73 off on the right foot, Academy OIC Senior Sergeant Michael “Mick” Wright. On day one, amongst all the papers we had to sign was a form for a superannuation contribution from my fortnightly pittance. I think from memory it was $2.50 per week, which to put things in perspective, was eight beers and two packets of Craven Special Mild. Why do I need to pay this was my query and his response was: “Son, sign the form you will thank me for it one day,” and every day I do thank him. You were a gentleman Mick Wright, the first of many I met in this confused world of policing. I learnt later that Mick Wright also gave his time to WAPU, the Police Credit Union (as it was then) and associated organisations like the Retired Police Officers Association

20 POLICE NEWS OCTOBER 2016

(RPOA). He got involved and I think that was the thing that impressed me most. He went to his God some years ago now, so I can’t embarrass him but I never had the opportunity to tell him how much I admired him, so I can only follow his example. By the time I retired, I knew I had had enough. Mentally, I could keep up but physically I was tiring and it was becoming obvious; power naps in front of the computer, stronger glasses and tests for hearing aids, it was time to give it away. Initially, I was prepared to walk away and have nothing more to do with police. I’ve found this is a common thought for retirees; a complete break, a new life, holidays, golf and travel. Let me tell you, it will work if you are so self-absorbed that you can ignore the past but for lesser mortals, like me, there were constant reminders of my past life. Newspapers and television are full of police stories, walking through the shops you bump into former comrades and, of course, the topic is police work, and what’s the goss! In the end, I couldn’t resist any longer and joined the RPOA, not necessarily for the gossip but because I missed the company of police officers. There I’ve admitted it, I missed the company of men and


women that I had grown up with, worked alongside and, on occasions, trusted with my life. There is a powerful bond between police, firies and nurses that unites them to each other forever. I have met officers that I haven’t seen for 20 years and we can pick up where we left off and then walk away again knowing that the bond is still there and that the memories remain intact because, in the end, it is the memories and friendship we cherish more than anything else. So what can the RPOA do for me you say? Well let me give you a JFK quote: “Ask not what your country can do for you, ask what you can do for your country.” Being involved with this Association has given me the opportunity to renew acquaintances with former officers, most of whom I knew, some I have never met or interacted with, without invading their world, for a short period of time at a coffee morning, a lunch or just by an email exchange. The important thing is we are connected again and aware of the other’s existence. The other side of this connection are the services we provide for members should they need assistance because of circumstances or ill health. We have appointed Welfare Officers but the whole Committee is a contact point for help, if required, and we liaise directly with WA Police Health and Safety, WAPU and Police Legacy, to support and supplement the important work these groups do. Some officers have fallen on difficult times, often through no fault of their own and we support these people by talking with them, visiting them in hospital or by advising their families of the best agencies to contact. Attending police funerals and reading the Police Ode is often an important part of the “saying goodbye” process that helps the family farewell their loved one. Knowing that he or she was appreciated by the police family helps the pain of a loss and comforts the immediate family. Support for the widow or widower after the event is equally important, to show them they are not forgotten, our motto being: “We will remember.” This support is given freely and voluntarily, sometimes it is declined by the family for whatever reason but they know we are there if they need us. Of course, this sort of service could not be provided without financial sponsorship to cover costs and I must acknowledge WAPU, who specifically support our Welfare Officers, and together with P&N Bank, sponsor the RPOA to enable us to bring and keep members together with social functions and regular newsletters. At the beginning of this article I mentioned that for some officers their service was a nightmare. Not every person survived their service as well as I did. Times have changed in the ensuing years and some retrospective changes have been or are being made to have police included in workers compensation agreements. Continuing financial support for a diagnosed medical problem has been a battle the Union has fought for many years and one we support through

“… I missed the company of men and women that I had grown up with, worked alongside and, on occasions, trusted with my life.”

“We are happy just to know that you are part of the team and have access to us if you need it.”

our welfare program and association with the Medically Retired WA Police Officers Association. I do not want to, nor will I easily give up the friendships I made during my 43 years in the police fraternity. I realised now how I relished those years and if I have to wear my heart on my sleeve to promote life after the “job” then I will do it without hesitation. Ignore your past if you want to but it doesn’t mean we have forgotten you. Membership of the RPOA is $20 per annum and entitles you to six newsletters and additional email information on other social events, lunches, coffee mornings, vale notices and a host of other information that may help you in your retirement journey. Currently, we have some 560 members and we have branches in Mandurah, Bunbury and Geraldton. Some members have chosen just to receive the information, others join in every activity. It is entirely up to the individual. We are happy just to know that you are part of the team and have access to us if you need it. Nor does it matter anymore where you served, all branches and genders are represented and mingle freely. You served, you belong. So give me a call, get involved, it may just be what you are missing. Do you remember? We will remember.

WANT TO JOIN THE RPOA? Application forms can be obtained by emailing rpoawa2013@gmail.com or by calling the Secretary on 0437 150 351. 21 POLICE NEWS OCTOBER 2016


KEVIN McDONALD

Metropolitan Region Director

Who is really to blame? MY LAST ARTICLE HIGHLIGHTED THE INCREASED DANGER ASSOCIATED with a pressurised frontline featuring disturbed, violent and out-of-control methamphetamine addicts. Workplace pressure is exacerbated by an ever-increasing workload linked to exploding crime rates and rising domestic violence has many frontline Members close to breaking point. The WAPU “It’s Tough Enough” campaign has never been more apt than it is at this very moment in time. A recent WA Police Broadcast (End of Year Crime Statistics, 25 July 2016) appears to be an attempt to guard against declining morale in the context of continuous bad press over spiralling crime rates and the meth situation. At first glance it presents as a supportive gesture however, there is some suspicion it’s misplaced if not disingenuous. In fact, some suggest the Broadcast was about as credible as its claim that a nine per cent increase in crime rates is a huge dividend for the people of Western Australia. Instead of acknowledging the increasing dangers and workload facing frontline officers, the Broadcast diverts perceived criticism of the Agency by subtly suggesting frontline police are the focus of media hysterics and political white noise. The reality is our frontline officers are busting a gut doing a fantastic job; they aren’t being blamed and don’t need a fake apologist. Media and politicians don’t seek to blame frontline officers. Rather, they are merely emphasising facts, figures and a deteriorating social milieu. If senior management are truly keen to improve morale they might start by attempting to ease workplace pressures, instead of continually demanding more with less and accusing middle managers of peddling social rosters.

Frontline officers don’t need protection from white noise; they need numbers on the ground, satisfactory rostering practices, work variety and support through sound deployment structures and strategies.

22 POLICE NEWS OCTOBER 2016

Frontline officers don’t need protection from white noise; they need numbers on the ground, satisfactory rostering practices, work variety and support through sound deployment structures and strategies. Some of the political white noise has targeted the Metropolitan Operating Model (MOM) as contributing to crime and meth problems. Frontline police didn’t devise and implement the MOM; senior management did. Senior Management keep repeating the MOM is working well but does anybody know with any certainty? If more frontline police are needed to make the MOM work, how might the old model have performed with those additional resources? Unfortunately (and typically), there is no review component within the MOM to compare with the previous structure so we may never know. I say typically because long serving Members will remember rank and file opposition to the Investigative Practices Review (IPR) changes back in the nineties. The IPR, the more recent closure of the Major Incident Group (MIG) and the chameleon like promotion system, all bore the same ‘throw the baby out with the bath-water’ management style, characteristic of the new MOM. Senior Management are nothing if not consistent. As we know, most of the IPR changes have gone by the way-side such as IMUs and TIGs and other changes such as closing the highly successful Armed Robbery Squad which was eventually re-opened but under a different name. The Agency’s reliance upon Crime Car to provide afterhours serious incident response in place of MIG is still considered by many as a poor, rob-Peter-to-pay-Paul, use of resources. It causes significant rostering problems, hampers the efficiency and effectiveness of ongoing investigations and is one of a number of reasons why detectives no longer want to work in districts. The narrowly designed and ever-changing promotion system (or culling process) has failed to deliver and the promising careers of many worthy, experienced, hardworking Members have stalled.


DIRECTOR OPINION

If police management are serious about improving the morale of frontline police, scrap the insincerity and refrain from using frontline police as a means to deflect management culpability.

It’s against this backdrop of police management expertise that the meth scourge has flourished, crime rates have soared, crime victims are everywhere, police frontline fatigue is common and morale has withered. No, frontline police aren’t the focus of media criticism or political white noise and they are not to blame for the current predicament. But they sure are the ones whose workplace has become over worked, increasingly

unpredictable and more dangerous than anywhere else in the nation. If police management are serious about improving the morale of frontline police, scrap the insincerity and refrain from using frontline police as a means to deflect management culpability. And inject more resources into the MOM before we end up with three times the average national meth consumption instead of two.

23 POLICE NEWS OCTOBER 2016


CLAIRE LLOYD

Industrial Officer

Rostering and court appearances ROSTERING IS A COMPLEX MATTER WHEREVER YOU ARE IN THE STATE however, in country locations our Members are quite often expected to “do more with less” and this is often played out when it comes to the matter of rostering. There are certain principles that must be taken into account when preparing rosters. These are enshrined in the WA Police Industrial Agreement 2014, the WorkSafe Working Hours Codes of Practice 2006 and the WA Police HR26 Policy on Rostering. Clause 12 of the WA Police Industrial Agreement 2014 states; (1) When developing rosters, all rosters shall: (a) meet operational and service delivery requirements, (b) contribute effectively to achieving local and corporate priorities, (c) provide the most effective use of available resources, (d) comply with the recommendations contained within the WorkSafe Working Hours Code of Practice 2006 as it relates to rostering and hours of duty, including the use of forward rotating shifts, (e) be flexible whilst being manageable. Rostering systems shall attempt to maximise resources by allocating the appropriate number of officers, with the right level of experience across all teams to be able to meet policing demands and community requirements, and (f) support work life balance and ensure employees are rostered in a fair, reasonable and equitable manner while balancing community, employee and organisational needs. The WA Police policy on Rostering (HR26) says the following are inherent requirements when it comes to developing a roster:

… all rosters should be forward rotating rosters … There should also be 48 hours of non-work time between coming off a series of night shifts and resuming work.

24 POLICE NEWS OCTOBER 2016

All Rosters must: • Comply with the relevant provisions of the current WA Police Industrial Agreement; and • Comply with the recommendations contained within WorkSafe Working Hours Code of Practice 2006 as it relates to rostering and hours of duty, including the use of forward rotating shifts. Further, it is a WA Police policy requirement that all rosters must: • Be approved by the District/Divisional Superintendent or equivalent or other delegated person in the work area; • Take into consideration HR-26.02 Rostering Principles; • Take into consideration HR-32.12 Fatigue Policy; and • Take into consideration the Occupational Safety and Health Branch – Fatigue Management Plan. Some important take home points for all Members to recall are that all rosters should be forward rotating rosters (day, afternoon, evening, night shift) rather than backward rotating (night, evening, afternoon, day shift). There should also be 48 hours of non-work time between coming off a series of night shifts and resuming work. This is the safest amount of time with the least risk associated when working night shifts. Anything less than 48 hours increases the risk to Members' health and safety. With respect to court appearances, the Industrial Agreement does not make specific provisions however, the Rostering Policy (HR26) clearly states at point 5: “Where police officers are summonsed to attend court in a week that falls within a night or evening shift rotation, all possible consideration is to be given to reduce the effects of fatigue on the police officer prior to the court attendance”. This taken with the fact that all rosters should be forward rotating means that if you are rostered to work a series of night shifts Monday to Friday but on Wednesday you have a court appearance, your shifts on Monday, Tuesday and Wednesday should be changed to early shifts to accommodate the court appearance.


INDUSTRIAL REPORT

… given that court appearances are often listed some six to eight weeks in advance, there is no reason why these should not be factored into advance roster planning. Clause 12(7)(j) of the Industrial Agreement makes it clear that where your shifts have been changed as a result of a court appearance, you will still receive payment of the shift penalty you would have received had you worked the original shift. So, in the example above, even though Monday to Wednesday your shifts have changed from night to day, you still receive the payment for the night shift penalty that you would have worked had your shifts not been changed. In our opinion, Members should not be expected to come off night shift at 0700 hours and remain awake to attend court during the period of non-work when they should be asleep. This practice increases the risk of harm to your health and

GOVERNMENT

JUSTICE

LEGAL

wellbeing and given that court appearances are often listed some six to eight weeks in advance, there is no reason why these should not be factored into advance roster planning. As we know, there will be times when court appearances are cancelled at the last minute however, this is the “nature of the beast” and not something that can be controlled by Members. Your health and wellbeing should be of paramount importance when carrying out what is known to be one of the hardest jobs around.

MANAGEMENT

PUBLIC SAFETY

TRAINING

SECURITY

WHS 25

POLICE NEWS OCTOBER 2016


DEAN GIACOMINI Field Officer

WAPU hits the red dirt of the Pilbara IN AUGUST, WAPU Director Peter McGee and Field Officer Dean Giacomini conducted a tour of the Pilbara District and performed station visits to speak with Members. Day one saw visits to Karratha, Dampier and Roebourne stations where they spoke about a range of subjects including housing and rosters. A West Pilbara Branch meeting was held at Karratha where Senior Vice President Brandon Shortland and Director Kevin McDonald, were in town for the Karratha to Broome Bike Ride, spoke to Members and gave updates on WAPU matters. Peter and Dean then headed off to South Hedland where they caught up with several Members that evening. On Tuesday morning, a North Pilbara Branch meeting was held at South Hedland Police Station where Members discussed a range of issues relating to the state of housing in South Hedland, in particular the old GROH owned properties, rosters and the current staff shortage. Members also expressed their desire to be included in the Body Worn Video trial being conducted by WA Police. On leaving South Hedland, Peter and Dean travelled to Marble Bar Station where they spoke with OIC Todd D’Souza and relief officer Amber Collier from Newman Station. The old Marble Bar Station is a heritage listed building

26 POLICE NEWS OCTOBER 2016

01

that is very grand but totally unfit for modern policing. The highlight of the visit was getting a close up look at the new Land Cruiser 79 Series dual cab which is the perfect police vehicle for the remote regional stations. Well done WA Police! A planned visit to Nullagine didn’t eventuate due to the Members having to travel to Newman to collect a new station vehicle however, a roadside meet with both officers, including the new OIC Laurie Casarsa and his wife, resulted in a chance to have a quick chat on general matters. It was then off to Newman for the night and a catch up with Branch Officials before retiring for the night. Day three started with a visit to Newman Station for a chat with the troops and OIC Larry Miller before heading off to Tom Price Station for a visit. Tom Price OIC Tony D’Giuseppe and Members were happy to have a chat and pose for a station photo. They later joined Peter and Dean for dinner at Windawarri Lodge, the Rio Tinto run mining camp in town, where our travellers camped for the night. On Thursday, Peter and Dean visited Sergeant Kevin Taylor and First Class Constable Neil McClarnon at Paraburdoo Station where they were made to feel welcome. Dean raised concerns regarding the suitability of Paraburdoo Station due to a lack of a separate interview room, no front counter security and a loudly humming computer server next to the OIC’s desk. Another example of a police station that is no longer fit for purpose in 2016. Our WAPU travellers then headed off to Onslow and stopped in on a busy court day at the station. A good chat was had with the OIC Kevin Jones and his staff who later met up for a meal at a local establishment. Onslow is another station that has been modified over the years and could also be placed on the list of unsuitable for modern policing. The staff at Onslow and the other Pilbara stations get on with the job and always seem to make things work with what they have. Our Members are great at improvising and making do with what they have been dealt and seldom complain.


FIELD REPORT

03 02

04 05

06

Day five and it was off to Pannawonica Station to visit Sergeant Lou Williams and First Class Constable Ryan Thomas for a chat before returning to Karratha and flying back to Perth for a well-earned weekend rest. As a result of the station visits, WAPU has made inquiries with Regional WA and GROH regarding the state of housing in some of the Pilbara towns and these have been discussed at the tri-partite meetings held between them and WAPU.

Issues with the stations have been raised with the WA Police Land and Building Management Branch and further follow up is to be conducted. WAPU has been working closely with Pilbara Station OICs on rosters after the visit highlighted some that were not totally compliant with the Industrial Agreement. Our Industrial and Field teams are always available to assist with rostering enquiries and provide advice when required.

01 Roebourne Police Station. 02 Land Cruiser 79 series. 03 Peter McGee, Amber Collier and Todd D’Souza at Marble Bar. 04 Tom Price staff and Director Peter McGee. 05 Paraburdoo Police. 06 Onslow staff and Peter McGee.

27 POLICE NEWS OCTOBER 2016


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LEGAL

Senior Associate, Tindall Gask Bentley Lawyers

VROs and how they impact police officers IN WA, THE RESTRAINING Orders Act 1997 (WA) (Act) governs the administration of restraining orders. When a Violence Restraining Order (VRO) is granted, there is an automatic inclusion of a firearms order which prohibits the person bound from having a firearm in his or her possession. When the person bound is a police officer, the firearms order can make employment difficult and often impossible. This article will explore WA legislation and case law to understand the impact this has on a police officer and discuss a possible means by which to vary the conditions of the order.

WHAT DOES THE LEGISLATION SAY? The Act requires that every VRO includes a restraint prohibiting the person bound from being in possession of a firearm or a firearms licence, and obtaining a firearm. However, the court may permit the person bound to have possession of a firearm (and if necessary, a firearms licence relating to it), on such conditions that the court thinks fit. In order for this to occur, the court must be satisfied of three conditions: 1. That the respondent cannot carry on their usual occupation unless they are permitted to have possession of a firearm; 2. The behaviour in relation to which the order was sought did not involve the use, or threated use, of a firearm; and 3. The safety of any person, or their perception of safety, is not likely to be adversely affected by the respondent’s possession of a firearm.

WHAT DOES CASE LAW SAY? Farrell v Farrell [2000] WASCA 267 (Farrell case) discussed the issue of VROs, firearms orders and police officers being the person bound. This case was an appeal from the Court of Petty Sessions in Midland on the basis that the Magistrate failed to make a positive direction under the Act for the respondent to be authorised to carry a firearm.

On June 9, 2000, the Magistrate granted a VRO with a number of conditions however, the Magistrate omitted to include a condition in relation to the carrying of firearms by the respondent who was a police officer. The Magistrate made no order about firearms because the respondent carried a firearm as part of his occupation. This left the automatic provisions of section 14(1) of the Act to operate which, as a result, did the opposite of what the Magistrate intended and did not permit the respondent to possess a firearm. On appeal, Justice Miller ordered that there be a specific condition endorsed on the VRO that permitted the respondent to have possession of and/or carry a firearm in the course of his duties as a police officer.

WHAT DOES THIS MEAN? The Farrell case demonstrated that although the Magistrate didn’t consider the firearms order on the basis that the police officer respondent required a firearm for his employment, the current legislation requires that a firearms order be automatically attached to a VRO. If the firearms order is omitted, the automatic provision includes it and therefore, the police officer who is bound by the order is likely to unintentionally breach the VRO. Although a VRO is a civil order, breach of the order is a criminal offence for which there are consequences.

As a police officer, a VRO has a huge impact on both personal and professional life. It is unfortunate that applications for VROs against police officers are becoming more frequent. In some cases, VROs are utilised as a temporary means to prevent the person from seeing their children or in the case of police officers, prohibiting them from continuing with their employment.

WHAT CAN YOU DO? It is possible for both parties to enter into a mutual undertaking. This is a written or oral promise made to the court that you will refrain from doing certain things. Although the undertaking is not a court order and therefore not enforceable by the court, breaking a promise made to the court is greatly frowned upon. If reaching a mutual undertaking is not a possibility, you will have no other option than to proceed to an interim hearing to have the firearms condition lifted and further a final hearing to have the VRO set aside. The disadvantage of this is that it is a costly and cumbersome process.

If you have any questions relating to the content of this article or have a general enquiry, please do not hesitate to contact WAPU HQ on 9321 2155 and ask to speak to one of the team from Tindall Gask Bentley. 29 POLICE NEWS OCTOBER 2016


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Bought to you by

HEALTH

POLICE HEALTH

Avoiding hip-joint surgery HIP-JOINT WEAR AND TEAR IS a modern-day occupational hazard for many police officers. Lugging around a belt loaded with seven kilograms of vital equipment eventually takes its toll. The repetitive strain is compounded by sitting in a police car for long hours and repeatedly climbing in and out of a vehicle.

DID YOU KNOW? • Each hip bone is made up of three bones – the ilium, pubis and ischium – which are completely fused. • The first sign of hip osteoarthritis is often stiffness in the groin or thigh.

The same goes for officers on a bike or horseback and even those on foot patrol. Just standing and walking – never mind running – with that extra weight can cause degeneration of the hip joint. Duty-belt discomfort is a common complaint among uniformed officers and a significant health and safety issue. Left untreated, general soreness can turn into acute pain and each step becomes torture. Even sitting in a patrol car or sleeping becomes uncomfortable. In such cases officers may be forced to leave the police or be assigned to office duties. The repetitive wear can result in severe osteoarthritis where cartilage in the joint – which acts as a cushion between the bones – becomes rough or wears away completely. This causes the bones to rub against one another which causes acute pain. In these cases hip replacement surgery is often the only solution.

MANAGING THE PAIN The precise location of pain in your hip can provide clues as to the underlying cause. If you experience pain on the outside of your hip, upper thigh or outer buttock then this is usually caused by a soft tissue injury in the muscles, ligaments or tendons surrounding the hip joint. Damage to the joint itself tends to result in pain on the inside of your hip or groin.

Rest and pain relievers are a good option if the pain is only minor. Try to avoid repeatedly bending and prolonged sitting, and don’t sleep on the affected side. Ice packs or heat treatments may also help reduce the pain. Other potential solutions to avoid or reduce hip pain include: • Better loading of the duty belt and keeping hard objects, such as handcuffs, away from the lower back; • Placing something soft, such as latex gloves, over the lumbar spine area; • Adjusting the car seat and using a contoured seat and lumber cushion to provide maximum back support; and • Regular posture changes and rest breaks to avoid fatigue.

STRENGTH FROM EXERCISE While more ergonomic options for carrying equipment continue to be explored, officers can make life easier for themselves through exercises designed to strengthen the hips. The importance of exercise has been highlighted by a health study in Europe. The Norwegian Research Centre for Active Rehabilitation found that people with mild to moderate hip osteoarthritis can avoid hip surgery if they exercise regularly. People who participated in the fitness program were 44 per cent less likely to need hip replacement surgery six years later, compared with a similar group of people who didn’t exercise.

They also reported improved flexibility and a greater ability to perform physical activities. Significantly, x-rays of the joints showed that the progression of joint disease among those exercising was reduced. Before embarking on an exercise regime, it’s advisable to consult a physiotherapist who will design a program tailored to your individual needs and capability. Various exercises have been developed to strengthen the hip muscles and to reduce wear and tear in the joint. It’s best to start with basic hip exercises and as mobility and flexibility improves, intermediate and advanced routines can be added to the program. See your doctor if the pain is intense and your hip is swollen, and if you have trouble walking and can’t bear weight on the affected leg.

POLICE HEALTH SUPPORT Police Health offers generous benefits towards exercise physiology and physiotherapy treatment under our SureCover Extras, Platinum Health and Platinum Plus policies. This includes annual maximums of $850 per person for physiotherapy, or physiotherapy and exercise physiolog y combined. Exercise physiology has a sub limit of $400 per person and $800 for each family. Physiotherapy also qualifies for a rollover benefit of $1,700 per person.

ABOUT THIS ARTICLE This article provides a general summary only. Professional advice should be sought about specific cases. Police Health is not responsible for any error or omission in this article. The information provided reflects the view of the organisations from which the information has been sourced and does not represent any recommendations or views of Police Health. 31 POLICE NEWS OCTOBER 2016


Package a new car and save on tax

Proud supporters of

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MOTORING

FLEET NETWORK

The new Holden Colorado – rugged outside, refined inside UTES, OR TRUCKS (AS HOLDEN likes to call them), have exploded in popularity over recent years. Today, ute sales shine both at the entry level as workhorses and at the top end as lifestyle vehicles. Since the original Colorado was released back in 2012, Holden has done everything in its power to ensure the 2017 Holden Colorado delivers excellent quality and the extras that consumers are expecting.

With thousands of hours of vehicle development wor k under taken locally, in addition to hundreds of thousands of kilometres of global testing, Holden’s commitment to the ute product appears unwavering. The Colorado launched in Australia on September 1, 2016, has a mix of high riding 4×2 and 4×4 models, and a choice of cab chassis, single cab, crew cab and space cab designs. Year to date, the 4×4 Colorado range has seen a steady increase in sales, placing it amongst the best-selling players in the segment. The bulk of the new model changes have been made to truck’s front end, where there’s a new pair of headlights, a more aggressive bumper design, and a new interpretation of Chevrolet’s ‘twin-port’ grille.

To go along with the revised exterior, the Colorado’s dashboard has been completely redesigned with stronger horizontal lines and higher quality materials. Key to the interior changes are technology and safety. All Australiabound 2017 Colorado trucks will include electric power steering, a 7.0 or 8.0-inch touchscreen infotainment system with DAB+ digital radio reception, six speakers and Apple CarPlay and Android Auto smartphone mirroring compatibility. In terms of safety, all models feature seven airbags (including a driver knee airbag), 5-star ANCAP safety rating, rear parking sensors and a rear-view camera as standard throughout the range. The 2.7-litre turbo-diesel engine has been heavily revised to improve torque across the range, making it smoother and quieter. As with the last Colorado, leg and headroom up front is excellent. The same can be said for the rear, which is pretty impressive when you consider the size of the cabin and tray combined measure out to 5361mm in dual cab configuration.

2017 HOLDEN COLORADO RANGE • Single Cab Chassis LS - 4x2 or 4x4 • Space Cab Chassis LS – 4x4 Space Cab Pickup LTZ – 4x4 • Crew Cab Chassis LS – 4x2 or 4x4 • Crew Cab Pick Up – 4x2 LS, LT or LTZ • Crew Cab Pick Up – 4x4 LS, LT, LTZ or Z71

2017 HOLDEN COLORADO SPECIFICATIONS • Warranty: 3-year/100,000km • Lifetime capped price servicing: $349 each service for the first 4 years • Safety: 5-star ANCAP, 7 Airbags • Engine: 2.8-litre Duramax 4-cyl turbo diesel, 147kW/440Nm (manual) 500Nm (automatic) • Transmission: 6-speed auto, 6-speed manual; 4WD • Thirst: 7.9L/100km (manual), 8.6L/100km (automatic) • Towing capacity: braked at 3500kg and 750kg unbraked across the range • Dimensions: 1870-1874mm (W), 5103-5361mm (L), 1781-1800mm (H), 3096mm (WB) • Weight from: 2121-2128kg If you are interested in learning more about the new Holden Colorado, or any other vehicles, the team at Fle et Net wor k have e x tensive experience in vehicle purchasing and salary packaging.

Speak to one of Fleet Network’s expert Consultants for an obligationfree quote today. Let us show you how to best use your pre-tax salary and save thousands on your next new car. It’s one of the benefits of being a police officer. Make the call to Fleet Network on 1300 738 601 or visit www.fleetnetwork.com.au.

33 POLICE NEWS OCTOBER 2016


READ

BEHIND THE TAPE LANCE BURDETT RRP $32.99

New Zealand's top police crisis negotiator reveals the everyday drama of being a cop: the lives saved, the lives lost and the extreme pressure to perform under tough and confronting circumstances. Lance Burdett was in the police force for 22 years, in a variety of high-level roles: head of the negotiation team; running the 111 call centre; intelligence management; protection squad; and emergency responders. He worked on some of New Zealand's best-known cases, such as the Jan Molenaar case, where Lance headed the negotiation team, and the George Baker prison hostage negotiation with the man who murdered Liam Ashley. Behind the Tape is fast-paced, narrative-driven true crime that makes for a gritty, confronting read.

WATCH

OUTBACK COP

EVAN McHUGH and NEALE McSHANE RRP $35.00

TRAPPED

WENTWORTH SEASON 4

Birdsville is one of the most remote police postings in Australia. It can be lonely and uneventful for weeks, then the dramas come thick and fast: from desert rescues to rising floods, venomous vipers to visiting VIPs. Throw in heat, dust and flies and it’s not a job for the faint-hearted, unless you’re Senior Constable Neale McShane, who has singlehandedly taken care of a beat the size of Victoria for the past 10 years. Recently retired from this ‘hardship posting’, Neale and his family thrived on the adventures and colourful times that come with the territory in the furthest corner of our country.

Trapped tells the story of recently relocated police officer Andri Olafsson, who moved his life to a small town at the bottom of a beautiful fjord in the northeast of Iceland, leaving behind a questionable past in Reykjavik. After a ferry from Denmark pulls into the town’s port, a body is discovered floating nearby among the ice. Realising there is now a murderer in their small town, order disintegrates into chaos as the passengers and the residents realise they are all either possible suspects or possibly in danger. As Andri uncovers an intricate web of buried secrets, he also discovers that their only way to survive is a truth stranger than fiction.

Series four will see Bea battle two enemies. There is Kaz, made dangerous by her extremist feminist ideology, who regards Bea as the great betrayer to the cause, and Ferguson is on a mission to exonerate herself for the death of Jess – the walls of Wentworth will not be enough to protect the Top Dog. Franky is focused on making it on the outside and Vera has finally achieved what she wanted. Will is promoted to Deputy Governor and has a target on his back, a residual of past actions. Liz, Doreen, Maxine and Boomer return in the latest series loyal to Bea but the bond is tested as Kaz sets out to undermine the status quo of Wentworth and weaknesses are exposed.

RRP $39.99

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WIN

WIN

We have three copies of Behind the Tape (thanks to Allen and Unwin) and one copy of Outback Cop (thanks to Penguin Books Australia) to give away. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the book. Winners will be drawn on 1 November, 2016.

We have ten copies of Trapped (thanks to NIXCo entertainment) and five copies Wentworth Season 4 (thanks to Roadshow Entertainment) to give away. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the movie. Winners will be drawn on 1 November, 2016.

POLICE NEWS OCTOBER 2016


SEE

LISTEN

JACK REACHER: NEVER GO BACK

BARRY GIBB

SEASON COMMENCES 20 October Based on Lee Child’s Bestselling Novel Never go Back, Jack Reacher heads to D.C. to finally meet with Major Susan Turner, the current head of his old command, only to learn she’s been framed for treason. Jack Reacher must uncover the truth behind a major government conspiracy in order to clear their names. On the run as a fugitive from the law, Reacher uncovers a potential secret from his past that could change his life forever.

DOCTOR STRANGE

SEASON COMMENCES 27 October From Marvel Studios comes Doctor Strange, the story of world-famous neurosurgeon Dr. Stephen Strange whose life changes forever after a horrific car accident robs him of the use of his hands. When traditional medicine fails him, he is forced to look for healing, and hope, in an unlikely place – a mysterious enclave known as Kamar-Taj. He quickly learns that this is not just a centre for healing but also the frontline of a battle against unseen dark forces bent on destroying our reality. Before long Strange – armed with newly acquired magical powers – is forced to choose whether to return to his life of fortune and status or leave it all behind to defend the world as the most powerful sorcerer in existence.

ENTERTAIN ME

JESSICA MAUBOY

IN THE NOW Out now

SONGS FROM THE ORIGINAL TV SERIES – “THE SECRET DAUGHTER” Out now

Columbia Records has announced legendary Grammy award winning singer/songwriter/producer Barry Gibb will release his first solo album involving new material, In the Now, through Sony Music Entertainment Australia. The surviving member of one of music’s most successful and revered bands, the Bee Gees, (formed with his brothers Robin and Maurice), Barry has kept In the Now a family affair, writing all the songs with his sons, Stephen and Ashley. Produced by Barry and co-producer John Merchant, In the Now is only the second solo effort of Gibb’s career and his first album of all new material since the Bee Gees final studio album in 2001.

In her first major television role, ARIA and AACTA-winning singer, songwriter and actress, Jessica Mauboy, will star in The Secret Daughter, a contemporary family drama produced by Screentime for the Seven Network. To compliment the forthcoming TV series, Jessica Mauboy has delivered a truly amazing 17 track album featuring five original tracks (Risk It, Stuck In The Middle, Home To Me, Closer, Something About You) along with her interpretations of hits of today and the past including Flame Trees (Cold Chisel), Photograph (Ed Sheeran), Big Girls Cry (Sia), It Must Have Been Love (Roxette), Better Be Home Soon (Crowded House) to name a few.

WIN

WIN

We have two passes to give away to Jack Reacher: Never Go Back and Doctor Strange. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the movie. Winners will be drawn on 1 November, 2016.

We have five copies of In The Now and Songs From the Original TV Series – “The Secret Daughter” to give away courtesy of Sony Music Australia. To enter, email jessica.porter@wapu.org.au with your name, work address and title of the CD. Winners will be drawn on 1 November, 2016. 35 POLICE NEWS OCTOBER 2016


NEW MEMBERS

GREY AND GREEN SQUADS GRADUATE The WA Police Union welcomed two new squads of Members when Grey 1/2016 and Green 2/2016 graduated at the Police Academy on Friday, August 19, 2016. The two squads graduated under the watchful eyes of the Governor of Western Australia Kerry Sanderson, Police Minister Liza Harvey, Commissioner of Police Karl O’Callaghan and WAPU Acting President Brandon Shortland.

GREY SQUAD 1/2016

GREEN SQUAD 2/2016

David BENEDETTO Layla BOYD Jack CAIRNS Coen GREANEY Jose GUERREIRO Jenine HOLDER Rory HUNTER Hayden JONES Damien KEATLEY Kahli KING ELLIOTT Mark LANG James LARKAN Lachlan MCCALLUM Mikeal MCLEOD Samantha MIGAS Rhys MORRISSEY Joseph MYREN Jack O’DAY Natalie REKIA Tobias RICHARDS Gregg ROBSON Zachary ROTHNIE Jamie SOMERS Trent WALKER Nathan WHITE Sas WINIKEREI James WOLFE Gregory WOOD

Derek AUSTIN Joshua AXCELL Sorin BOATA Danica BRASSINGTON Katherine BURKE Benjamin COLEMAN Daniel CROSS David DODSWORTH Brett EATON Aimee ELLISON Robert ETHERINGTON Adam FOSTER Paul HAVENSTEIN Courtney HAY Peter HAYWOOD Luke HOSKING Dylan JONES Dylan KIRK Riette KRUGER Rebecca LYNAGH GALVIN Malala MBEDI John PEARS Michael ROBBINS Curtis SIMON-MENASSE Simranjeet SINGH Maree SMITH Leigh THORNTON Jake WILLIAMS Kristy WILLIAMS Aidan YOUNG

36 POLICE NEWS OCTOBER 2016


RETIREMENTS & RESIGNATIONS

VALE

RETIRING MEMBERS

RESIGNING MEMBERS

7058 Lorraine BROWN 7247 Douglas BUSH 8634 John McLAREN

7617 Michael CROOK 9035 Natalie MORRIS 9985 Geoffrey SMITH 11098 George KOUTROULOS 11520 Travis JOBE 12287 Daniel O'ROURKE 12507 Tate ALEXANDER 13177 Paul HOBDEN 13519 Tammy MORRIS 14027 Robert COALES 15162 Arron WARD 15387 Nicholas McCARTHY 15996 HAMISH KYDD 16273 DARREN BLOCKLEY 16278 RICKY BROWN 16294 LOUISE FLEMING 50015 CRAIG TIMMS 50886 ROBERT BIDDLE 99466 JASMINE KNUCKEY

EMERGENCY 24/7 DIRECTOR 0438 080 930

RETIRED 4999 WILLIAM GORRINGE Sergeant Aged 65

RETIRED cont. 3469 Superintendent ROBERT LESLIE CULLETON Aged 78

5559 Sergeant JOHN CARL GRIFFITHS Aged 70

4471 Senior Constable KENNETH JOHN GRAPES Aged 65

2415 Third Class Sergeant DAVID WILLIAM HENNEKER Aged 87

2473 Second Class Sergeant PATRICK HUGH MOONEY Aged 90

3115 Superintendent ROBERT CHARLES ATKINSON Aged 81

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

37

POLICE NEWS OCTOBER 2016


FROM THE ARCHIVES

POLICE WINTER GAMES

OCTOBER 2000 WITHDRAWAL OF PERJURY CHARGED TURNS UP HEAT ON ACC The political and media heat on the Anti-Corruption Commission (ACC) was turned up in October 2000, when the Director of Public Prosecutions withdrew perjury charges against five serving and former police officers. Then WAPU President Michael Dean said all blame for the fiasco was attributable to the ACC. “It has acted extremely improperly to say the least,” Mr Dean said. “In court today, it has been shown to have withheld relevant evidence from the prosecuting authority. “Additionally, the ACC’s case has again shown the extent of its own professional shortcomings. “Unfortunately, the result has been the tarnishing of fine police reputations, the devastation of family relations and the ruination of careers.”

Three WA police officers attended the four-day Australian Police Winter Games in 2000. After being relegated to Grade B on Day One, Day Two saw the team compete in three cross country races and finished with downhill events on Days Three and Four. By the end of the event, the WA Team took home two gold medals and one silver medal.

YOUTHBALL SUCCESS IN JOONDALUP Introduced in 1999, Youthball was a Joondalup Police District initiative designed to improve relations between local youth and police officers. Officers from various sections would attend a local high school to play a game of basketball during lunch periods. The teams who participated were made up of police and students and the crowd would barrack for either the light blue or dark blue team.


ON DUTY. ALWAYS.

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Because Police Health is a not-for-profit organisation, the benefits come back to us... and we get a lot more out of it.” Simone Beale (N.T.)

We’ve got your back. We know your job is anything but ordinary, which is why we’re anything but an ordinary health fund. We’re not for everyone. We’re only for police and their families. We’re not run for corporate investors or overseas owners.

We’re run by police for police. So we understand exactly what you need and, importantly, what you don’t. To find out more call us on 1800 603 603 or go to policehealth.com.au

If you had an ordinary job, all you’d need is an ordinary health fund. But you don’t, and that’s why you have us.

Police Health Limited ABN 86 135 221 519, a registered not for profit, restricted access private health insurer.

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