We say farewell to Sergeant Harry Russell after an outstanding 45-year career.
Changing paths
Constable Raymond Johnstone explores transitioning from lawyer to police officer.
Reunion to remember Academy Class 3/74 held a 50-year reunion to remember.
THE MAGAZINE FOR THE
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POLICE NEWS
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POLICE NEWS
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BRANCH PRESIDENTS
Academy Scott Sulley
Air Wing
Armadale
Avon
Julian Martin-Robins
Warren Dowbysch
Kristi McEvoy
Bunbury Australind Jason Gentili
Cannington
Frank Anderson
Central Great Southern Michael Beck
Central Midlands Michael Paterson
Central West Coast Contact WAPU
Commissioned Officers Martin Voyez
Crime Support & Services Sam Kelsey
East Kimberley
Daniel Bordoni (Vice President)
Eastern Goldfields Luke Mayhew
Eastern Wheatbelt Contact WAPU
Financial Crimes
Natasha Lee
Fortescue Corey Jouana
Fremantle Rosanna McKee
Gascoyne Contact WAPU
Geraldton Peter Gerada
Great Southern David Swain
Intelligence Operations Contact WAPU
Joondalup Jon Bailey
Leeuwin Naturaliste Brad Walder
Licensing Enforcement Simon Sustek (Vice President)
Road Policing Group South Aaron Hickey (Deputy Vice President)
Rockingham Kwinana Dayna Rigoir
Serious & Organised Crime Contact WAPU
Sex Crimes Jason O’Keeffe
Southern ROG Steven Kent
State Operations Command Craig Anderson
State Traffic Operations
Peter Birch
Traffic Enforcement Group North Rachel Bushby (Secretary)
Upper Great Southern Brandon Mitchell (Vice President)
Water Police Steven Bradley
West Kimberley Simon Hibble
West Pilbara Ian Zuidema
Westralia Square Branch Mark Johnson 5
TARA DOYLE Chief Executive Officer
MATTHEW PAYNE Research Officer
JOSHUA BRINKMAN Industrial Officer
HILDA JANZEN Finance Manager
KEVIN McDONALD Field Officer
TARRYN SMITH Finance Officer
JASMINE LODA-BATEY Media Officer
GARY KEENAN Field Officer
MARTINA MALEY Corporate Affairs Officer
MATT HUDSON Field Officer
RENEY NAIRN Corporate Communications Manager
LEESA CAVANAGH Temporary Member Services Officer
PETER ROGERS Secretary
BRONTE MADDOCK Risk and Compliance Officer
BRAD SINCLAIR Finance Officer
PENNY BROWN Member Services Officer
ANGELA NAUMOSKI Receptionist
Police Federation of Australia
Western Australia Police Branch
ELECTION NOTICE - E2024/84 - Stage 1
Scheduled Election
Fair Work (Registered Organisations) Act 2009
Nominations are called for Branch Executive Members from the following regions:
Metropolitan (11)
Northern (Kimberley/Pilbara) (1)
Central (Mid West - Gascoyne/Wheatbelt) (1)
Eastern (Goldfields/Esperance) (1)
Southern (Southwest/Great Southern) (1)
Nominations, which must be in writing and comply with the registered rules of the Organisation, may be made at any time from 12/08/2024.
A nomination form is available for electronic completion on the AEC Portal, www.aec.gov.au/ieb/. However, the nomination form must then be lodged in accordance with the Organisation's rules (see below). Additional forms are available from the Returning Officer.
Prospective candidates and nominators should verify their financial status and any other qualifications required by the Organisation's rules prior to lodging nominations.
Nominations must reach the Returning Officer via the lodgement method(s) stipulated below not later than 12:00pm (noon) Australian Western Standard Time (AWST) on 26/08/2024.
How to lodge nominations, nominations must be lodged via the following method(s):
By Portal: Australian Electoral Commission Portal, www.aec.gov.au/ieb/ By Email: A properly completed nomination form including all necessary signatures and attachments may be scanned and submitted as a pdf file to IEBnominations@aec.gov.au
PLEASE NOTE:
1. Emails to the AEC inbox that appear to be spam may be blocked. It is the responsibility of senders to ensure that their email reaches the AEC before the deadline for nominations.
2. In order to be able to be received by the AEC, emails (including attachments) should be no greater than 6 MB in size.
3. You may call 03 9285 7111 or 02 93756366 to enquire about the status of your nomination.
4. The subject line of your email should include the reference: E2024/84 PFA WA - nomination and (your name).
Withdrawing Nominations
Nominations cannot be withdrawn after 12:00pm (noon) Australian Western Standard Time (AWST) on 26/08/2024. A withdrawal request is required to be signed by the candidate and witnessed by an elector
Candidate Statements
Candidates may submit a statement to be included with ballot material. Candidate Statements not exceeding 250 words in Microsoft Word format together with a photograph not exceeding 6 cm x 4 cm in size can be submitted Only statements which comply with the Rules of the Organisation and are received by the Returning Officer by 12:00pm (noon) (Australian Western Standard Time (AWST)) on 26/08/2024 can be accepted.
Voting Period
The ballot, if required, will open on 13/09/2024 and close at 10:00am Australian Eastern Daylight Time (AEDT) on 14/10/2024. A postal vote pack will be mailed to eligible voters on 13/09/2024.
Replacement Voter Pack
If the postal vote pack is not received by 25 September 2024 voters may contact the AEC to request a replacement voter pack by calling 02 9375 6366 or 03 9285 7111 or by sending email to IEBevents@aec.gov.au. If you are on the Roll of voters, a replacement ballot pack will be sent by regular mail.
Scrutineers
The appointment of scrutineers opens 12/08/2024. Each candidate nominated for election, by providing written notice to the Returning Officer by 7/10/2024, may appoint a scrutineer A form is available from the Returning Officer for the purposes of appointing Scrutineers.
Other Information
Changed Address? Advise your Organisation now. The postal vote pack will be sent to your current postal address as provided to the AEC by your Organisation.
Please Note: A copy of the AEC's election report can be obtained from the Organisation or from the Returning Officer after the completion of the election.
Ishtiaq Ahmed Returning Officer
Telephone: 03 9285 7111
Email: IEBevents@aec.gov.au
29/07/2024
PAUL GALE President
Welcome to our September edition of the Police News Journal
As part of our evolvement, we have onboarded new staff members to meet the ever-increasing demands. Currently, we are engaged in our 2024 Police Officer Industrial Agreement.
We continue to challenge WA Police and the State Government to recognise and acknowledge policing is becoming increasingly difficult and our officers require more incentives and support to be retained.
The increasingly violent situations, the scrutiny over every action and the lack of resourcing, these are just a couple of issues you are facing daily. These issues are taking a toll on our police force which is unacceptable.
Until working conditions, wages and retention is improved within the agency, we will continue to fight and be your voice at the bargaining table. If the State Government expects a police force that is operating smoothly, serious measures need to be taken to improve the already dire situation.
Until working conditions, wages and retention is improved within the agency, we will continue to fight and be your voice at the bargaining table. If the State Government expects a police force that is operating smoothly, serious measures need to be taken to improve the already dire situation.
INCREASED SERVICES
Over the last year, WAPU has worked toward increasing and enhancing the range of Member services. As of April 2024, Members now benefit from an increase to the standard life insurance coverage changing as follows:
• Base amount of insurance has increased from $100,000 to $145,000. A Member can still purchase additional units for higher coverage at an additional cost.
• The age limit, provided a Member is currently covered within the terms and conditions of the insurance policy, has increased to 70 years from the previous 65 years for automatic coverage with no medical assessment required.
• The increase to this service has been provided at no further cost you as a Member.
WAPU continues to transition to the improved organisational structure commencing with the introduction of a Chief Executive Officer (CEO). The restructure will better align our Member focus.
Since the commencement of 2024, new people to our organisation have included:
We have enhanced our legal support, and sought new benefit offers. Additionally, we continue to maintain and improve our holiday home accommodation. We have received your feedback and are committed to the ongoing refurbishment of our holiday homes to improve user satisfaction.
WA Police Union (WAPU) has been busy growing to make our services and deliverables better for our Members.
I would like to thank all our Members who contributed and took the time to respond to the survey, your responses will go a long way in strengthening our position as we continue to argue our case against the government and WA Police.
In the last year we have secured a range of new Member benefits for our Members including significant discounts with The West Australian, Audika, Hilton, Accor Group, Adora Fertility, Garmin and more.
We recently upgraded our website retiring the old one after more than 10 years of service. We understand, at first, change is difficult, however in the long-term this website will perform as a user-friendly platform where Members are able to access information in a simpler and faster manner.
2024 POLICE OFFICER INDUSTRIAL AGREEMENT
On 8 August, our officers were provided an offer to replace the Western Australia Police Force Industrial Agreement 2022.
We elect our government officials with the expectation that they will serve us diligently and with our best interests at heart. Unfortunately, this offer fails to meet that standard—it’s an outright insult.
Understanding the challenges faced by police officers isn’t easy unless you’ve walked in their shoes, but that’s exactly what we expect from our government. The officials who delivered this offer were elected to familiarise themselves with the needs of the public sector, including those who protect our community—our constituents, our voters. When those who safeguard our community are dissatisfied, it’s the community that suffers—the same community the government vowed to protect.
The Cook Government has failed our police officers. This offer shows a glaring lack of recognition and understanding of the challenges our officers face.
Despite serving in the world’s largest single police jurisdiction, our officers are stretched thin, battling understaffing, poor rostering practices, inadequate pay, and housing shortages in rural areas. We face immense scrutiny for every action we take, and this is just the beginning.
PAOs are an integral component of the success of our police force, supporting police officers in their duties on the frontline. For this reason, many of the items simply seek parity with fellow police officers, to show recognition and acknowledgement for the role.
Following the offer, we sent out an education package to involve our Members in the decision-making process as well as a survey gauging feedback and responses to the offer.
I would like to thank all our Members who contributed and took the time to respond to the survey, your responses will go a long way in strengthening our position as we continue to argue our case against the government and WA Police.
In late July 2024, the PAO Log of Claims was lodged with the Commissioner of Police. Lodgement occurring four months prior to the expiration of this agreement.
WAPU engaged with Members, seeking what was widely felt and most important to our PAO Members with the focus of attracting and retaining more into the role. PAOs are an integral component of the success of our police force, supporting police officers in their duties on the frontline. For this reason, many of the items simply seek parity with fellow police officers, to show recognition and acknowledgement for the role. ▷
REGIONAL BRANCH AND STATION VISITS
Almost 2000 of our Members serve the community of regional WA. We have integrated regional travel into our schedules here at WAPU, attending branch meetings and conducting station visits.
Since the June Police News edition, I have attended the Pilbara, Goldfields, and Gascoyne regions. I have connected with Members and discussed local issues and have provided real-time support where possible. Senior Vice President Dave Flaherty has visited Eucla and Esperance and several other stations in between, enacting the same tasks as myself.
Recently, WAPU attended Geraldton to support our Members during the JC Coronial Inquest. Our Field Officers accompany me and Senior Vice President on these regional visits to assist our Members in the managerial process and matters pertaining to Members’ working conditions.
Our visits have been vital, particularly with the industrial bargaining taking place. Educating our Members on the IA process and gathering information on the challenges our Members are facing assists us in forming our argument against government.
Some issues raised, which have been noted on previous regional visits, include the lack of GROH housing and maintenance. Unoccupied vacancies placing extra pressure on officers in locations, outdated IT and the outdated inequity of subsidies for utilities contribute to the lack of police resourcing.
Not to mention the archaic attraction and retention allowances intended to incentivise our officers to go to the regions and stay for longer periods. They have hardly kept track with the increased cost of living pressures.
We will continue to work with the agency and State Government to address and resolve these issues.
I thank every single Director, some have left, and others have joined during, not only dedicating a large portion of their (very little) free time, they have supported my role as President in navigating changes, and ensuring all our Members are getting value for their membership.
ELECTION YEAR
At the rise of this year’s Annual Conference, on 26 November, the current Board of 15 Directors will be replaced by a newly elected Board. This Board have served the membership diligently for the last three years. Concentrating on improving governance, implementing a stronger and sustainable organisational model, and improving service to Members has been the key outcomes on their agenda.
I thank every single Director, some have left, and others have joined during, not only dedicating a large portion of their (very little) free time, they have supported my role as President in navigating changes, and ensuring all our Members are getting value for their membership.
Our visits have been vital, particularly with the industrial bargaining taking place. Educating our Members on the IA process and gathering information on the challenges our Members are facing assists us in forming our argument against government.
Secretary welcome
We are proud to announce the appointment of Peter Rogers as our new Secretary.
Peter brings with him diverse experience from working in the not-for-profit, Local Government, and university sectors. He brings a wealth of knowledge to the Union in the areas of law, governance, and strategic leadership.
Peter arrives at WAPU after five years employed with both Curtin University and Edith Cowan University in roles ranging from Chief of Staff to Senior Advisor, Policy, and Governance.
Peter has accumulated invaluable experience which will assist in strengthening our Union and ultimately assisting our Members.
“I believe in the importance of member ownership and involvement within organisations of which they are a part. I also understand the value of being involved in something bigger than yourself to make a difference.
“I have a deep and unwavering commitment to the Union movement and what it stands for, which is what attracted me to this role. I enjoy working in purpose driven organisations.”
A Local Government councillor of 10 years with the City of Mandurah, Peter sits on a number of boards, including South West NRM and May Shaw Health Centre. These experiences will be beneficial in assisting the WAPU Board as he transitions into his new role as Secretary.
“I have a deep and unwavering commitment to the Union movement and what it stands for, which is what attracted me to this role. I enjoy working in purpose driven organisations.”
“I’m excited to introduce contemporary governance practices to the Union so that they can deliver on their strategy,” says Peter.
We welcome Peter to the team, bringing with him an impressive professional history and a performance driven attitude. ■
FROM WAPOL TO WAPU: The journey of Peter McGee
Growing up with dreams of becoming a Police Officer, Sergeant Peter McGee’s dreams came to fruition when he was accepted into the WA Police Academy in 1987. During his career with WAPOL, Peter was a detective and completed multiple rural stints.
“I was never tied to a certain path within policing, I just wanted to get the job done and do it to the best of my ability. I have been back in uniform a few times and went where I felt I could best serve and was needed me most.”
Hailing from a family of fierce unionists in Northern England means unionism was always in Peter’s blood. Growing up exposed to strong union ethos, including an uncle who served as the Secretary of the Greater Northern Unions, meant being a part of the WA Police Union was always important to Peter.
“I originally wanted to get involved with WAPU because I am a firm believer that the only way to make a difference is to be a part of something. You can’t change a game by shouting from the bleachers.”
Peter has been a firm advocate of WAPU since his early days in policing, first joining as a Member and then serving as a Branch Official. Peter then went on to serve as a Board Director for five years, then, most recently working as WAPU’s Union Secretary.
“It has been a really great opportunity to learn and be a part of change. A large part of my role was to help prepare for the Chief Executive Officer implementation, so it was very different to a traditional Secretary role in that sense.
“I’m leaving knowing the Union is on a good path right now. There’s certainly a lot of work to be done but we are on the right track.”
Of his year as Union Secretary, Peter described it as a fantastic learning opportunity that allowed him to help make a real difference in the lives of WA Police Officers.
“It was a great place to work with really dedicated people who genuinely care about the membership and want to make a difference. I learnt a lot from my time there.”
Peter concluded his role as Secretary in July and will be returning to duty within the Investigation Management branch at Gosnells Police Station.
We extend our thanks to Peter for his time at WAPU and wish him the best in his future endeavours. ■
“I originally wanted to get involved with WAPU because I am a firm believer that the only way to make a difference is to be a part of something. You can’t change a game by shouting from the bleachers.”
CHANGING PATHS
Q&A with Constable Raymond Johnstone
Could you share your experience working at the CSA and what drew you to work for a union?
At the outset of my career, I looked for job roles that would provide me with exposure and the CSA had a great industrial office and lawyer team. When I started working there it was led by Commissioner WALKINGTON, so the position exposed me to a lot of very experienced Unionists.
My work there allowed me to play an active role in representing individual members as well as being a part of large negotiations. From assisting members with day-to-day questions about employment conditions to representing individuals in employment disputes. We ensured members received their full entitlements under relevant awards and agreements to help with research to assist organisers and others in negotiating new agreements, the exposure to how trade unions worked was a great experience.
On top of this, I always had an interest in roles where my contribution directly supported individuals in their lives. Employment conditions impact people, so being a part of an organisation that’s primary focus is to make work life better for its members was ideal in that regard.
Can you describe your time practicing as a lawyer?
I spent a lot of my time as a lawyer working with clients and appearing in the Family Court and Magistrates Court.
Like policing, it was challenging but rewarding and, in many ways, the job roles are the same. You are often working long hours, under a lot of stress, managing and supporting clients who are going through the worst times in their lives.
The environments and issues you deal with can change very quickly. One minute you are doing research for a matter that has been in court for years and the next you could be running to court to assist in making urgent recovery order applications (an order directing police to recover children from a parent where that child is exposed to risk).
Both roles have allowed me to directly impact people’s lives in a positive way.
What inspired you to transition from
being
a lawyer
to becoming
a police officer?
Prior to University, I had an interest in becoming a police officer. It drew my interest largely because of the wide variety of job roles it offers, all whilst remaining a police officer.
The option of changing roles and business units throughout my career and experiencing different areas to develop skills excited me. The ability to work in regional and remote areas, specialist units and perform roles you can’t do anywhere else is what drew me to the job.
How has the transition been for you?
It has been challenging but rewarding. It is always difficult to give up a career and job you know to something unknown, but that has made it an exciting challenge in many ways.
Overall, WAPOL provides you with the training and support you need. I was lucky to have worked most of my probation with very helpful and supportive police officers who made learning the job much easier and the transition much smoother.
Additionally, having a legal background and some military experience has made policing come naturally. However, there is also a lot to policing that is unique and overall it is dynamic, so it has not been without its challenges, but it has always been worth it.
What prompted your decision to go regional?
Primarily, I was chasing the experience and to be in a challenging location where I would be exposed to significantly more than I would have been in the city.
South Hedland is a very challenging and a demanding location to police as there are a wide range of challenges, not only with the complexity of jobs, but also with the volume. Having less resources than one would have in metropolitan means a lot more falls on patrol/inquiry officers, so there is much more exposure to different jobs.
There are obviously also a lot of additional draws to regional, both financial and career wise, from incentives such as free rent to more training and advancement options for courses.
There is a lot of benefit to going regional.
You are becoming active in your branch; why is that significant to you? What motivates you to get involved with the WA Police Union?
Police enjoy good working conditions. There are areas of those conditions that need work and conditions can quickly fall behind, meaning that strong ongoing Union engagement by its Members is important.
It’s easy to feel like you don’t need the Union when things go well, but usually things are going well in the workplace because of the work Unions are doing or have done in the past.
As such, I think Members doing what they can to work with and support the Union is vital to ensuring we continue to enjoy good working conditions that fairly reflect the work we do. ■
“Police enjoy good working conditions. There are areas of those conditions that need work and conditions can quickly fall behind, meaning that strong ongoing Union engagement by its Members is important.”
End of an era: Sergeant Harry Russell
Sergeant Harry Russell retired on 28 August 2024, after 45 years of service in the WA Police Force and decades of contribution to WA Police Union (WAPU).
Harry was 19 and had just completed his accounting degree at what is now Curtin University when a classmate handed him a Police Recruitment poster. Knowing he did not want to go into a career in accounting, Harry took the poster and signed up immediately.
“I had no idea what I wanted to do after completing university so when I saw that poster I thought, why not join the police.”
Fresh out of the academy, Harry was first stationed at Subiaco Police Station where his colleagues encouraged him to go regional. During his tenure, Harry worked across a range of departments and regions, including completing multiple regional stations across the Kimberley in Broome, Derby, Kununurra, Fitzroy Crossing, Halls Creek and in the Goldfields.
“I was a single man when I was in the Kimberley and during my time in Broome, the single men would relieve the married men in neighbouring stations, so we picked up a lot of hours relieving.
“I loved my time in country. Sometimes we would be in outposts like Medina where you are thousands of miles from anywhere. Lombadina was the sort of place that was so quiet and calm, making me feel like I was the only person on earth, it was wonderful.”
After the Kimberley, Harry returned to Perth and worked in the Commercial Agents Squad who relieved detectives across the city. He was also a part of the Consorting Squad, the Vice Squad, Fraud Squad, and the Commercial Crimes Squad.
“In the commercial agent’s squad we looked after the security industry, so, when the Casino started it was our job to interview potential employees. I did that for a few years then moved to the Goldfields in the Gold Squad.
“The Gold Squad was based in Kalgoorlie and dealt with gold stealing. I was there for six years and travelled all over the state and sometimes interstate to Tasmania and New South Wales. It was a lot of fun chasing gold robbers.”
During this time Harry had a wife and two young children who resided in Kalgoorlie with him. Eventually, the family relocated to Perth but Harry, not wanting to go back to the hustle and bustle of the city, transferred to Mandurah Station where he has remained.
“I had a lot of different roles in Mandurah, and I loved it there. During my time the station changed districts a lot, so technically I was transferred seven times but never moved more than ten feet.”
“I have been a staff officer at District Office, then as a Governance Officer. I was the firearms trainer for a while but mostly I have been a shift supervisor.”
Throughout his impressive career, Harry has always been a steadfast supporter of WAPU, having signed up during his academy training.
“I remember it like it was yesterday. A couple of guys walked in wearing suits and told us to sign their forms. I was 19 and knew nothing about Unions, so I signed.
“The men also told us to sign up for superannuation which was the smartest thing I have ever done. Signing those forms meant I had the support of the Union during my career, and I will retire very comfortably.” ▷
“It’s all about helping your brothers and sisters and that’s what the Union does.
For anyone that wants to join but are on the fence, I say go for it.”
After serving as Branch Secretary for 12 months, Harry stepped up to Branch President at Mandurah BRANCH. He has now held the position for 30 years. Harry Russell previously served as a Board Director board for eight years during 2013 until 2021 before leaving that role in the last election.
“I always wanted to be an active part of the Union because I knew that it was the best way to get information directly from the horse’s mouth. I have found that if you don’t get the information direct then it gets tangled along the way.”
“I have walked many people through Managerial interviews and helped a lot of officers in my time with the Union. I have been exposed to lots of different people and situations and have always tried to help through my role.”
A lifelong Union Member who has gone above and beyond, Harry was awarded Lifetime Membership at the 2023 Annual Conference Dinner, of which he was completely shocked to receive.
“I wasn’t expecting Lifetime Membership, but I was incredibly honoured to be awarded. It was a great memory that I will cherish.”
Of why being involved in the Union is important for WA Police Officers, Harry claims it’s the support.
“It’s all about helping your brothers and sisters and that’s what the Union does. For anyone that wants to join but are on the fence, I say go for it. It’s great for your own development and gives you the ability to make a difference in people’s lives.”
Now, with the days counting down to his retirement, Harry is excited to enjoy his time with his family relaxing and enjoying the quiet.
“I served 45 years, and it was amazing. I know I’ll miss it, but I’ve got enough retired friends that I’ll be fine. I look at old photos and it feels like just yesterday that I joined. I know that it’s not the end but simply another beginning.”
“I met a lot of great people, worked with some amazing colleagues and was the part of a great Union. I’d say I’m lucky,” concluded Harry.
We wish Harry all the best in his retirement and thank him for his dedicated service to both the WA community and WAPU throughout his 45 years of service. ■
MARTIN VOYEZ Treasurer
Beyond a Time for Change
“Truth or proof – prior notice and disclosure of the critical issues are a fundamental aspect of procedural fairness”
A main reason WA Police Union exists is to support Members through difficult times. Often, those difficult times stem from allegations of misconduct. I write this in follow up to ‘Time for Change’ written by Senior Vice President Dave Flaherty in the June edition. Mr Flaherty shines a light on the adherence to the principles of procedural fairness and natural justice, especially when applied to misconduct investigation practices and procedures.
There is no doubt being investigated for a misconduct complaint is one of the most stressful events an officer will face in their career. We hear horrific cases of officers whose lives – and those of their loved ones – have been put on hold while unnecessarily lengthy investigations play out. The detrimental impact this has on their mental and physical wellbeing continues long past the years of investigation.
Feedback from Members is that prior to the managerial interview, allegations against them were not disclosed, at least not in sufficient detail in which they could properly prepare through the gathering of exculpatory information. In other words, procedural fairness principles are not being applied correctly. Our Members are attending managerial interviews unprepared and therefore are at a distinct disadvantage when responding to questions.
So, what are the principles of procedural fairness and natural justice?
Adopting an open and transparent approach ensures that the investigation seeks to uncover the truth, rather than merely to prove an allegation.
‘Procedural fairness’ is thought to be the desirable term when talking about following the correct process for managerial and discipline matters, because the term natural justice is usually associated with procedures used by courts of law. However, the terms have a similar meaning and are commonly used interchangeably.
Procedural fairness focuses on the methods and processes used by a decision maker, rather than the outcome itself. It ensures a fair and proper procedure is applied to the subject officer. For example, a Member under investigation should be given a reasonable opportunity to prepare and present their case, which includes being informed of the specific allegations against them. Early notification not only helps the officer prepare, but also prevents the loss of evidence. Adopting an open and transparent approach ensures that the investigation seeks to uncover the truth, rather than merely to prove an allegation.
Now we know what they are and how they should be applied in practice?
To the Member.
A critical part of procedural fairness is ‘the hearing rule’ Fairness demands that a subject officer be told the case to be met in a detailed and timely manner and given the chance to reply before a decision is reached. Especially when that decision negatively affects a right, an existing interest or a legitimate expectation which they hold. Put simply, hearing the other side of the story is critical to good decision making. This is currently not happening in every case.
For the Investigating Officer: Procedural fairness requires the Investigating Officer to inform the subject officer of the main points of any allegations or grounds for negative comment against them. This allows the subject officer a reasonable opportunity to prepare and present their case, whether in a written report or at a managerial interview. It is crucial to consider all relevant circumstances of each individual case before deciding how the person should be allowed to respond to the allegations.
This means ensuring that the subject officer has had a fair hearing in a timely manner, not too early or too late in the decision-making process.
Member trust in the system will erode if they believe the principles of procedural fairness and natural justice are not being applied. Many Members already express concerns about the lack of detail prior to the interview stage. Protracted, disproportionate investigations cause immense stress and anguish, negatively impacting both the work and homes lives of our Members.
To the decision maker.
For the decision makers: When making a decision that affects the rights, interests or legitimate expectations of a subject officer, the decision maker must comply with the rules of procedural fairness. This means ensuring that the subject officer has had a fair hearing in a timely manner, not too early or too late in the decision-making process.
To address a lack of adherence to these principles, once a decision has been made to investigate a complaint and an officer is to be treated as a subject officer, a Written Notice should be served upon them as soon as reasonably practicable, ideally within seven days. This notice informs the officer that an allegation has been made and provides them with an early opportunity to gather evidence to present their case to the investigator. Essentially, the Written Notice outlines the alleged conduct and explains how that conduct is considered to fall below the standards of professional behaviour.
This gives the subject officer notice, in writing stating –
• Specific information of the allegation, including:
■ particulars of how the alleged conduct falls below the standards set out within our Code of Conduct; and/or
■ in more serious matters, where the investigation relates to an allegation of misconduct contrary to the Police Force Regulations, germane particulars.
• That there is to be an investigation, and the identity of the Investigating Officer.
• The initial assessment of whether that conduct, if proved, would amount to misconduct or gross misconduct.
• The subject officer’s right to seek advice from their WA Police Union representative or a person in the role of an interview friend.
• The right to make representations to the investigator in response to the Written Notice, and the requirement for the Investigating Officer to consider them outside a formal managerial interview.
Alongside the written notice, additionally, the Investigating Officer can prepare the terms of reference for the investigation and provide them to the subject officer, with certain exemptions. To ensure compliance, the Written Notice can be enshrined in policy or regulation.
By providing the subject officer with an early opportunity to understand the substance of the allegations through the formal Written Notice, the principles of procedural fairness and natural justice can be correctly applied. Once a Written Notice has been served, the Investigating Officer should continue to update the subject officer on the progress on their investigation. Updates should occur at the 30- and 60-day mark, and every 15 days thereafter if the investigation extends beyond the standard timeframe for internal investigations.
Member trust in the system will erode if they believe the principles of procedural fairness and natural justice are not being applied. Many Members already express concerns about the lack of detail prior to the interview stage. Protracted, disproportionate investigations cause immense stress and anguish, negatively impacting both the work and homes lives of our Members.
At the core, we aim to ensure our Members are treated fairly in the future through the correct application of procedural fairness and natural justice principles.
WAPU Warriors are Freezin’ for a Reason
“Let
me win. But if I cannot win, let me be brave in the attempt.” –Special Olympics Athletes Oath
This year, the WAPU Warriors took on the 2024 Polar Plunge at Hillary’s Boat Harbour and got freezin’ for a reason on 3 August.
Raising awareness and funds for people with intellectual disabilities to participate in sporting programs, the Law Enforcement Torch Run is a global movement involving more than 100,000 officers.
This year, the team included President Paul Gale, Corporate Communications Manager Reney Omar, Media and Communications Officer Jasmine Loda-Batey, Industrial Officer Joshua Brinkman, and Fleet Network’s Frank Agostino and Garrick Ibbotson.
Through generous donations, WAPU was able to raise $2,006 this year. The day overall raised over $60,000 which will have an incredible impact on WA athletes.
The funds raised from the Polar Plunge will greatly benefit people with intellectual disabilities and Special Olympic athletes in WA by providing equipment, sporting programs, events, medals and more. There are many ways to get involved in this great cause and the WA Police Union is proud to have been involved in this event for the fourth consecutive year. ■
FIND OUT MORE
For more information and all the photos from this year’s event visit specialolympics.com.au/ news/polar-plunge-wrap
On 11 June 2024, we commemorated one year of Constable Anthony Woods (17631) who tragically lost his life. Constable Woods was fatally injured while on duty, dragged under a stolen vehicle while attempting to apprehend an assailant.
Anthony Woods Memorial Match
The passing of Anthony sent ripples of grief not only across the globe but particularly among his loved ones, friends, and fellow colleagues in Western Australia.
On 15 June, the Winnacott Eagles Amateur Football Club held a commemorative event in honour of Anthony, who was a former player at the club. The event took place at Winnacott Reserve in Willagee, where they competed against Roleystone with the Eagles taking home the win.
Among those present was President Paul Gale, and Board Director Scott Sulley.
The day raised a total of $5,000 for WA Police Legacy who support the families of fallen officers. This event proved to be a great way to commemorate the life of Constable Woods and all first responders who risk their lives daily in the line of duty. ■
REUNION TO REMEMBER
On 15 July, President Paul Gale attended the 50th Anniversary reunion of WAPOL Academy Class 3/74.
Of the 71 men who trained and graduated together in 1974, 28 attended the anniversary celebration, chatting like no time had passed. The squad have had many previous catchups, including a 30th anniversary celebration and frequent mid-year catchups.
The lead organiser of the event, Bernie Iriks, told Police News he started planning for the event in 2022 with the initial task of tracking down as many squad members as possible from his academy class.
“Very strong friendships were formed during the academy and some of us worked together in policing after graduation, but generally most of us have not seen or heard from our friends for many years.
“It wasn’t easy tracking everyone down as several had left the force many years ago and 14 have sadly passed away, with a number of others too unwell to attend.”
Some of the men worked in WAPOL for many years and others left to pursue different careers but the reunion was an excellent opportunity to reconnect and discuss the lifetime each officer has lived since graduating.
“My favourite thing about the reunion was seeing so many old friends coming together and talking like they had seen each other yesterday when, for some, fifty years had passed since they last spoke.
“It was good to compare stories both about life in general and our time in the job. We’re already planning our next meetup in September”, says Bernie. ■
Bernie is still seeking 15 officers from WAPOL Academy Squad 3/74 and asks that they contact him at 0417 081 253.
Violent crime in WA
The WA Police Force recently released its latest recorded offence statistics for 2023-24. After reviewing the data, WAPU’s Research Officer has highlighted the most important takeaways.
Since 2007-08 … Over the last 12 months …
Total offence rates increased in 9 of the 15 WA Police Districts
In 2023-24 WA recorded its highest-ever rate OF VIOLENT CRIME
The rate of violent crime has increased 63.1% The rate of sworn officers has declined 6.9%
soars to new high
OTHER KEY POINTS
Drug offence rates have increased Over the last three years …
21.3%
Compared with 2007-08 …
In 2023-24, the percentage of total offences that were FDV-related has increased 6% 19.8%
2007-08
2023-24
In 2023-24 …
The offence rate for
ASSAULT POLICE OFFICER (APO) was the
highest since 2008-09
Regression analysis confirms the increasing APO offence rate is very strongly related to the rising level of violent crime.
MATT HUDSON Field Officer
Onslow Police Station –an ignored hazard
LATE LAST YEAR I VISITED ONSLOW POLICE STATION, a temporary police station now some 43 years old, situated at 3 Second Avenue, Onslow, WA 6710.
The crew were an amazing bunch; however, their station has seen better days.
I entered the station through the front door and immediately noticed the lack of security at the front counter, I was able to freely walk into the office and around the station.
There was a bench seat where people could sit, however, it being out of sight caused a potential security issue. Not to mention, during my visit, an officer was assaulted due to the poor design.
There was CCTV to cover the police station, but it wasn’t working, it was dated and required repair.
I was given a tour of the station by the Officer in Charge (OIC). I was amazed of the working conditions, and not in a good way. To paint a picture, there was one toilet that serviced the entire building, police officers, court staff, victims of crime, accused persons attending court and other members of the community.
Off the front office was the armoury. The standard wooden door was key operated, not self-closing, or selflocking. There was no way of monitoring who had accessed the armoury.
To paint a picture, there was one toilet that serviced the entire building, police officers, court staff, victims of crime, accused persons attending court and other members of the community.
Both firearm cabinets were secured to the wooden floor.
There was limited room to move in the armoury.
The next room I was shown had a desk with the evidential breath machine upon it. Beyond the desk was a metal storage rack, storing various consumables, this rack did not appear to be secured to the wall. There was another rack which contained various items and a further rack allowing for body armour to be stored. This room was cramped. As this was used to process offenders for drink/ driving matters, the loosely stored articles and racking posed a security risk to officers if an offenders demeanour changed. This room was also used by the magistrate to change prior to court, this does not reflect on the agency positively.
The court room was at the end of the corridor, and again the entry from the police station to the courtroom was by manual key the door was not self-locking, thus allowing free passage to anyone who entered the court room.
Within the courtroom was only one interview room for the station. The room could only be accessed from the courtroom, therefore could not be used if the court was sitting, a poor design element, effecting the level of service afforded by the officers.
The rear yard had a colorbond double gate that opened manually. Although padlocked, the gate could be opened simply by pushing it.
The holding cell was a decent sized room; however, the PC was located in a position barring the officer to view the holding cell. And once again, the door leading into this room was manually operated by key and did not self-close.
There was no CCTV in lock up, a massive security risk, leaving officers open to allegations.
The fans and air conditioning units were dated.
Chevron and Mineral resources are predominant stakeholders in the town. They, along with the State Government and Shire of Ashburton, have committed to deliver new infrastructure and community facilities. These being, but not limited to, a new hospital, aquatic centre, airport upgrades, new St John Ambulance centre and town centre improvements.
In March this year, a question was raised in parliament through the Shadow Police Minister, Peter Collier around the present conditions including the minimum workplace health and safety standards of Onslow Police Station.
Speaking on behalf of the Minister for Police, Hon. Sue Ellery replied, “The Western Australia Police Force advise that the agency has not received concerns regarding the present condition of Onslow Police Station. Following a risk assessment undertaken by the agency in January 2023, maintenance works are continuing to be undertaken to ensure adherence to workplace health and safety standards.”
WA Police talk about integrity, openness, transparency, working with external stakeholders to protect the community. Giving their people the best tools to fight crime, yet the officers at Onslow are left to work in an outdated, not fit for purpose, police station, in a town that grows and demand increases.
01 The main entrance and insecure front counter. 02 The lock up, showing PC facing away from the holding cell. 03 The station gym.
Breath room, with insecure shelving.
30 minutes’ free legal advice & a 10% fee discount for WAPU members, their families and retired members.
Leading Australian law firm, Tindall Gask Bentley is the legal services provider for members of the WA Police Union.
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DANIEL WEEKLEY Senior Associate TGB Lawyers
When are digital recordings unlawful?
IT FEELS
LIKE EVERYTHING
we do is recorded. Texts or social media conversations with friends: recorded and preserved on a server somewhere abroad. Saying goodbye to loved ones at an airport: faces scanned and analysed. Light-hearted e-mail with a work colleague: stored on the work servers for all time.
The law still places some value on privacy and consent, and there can be heavy consequences for those in breach.
Recording and monitoring is everywhere in the workplace. In many workplaces employers can conduct audits and trawl back over yearsʼ worth of data to determine who accessed what, and when. Every keystroke is recorded and archived.
Itʼs not just our employers or the government who can record. Everybody can. Our phones give us the ability to listen, video, and record at the press of a button, with no forethought or planning.
In the legal world, every jurisdiction seems to be increasingly dealing with the non-consensual recording of conversations and interactions and their attempted use to support a claim or application, or as evidence refuting some allegation. Sometimes non-consensual recordings are a silver bullet. Sometimes they’re a disaster that backfires.
Most of us have experienced being recorded. In the line of duty, most police officers have had phones shoved in their faces accompanied by vague threats about complaints.
Where workplace discipline and performance management is increasingly formal, and when employees feel aggrieved or targeted by managers, there seems to be an increase in those employees pressing record on their phones in their pockets when those managers ask them to step aside for a “quick chat”.
Similarly, there’s an increase in the use of phones to record arguments at home or between neighbours. Those recordings often surface when thereʼs a dispute about the custody of children or whether a restraining order against the neighbour is necessary.
You might ask: whatʼs wrong with somebody recording things on their phone without consent? Especially if it’s simply for peace of mind, to protect oneself. Whatʼs the harm? Where do we draw the line?
The law still places some value on privacy and consent, and there can be heavy consequences for those in breach.
LET’S LOOK AT THE SURVEILLANCE DEVICES ACT 1998.
The audio or visual recording of a private conversation or activity without consent of those being recorded is a criminal offence.
In its simplest interpretation, itʼs a common-sense approach. You canʼt record something that should be private unless you have consent.
There are only a handful of circumstances in which non-consensual audio or video recording of a private activity or conversation isnʼt an offence. Mostly, the exceptions relate to recording for law-enforcement purposes such as intercepts and covert operations.
But itʼs an ever-changing area of law that struggles to keep up with the pace of technology.
Most of the time, when people choose to secretly record, itʼs because they want to protect themselves from some perceived wrong. In these cases, there are two exceptions to nonconsensual recording being an offence. If the recording is:
• reasonably necessary for the protection of that personʼs “lawful interests”, or
• in the “public interest”. Do lawful interests extend to standing up to a bully at work? A sustained campaign of discrimination? If your neighbour is making verbal threats? If itʼs not to protect lawful interests, then non-consensual recording is an offence and can lead to criminal charges. The broad nature of these exceptions means courts have interpreted them on a case-by-case basis.
Lawful interests can include private disputes where one party is seriously concerned they might receive threats to their safety.
There’s no clear definition and no easy answer to what will be considered a valid lawful interest. However, the majority of cases decided across Australia have these common threads when assessing lawful interest:
• Where a conversation is recorded purely to preserve an accurate record for future reference, it will usually be unlawful;
• When a recording is taken predominately to gain the upper hand in a minor dispute, it might be unlawful;
• When a recording captures evidence relating to the commission of a crime, it’s probably protecting a lawful interest.
WHATʼS THE LESSON?
Just because a recording can be made in secret doesn’t mean it should. Usually, it’s a common sense approach to determining right from wrong.
get more from YOUR dental cover
Root canal, simple and surgical extractions and periodontic treatment are covered under General Dental, with no annual limit*, rather than Major Dental like most other funds. This means your Major Dental category isn’t exhausted by these services and is available if you need more complex dental services.
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Top claims show the benefits of private health insurance
OVER THE 2023-24 FINANCIAL
year Police Health Limited paid out close to $208 million in health benefits to its members, including $298,333 for a single hospital episode.
It’s an important reminder of the value of private health insurance by providing peace of mind, getting treatment quicker than the public system and avoiding large out of pocket costs.
That episode was for a heart and vascular system procedure, followed by the next two most expensive hospital episodes;
• Psychiatric episode and treatment
– $158,776 benefit
• Digestive System episode & treatment – $114,303 benefit
It’s an important reminder of the value of private health insurance by providing peace of mind, getting treatment quicker than the public system and avoiding large out of pocket costs.
It’s also relevant to the police and emergency services communities, who have extra workplace stress that may result in developing mental health conditions.
Across Police Health Limited, the most common hospital procedures and treatments last financial year were:
SO, DO WE KNOW WHY THIS IS THE CASE?
While Police health Limited have over 90,000 members across Australia, this data also reflects the Australian Institute of Health & Welfare’s report, Australia’s Health 2024.
It’s a biennial report on the health of Australians, and is a mix of short statistical summaries and long-form articles exploring topical health issues.
It found that many people experience multimorbidity; that is, they have 2 or more chronic conditions at the same time.*
These conditions include arthritis, back problems, cancer, heart, stroke and vascular disease, mental and behavioural conditions, and osteoporosis.
In addition, the proportion of the population with multimorbidity has also increased at a greater rate than the proportion with one chronic condition only – up 33% from 2007–08, compared with an 18% increase for a single condition.
In summary – more people are living with multiple chronic conditions that increase the chance of them requiring to go to hospital.
WHAT ABOUT EXTRAS?
Extras cover helps with the cost of services generally not covered by Medicare and focuses on keeping you on top of your health. Extras include things like dental, glasses, physiotherapy and a range of other services.
The most common benefits used by Police Health members last financial year were:
639 Murray Street, West Perth WA 6005 PH: (08) 9321 2155
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 4 October 2024 to:
WA Police Union
639 Murray Street, West Perth WA 6005
Email: admin@wapu.org.au
Results to be advised by Friday 11 October 2024
Name (Please Print):
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.
ALBANY
BUSSELTON VILLA 4
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ANGELA NEWLAND Executive General Manager P&N Bank
P&N Bank – a bank for all West Australians
WE’VE BEEN HERE FOR THE people of WA since 1969, when a small group of Perthbased police officers created a local, community-minded banking alternative. And today, as a customer-owned bank, our number one focus continues to be you.
We know many Western Australians are finding things difficult with cost-ofliving pressures, and you’re no doubt seeing this first-hand.
At P&N, we want to encourage honest conversations around finances now and in the future. We have a deep understanding of, and belief in, financial inclusion and the benefits of it. We know that money is different for everyone, and we can support our customers no matter what their financial goal or the amount they have in their account.
So, how are we creating an inclusive banking and financial experience for everyone, no matter who you are or where you come from?
PARTNERING WITH VINNIES TO IMPROVE WA’S FINANCIAL WELLBEING
P&N Bank’s Vinnies WA program partnership includes:
YOUR FINANCIAL WELLNESS –IT’S IMPORTANT TO US
We know that money is different for everyone, and we can support our customers no matter what their financial goal or the amount they have in their account.
Earlier this year, we were thrilled to announce a new program partnership with local not-for-profit Vinnies WA to assist P&N customers and the WA community who need help with their money management to build the financial future they want to achieve.
We’re proud to provide another layer of support for our customers to help them on their financial journey, while at the same time helping Vinnies to assist more West Australians via their financial counselling service.
• Access to an exclusive Vinnies WA financial coaching service for P&N customers who are heading into or recovering from financial difficulty and those who want to improve their money management skills.
• Free and confidential one-on-one consultations with a qualified financial capability worker through the Vinnies WA Financial Coaching service.
• Group financial wellbeing workshops for our customers, including mental health content delivered by Lifeline WA.
• The ability for Vinnies WA to enhance its Financial Counselling service to assist more Western Australian community members in financial crisis.
To find out more about the service, visit our website or contact us at policesupport@pnbank.com.au .
We’re empowering all West Aussies to make the most of their money and reach their financial goals for themselves and their families. That’s why, to help equip you on your financial journey, we’ve partnered with Your Financial Wellness to offer P&N customers, as well as WAPU Members, access to this free tool. Whether you’re trying to get out of debt, get into your own home, or looking to future-proof your finances, Your Financial Wellness can inspire you to take control of your financial situation. The program offers:
• Financial wellness snapshot
• Action step program
• Tools to improve your financial fitness
• Practical guides and tips
To find out more on how you can improve your financial wellness, or to register, visit our website: pnbank.com.au.
WELCOME TO THE BLUE FAMILY
Over the past three months, we have welcomed 99 new graduates into the Blue Family.
In June, Gold Squad 16/2023 and Blue Squad 17/2023 graduated, welcoming 54 new officers to the force. We also welcomed new Police Auxiliary Officers during this time. In August, the graduation of Red Squad 1/2024 & White Squad 2/2024 saw 45 more officers join the frontline.
We extend our best wishes to all the officers who were marched off at these events.
We wish all graduated officers the best as they embark on their policing journeys. May your careers be long and fulfilling.
Welcome to the Blue Family.
RETIRING MEMBERS
RESIGNING MEMBERS
Simranjeet SINGH 16399 Craig SKINNS 16666 Thomas PARK 16874