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DECEMBER 2019

Against all odds

From surviving cancer to overcoming memory loss, Sergeant Jade Lay shares his incredible story.

Shining a light on our fallen

In September we remembered our fallen by illuminating buildings and landmarks blue for Police Remembrance Day.

WAPU 83rd Annual Conference

A full wrap of this year’s Annual Conference.

THE MAGAZINE FOR THE

WA

POLICE UNION


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DEC 2019

POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION

CONTENTS

10

Against all odds From surviving cancer to overcoming memory loss, Sergeant Jade Lay opens up about his incredible story and the long road to recovery.

17

Past president recalls association accomplishments From the terrible lows, to the memorable highs. Past President of the Medically Retired Western Australian Police Officers Association, Dave Bentley recalls the journey.

20

Pushing the limits It’s gruelling yet rewarding. We check in with some determined Tactical Response Group applicants pushing their limits to make the team.

4 POLICE NEWS DECEMBER 2019

24

Shining a light on our fallen A sea of blue swept across the City in September, honouring our fallen Blue Family for Police Remembrance Day.

28

WAPU 83rd Annual Conference 2019 A full wrap of this year’s Annual Conference.

06 WAPU DIRECTORS AND STAFF 08 P  RESIDENT’S REPORT 30 A  NNUAL CONFERENCE DINNER 32 A  NNUAL CONFERENCE MOTIONS 45 L  EGAL 46 H  EALTH 47 M  OTORING 48 N  EW MEMBERS, RETIREMENTS, RESIGNATIONS AND VALE 50 M  EMBER BENEFITS 51 FROM THE ARCHIVES


WA

POLICE UNION

639 Murray Street West Perth WA 6005 P (08) 9321 2155 E admin@wapu.org.au OFFICE HOURS Monday-Friday 7am-4pm AFTER HOURS EMERGENCY DIRECTOR 0438 080 930 www.wapu.org.au Follow us facebook.com/WAPoliceUnion Twitter @WAPoliceUnion Instagram instagram.com/wapoliceunion

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 Sergeant Jade Lay. ABOVE Optus Stadium and Matagarup Bridge shone blue for Police Remembrance Day. Photos: Jody D’Arcy.


WA

POLICE UNION

Board of Directors 24/7 EMERGENCY DIRECTOR

HARRY ARNOTT President 0407 989 008

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

WARD ADAMSON Treasurer 0457 603 311

ALICIA CURCHIN Director 0417 911 502

PAUL GALE Director 0403 314 426

JASON GENTILI Director 0437 417 467

MICK GILL Director 0427 097 000

MIKE GREEN Director 0419 925 326

Staff

PAUL HUNT Secretary

CHRIS VITLER Finance Manager

6 POLICE NEWS DECEMBER 2019

STEVEN GLOVER External Media Communications Manager

JESSICA ELPHICK JESSICA CUTHBERT KATRINA MASON KATRINA TAYLOR Media Officer Media Officer Industrial Industrial Officer Officer

MATTHEW PAYNE Research Officer


AYNE

BOARD OF DIRECTORS & STAFF

JON GROVES Director 0438 080 868

DEAN GIACOMINI Field Officer

KEVIN GUY Director 0466 632 613

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MARK JOHNSON Director 0488 352 525

CARL GROSSETTI CARL STEWART Field Officer Field Officer

JASON MORA Director 0410 927 445

TARRYN SMITH Finance Officer

HARRY RUSSELL Director 0412 585 429

PENNY BROWN Member Services Officer

CLINT WHALLEY Director 0409 118 381

DEBORAH THOMAS Administration Officer

BRANCH PRESIDENTS Academy Mark Gannaway Air Wing John Gobbels Armadale-Gosnells Paul Burke Avon Dave Flaherty Bunbury Australind Gareth Reed Cannington Rod Moore Central Great Roy George Southern Central Midlands Mike Daley Central West Coast Brett Cassidy Commissioned Greg Knott Officers East Kimberley Stuart Lapsley Eastern Goldfields Peter Henry Eastern Wheatbelt Michael Paterson Fortescue Russell Evans Fremantle Rachel Rawlins Gascoyne Anntoinette Cashmore Geraldton Tim Saxon Great Southern Danny Richmond Intelligence Services Contact WAPU HQ Joondalup Ben Giff Leeuwin Naturaliste Brad Walder Licencing Michael Sedgman Enforcement Lower South West Tim Jones Major Crime Greg Hart Mandurah Harry Russell Maylands Complex Scott Sulley Midland Aaron Cleaver Midland Workshops Jeanette Maddison Mirrabooka Todd Robinson Murchison Jake Hendry North Eastern Matt Parsonson Goldfields North Pilbara Blair Moulton (Vice President) Northern ROG Cris Marzo Perth Adam Simmons Perth Watch House Gemma Priest Professional Ian Moore Standards Prosecuting Branch Jason Duncan Protective Service Wade Van Luyn Office Rockingham Kwinana Richard Wells Serious & Peter Birch Organised Crime Sex Crimes Cliff Daurat South East Eyre Simone Taplin South West Matt Fogarty Hinterland Southern ROG Mark Crossley State Intelligence David Taylor State Traffic Paul Gale Operations Traffic Enforcement Chris Patten Group North Traffic Enforcement Steve Kent Group South Upper Great Dorry Grzinic Southern WAPU Now Debra Hutchinson Water Police Adam McGregor West Kimberley Dave Groenenberg West Pilbara Neil Vanderplank

7

POLICE NEWS DECEMBER 2019


HARRY ARNOTT President

Fifth and final offer to be presented to Members THE WA POLICE UNION HAS RECEIVED A “FIFTH AND FINAL” OFFER from the State Government which has received in-principle agreement from the Board of Directors. At the time of writing, we are working with Government to finalise the drafting of key clauses. Once these clauses have been drafted, the entire offer will be presented to Members for voting via electronic ballot. Information relating to the entire negotiation process can be found in the Members Area of our website and we strongly encourage Members to access this information ahead of the circulation of the fifth offer. The Union continues to appreciate the support and patience of Members throughout this process. Negotiations began in February and clearly we would have liked an outcome before the current agreement expired on June 30 however, by giving in-principle support should Members accept the offer, back pay has been preserved. It is difficult to put a timeframe on how long this next stage will take however, as soon as the key clauses have been drafted to WAPU’s satisfaction, we will then be in a position to circulate the offer and commence a ballot. We have an agreement in place with Government and the WA Police Force not to publish or discuss the details of the offer until those key clauses have been drafted and presented to Members.

Negotiations began in February and clearly we would have liked an outcome before the current agreement expired on June 30 however, by giving in-principle support should Members accept the offer, back pay has been preserved.

8

ANNUAL CONFERENCE Thank you to all Branch Delegates who attended our 83rd Annual Conference last month. Conference was a tremendous success and we debated a vast array of very good motions aimed at improving the working conditions of all Members across the State. This edition of Police News contains the result of all motions at Conference as well as coverage of the key issues and our Annual Conference Dinner. Our Conference coverage begins on page 28.

RECOGNITION OF POLICE OFFICERS It was my pleasure to recently attend both the Police Star Medal Presentation and the presentation of Honourable Discharge Certificates to our Members, both serving and retired. Presentations like these are extremely important as they acknowledge the hard work and dedication of our Members. The Certificates of Honourable Discharge are particularly important as they recognise the sacrifice that many of medically retired police officers made to our community. The Union has been advised that due to privacy concerns Redress Scheme applications did not include an application for the Police Star Award. A separate application to Honours and Awards is required. It is important to note that the Police Star has different eligibility requirements to the Redress Scheme. For more information please visit w w w.police.wa.gov.au/ About-Us/News/Police-Star-Medal.


PRESIDENT'S REPORT

01

VALE It is with immense sadness that I acknowledge the passing of two great men of the Police Family. In November, we lost Retired Chief Superintendent Bob Hamilton 2995 aged 83. Bob was a highly valued Life Member of our Union, who was highly committed to the cause of supporting police officers in this State and we appreciate his contribution to WAPU. On December 5, serving Member Inspector Paul Kosovich 6657 succumbed to his battle with cancer. He passed away the day after his 57th birthday surrounded by his loved ones. Senior Vice President Mick Kelly and I visited Paul and his family in his final days and were able to thank him for his commitment and dedication to policing in Western Australia. Paul loved being a copper and he loved his Blue Family, second only to his own. Even in his last days Koso was still talking about the troops and how we need to look after them. Rest in peace brothers.

MERRY CHRISTMAS AND HAPPY NEW YEAR This is our final edition for 2019 and it is an appropriate time to wish all of our Members, past and present a very Merry Christmas and a Happy New Year. This year has been a massive year for our Union. Negotiations for a replacement Industrial Agreement have absorbed significant resources and we are very hopeful of a negotiated outcome in the New Year. On behalf of the Directors and Staff, I hope you have the opportunity for some quality time with your families over the festive period and please stay safe, particularly when you are on duty but also when you are enjoying your down time. This time of the year can be very dangerous on our roads so please be extra vigilant and drive safe. Take care H

02 03

01 President Harry Arnott addressing Annual Conference. 02 Mr Arnott talking to the media. 03 Minister for Police Michelle Roberts opening Annual Conference.

9


Against all odds BY JESSICA CUTHBERT

For Sergeant Jade Lay, cancer was easy. It was losing 20 years of memories that was the challenge.

10 POLICE NEWS DECEMBER 2019


I

n July 2017, while working at the Joint Anti Child Exploitation Team (JACET) he was diagnosed with an aggressive stage 3 bowel cancer. The cancer came as a shock to Jade, his family and his colleagues. The young father of two was fit, healthy and had no history of the insidious disease in his family. He remembers feeling angry and frustrated with his diagnosis, often asking himself, “why me?” “In this job I see people that do all sorts of heinous things to other people. Sometimes I could have wished they had cancer. Why me?” he told Police News. “But that’s the thing about cancer, it’s indiscriminate and doesn’t care. It doesn’t matter if you are fit and healthy or some person on the street. You are susceptible.” Telling his Blue Family of his diagnosis was one of the hardest things he had ever had to do. “I had to tell them I had stage 3 cancer and that I didn’t know what would happen. It was a very small and close team, everyone was shocked but the team were very supportive of me.” In order to beat the disease, he started treatments instantly undergoing six rounds of chemotherapy in hospital, through a drip 24/7 as well as radio treatment while continuing to work as a Detective Senior Constable at JACET. Jade’s cancer was diminishing and the treatment was working well. Until it wasn’t. Little did Jade or his doctors know that the chemotherapy he was having to save his life would later stop his heart – killing him. Throughout his illness and treatments, he didn’t let his diagnosis stop or change his life. He continued working, kept up his cycling and remarkably was going through the process of a promotion to sergeant. That process, however was suddenly halted. Six weeks into his treatment and so close to the end, Jade’s heart stopped. On September 12, 2017 he had just finished conducting a mock interview as preparation for his promotion and was cycling home. On the familiar route home he noticed he was fatigued – more so than usual. “I remember feeling tired, really tired and that’s all I can remember until waking up in hospital.” He would later be informed of the events that followed. After he woke, Jade was told that he slowed down on his bike, halted to a stop and tumbled to the ground. A nearby tradesmen driving past saw Jade come off his bike but grew concerned when he didn’t brace himself for the fall or get up. The driver immediately pulled over to check on the unconscious police officer. “He pulled over and saw I was in a bad way, completely out of it and lucky enough some other people saw what happened and waved down an ambulance that was coming in the other direction,” Jade said. By this stage, Jade’s heart had stopped. “I was dead. On the path. ▷ 11 POLICE NEWS DECEMBER 2019


01 02

12 POLICE NEWS DECEMBER 2019

“The doctor asked if I had children and when they said yes he does, he said “Okay best to bring them in.”

03

“The paramedics came over and started bringing me back. Three times.” He laid dead on the path for almost 15 minutes between resuscitations. The tradie who first came to Jade’s assistance found his police wallet and business card and rang Jade’s colleagues. Upon hearing their colleague and friend was in trouble, they rushed to the scene and were greeted by the sight of Jade being worked on and revived. “It was quite upsetting for them. One minute they were talking to me at work and the next I was dead on the side of the road,” he said. Police officers are tasked with the confronting job of contacting family and friends in emergency situations, often telling someone a loved one has died. That day was no different. Instead it was their colleague’s wife they had to call instructing her to rush to the hospital. There she was met by Jade’s sergeant and work family who didn’t leave her side for hours. “Everyone was thinking I wasn’t going to pull through,” he said. “The doctor asked if I had children and when they said yes he does, he said “Okay best to bring them in”. Everyone was told to say their goodbyes to their father, husband and fellow comrade. With the threat of brain injury – a result of being dead for 15 minutes – Jade’s condition was touch and go as he lay in a coma for the next few days. Miraculously, days later he woke up. He woke, however to face a new challenge – his biggest one yet.


“Being told I was in Australia was different and asking for my girlfriend I had in 1997 was a bit awkward. I don’t remember it vividly but by the time I came around my father was there and my sisters, I remember they all looked older.” Jade’s wife, children, colleagues and even his own identity was a stranger to him. When he woke he had lost 20 years of his memories. The 37-year-old police officer from Perth, woke as a 17-year-old in his home town of Invercargill, New Zealand. “I remember being confused at the hospital I was in,” he said. “Being told I was in Australia was different and asking for my girlfriend I had in 1997 was a bit awkward. I don’t remember it vividly but by the time I came around my father was there and my sisters, I remember they all looked older.” There are few words to describe waking up with two decades of precious memories lost. There are even less to explain the feeling of being re-introduced to your wife and learning you’re a father of two, but Jade described it as disbelief. He said learning he was a WA police officer on top of a husband and father felt surreal describing it as dreamlike. One distinctive moment in relearning his identity has stuck with Jade over the years, a moment with his wife whom in his mind, he had just met for the first time. “I was holding onto my wife’s hand and she was introducing herself, I was sitting there asking ‘so we are married? She said ‘yes’ and we have two kids?’ yes again. “I said ‘right, I suppose I didn’t do too badly,” he laughed. Another moment he remembers vividly was ‘meeting’ his two young children. “There aren’t many words to describe that feeling. It was a bit of a surprise more so than anything else,” he said. “I was a bit aloof thinking to myself ‘This is my kid, who is hugging me?’ I didn’t know what to feel, it wasn’t easy.” Fortunately his memories came back each day in the following weeks and life became easier for Jade and his family. He now sits at two per cent memory loss but still has significant memory gaps of special and sentimental moments he has lost. In his time working at JACET, Jade was exposed to countless horrible and graphic material. Included in his memory loss is some of that child pornography– a loss he could deal with.

04

A highlight in Jade’s career was working in a detective role. “I love it, I have a passion for it and it is utterly rewarding especially the child abuse prevention side of things,” he said. “Some of the stuff I have seen is terrible but the thing is – you need to remember it’s not your child. You need to do everything you can to try and help a child who has been abused or potentially will be abused.” He said on occasion he and his team would meet up with people who thought they were meeting up with children. “Instead they would met me and get busted, it was very satisfying.” After months of recovery, Jade returned to work. He returned to JACET and continued the process of his promotion to Sergeant, in which he was successful. A monumental moment for Jade was the delivery of the promotion news. “Within six weeks after dying I had most of my memories back but I was still suffering short term memory loss and was going through the interview process,” he said. He was told numerous times that he didn’t have to go through with the process – that people would understand after what he had gone through. “I thought fuck it – what do I have to lose? I had everything to gain and nothing to lose.” ▷

01, 02 & 03 Jade Lay in hospital after suffering the cardiac arrest. 04 Sergeant Jade Lay.

13 POLICE NEWS DECEMBER 2019


Sergeant Jade Lay is currently at the Perth Watch House.

While he was recovering in hospital, Jade had the help and support of colleagues and inspectors who came to his bedside to conduct mock interviews. “The lists came out and a few of my mates had gotten in and some of them hadn’t unfortunately, but I still hadn’t gotten my phone call and didn’t know what the outcome was for me,” he said. “Later that day I was at home and there was a knock on the door. I answered and it was the Assistant Commissioner Michelle Fyfe on my door step with a letter. “To say I was a bit surprised would be an understatement. She handed the promotion to me in person. That was really special.” The gesture was organised by Jade’s colleagues and family and was a testament to the overwhelming support and care he received from the whole experience. He said the support from Health Welfare and Safety Division and the Blue Family was phenomenal. Jade and his wife were checked on regularly and ensured any outstanding medical bills were paid for. “They made sure my wife was supported in every way possible.” he said. “It was a relief to be supported by people who I worked with and even indirectly worked with, flowers were coming from everywhere. “I could never have imagined the support we received, I would not have imagined that at all. “It’s not until something like this happens that you realise how supported you are in this job.” In the span of Jade’s 12-year career he had no injuries, health issues or ever needed health cover. He said to be diagnosed with cancer and almost die from the treatments and still get supported as if it was a work accident, was incredible. Also blown away by the phenomenal support was Jade’s wife, Sarah* who said the level of care she and the family received from the WA Police Force during the experience exceeded all expectations. “From the time that he was diagnosed, Jade’s colleagues and supervisors truly demonstrated the kinship that exists within the WA Police Force,” Sarah told Police News. In addition to having no financial concerns while Jade underwent treatment, his colleagues ensured that he continued to be part of the team despite reduced duties, time out for appointments and just general fatigue. From the moment Sarah received the news of Jade’s cardiac arrest, she was surrounded and supported by many people within the Force. Past and present colleagues reached out and all the support services within the WA Police Force came out in full. “I really felt as though I has been fully embraced by a family that I didn't know that I had,” she said. She reflected on the time they sat with her in the emergency room the night of the cardiac arrest refusing to leave, despite her protestations that they should head home to their own families. Jade’s Blue Family also visited regularly in the ICU and the high dependency ward. They brought chocolates, sent flowers and checked that bills could be paid. 14 POLICE NEWS DECEMBER 2019


“People live with their phones in front of their faces constantly, they aren’t having conversations. Live your life with other people, keep your head up and look around, enjoy life.”

Some colleagues even offered to drive her and the children wherever they needed to go and offered to mow their lawns. “There was genuine desire to just make sure that whatever could be done to make my day a little easier was done. They made it abundantly clear that Jade was valued and important to them and as he began his recovery, they never stepped back and called time on their support,” Sarah said. During his recovery, the WA Police Force continued to be in his corner and provide ongoing support. From the mock interviews in hospital rooms, bringing tea and biscuits to their home and providing laughs and distraction after each of his operations, friendship and support was never far away. Describing her husband as phenomenal, Sarah said from the point of diagnosis, the mantra was that he was too stubborn to let something like cancer get in the way of him living his life the way he intended. “Life then decided to up the stakes with the cardiac arrest but that didn't change where he was headed even if he forgot where that was for a little while,” Sarah said. “I am incredibly proud of my husband but not surprised by what he has continued to achieve and with his track record, I wouldn't expect anything less.” After the whole ordeal of Jade slowly recovering his memories, he still woke with cancer. However, the weeks of chemotherapy leading up the accident was effective as the cancer had shrunk. He underwent two surgeries to remove the cancer and today he is living cancer free. After being promoted to Sergeant, Jade worked at the Perth

Police Station for a few weeks until he was promoted to the Perth Watch House. He said while he would have loved to be posted to a detective office, he understood he was still in recovery. The now Sergeant who died and lived to tell the tale said when his time is done at the Perth Watch House, he would love to be a detective again. “That’s my passion, I have always had that drive,” Jade said. Looking back, Jade said his relationship with death hasn’t changed nor does he see what happened to him as a second chance rather, just something else that happened in his life he had to overcome. “I don’t look at life too differently. I just try and spend as much time with family as I can. “For me cancer was easy, the surgery was easy. It was the memory loss from dying that was the hardest. That is probably something that still sits on me – it plays on your mind. “It was worse because I did have children, but if you sit there and get sad about what you may have lost – you’ll beat yourself up over it constantly. “I’m alive, that’s all that matters.” His message to others is simple – enjoy life. “People live with their phones in front of their faces constantly, they aren’t having conversations. Live your life with other people, keep your head up and look around, enjoy life. “Enjoy the moments with family and kids. Life happens very quickly and nobody knows when it could be gone.”

*Sarah’s name has been changed at the Members request.

EMERGENCY 24/7 DIRECTOR

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

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

Mick Kelly

EMERGENCY DIRECTOR

WAPU

15

POLICE NEWS DECEMBER 2019


Past president recalls association accomplishments

01

BY JESSICA CUTHBERT

Setting out to expose the trauma of policing and restore the honour and dignity of medically retired police officers, the Medically Retired Western Australian Police Officers Association (MRWAPOA) achieved that goal and a whole lot more. What had started out at as an anonymous online chat group in 2008, a place for officers who had been medically retired from the WA Police Force with either physical or psychological injuries, soon turned into a group of dedicated people who “changed the course of history” for current and future serving police officers. In time, the group progressed from online networking to physical meetings and catch ups. In May 2012, three former police officers who had been medically retired gave verbal evidence to a parliamentary committee investigating the toll of trauma on emergency service workers. Their brave actions earned them something they had not received since leaving the WA Police Force – an apology from Parliament for how they had been treated.

In giving their evidence, David Matthews, David Nelson and Dave Bentley also revealed the many other medically retired police officers who were suffering physical and psychological injuries, years after being discharged from the organisation with little or no after service support. Since making their stories known and lifting the lid on their own personal trauma, more retired officers began seeking the group out and in 2013 the Medically Retired Western Australian Police Officers Association was officially incorporated. Member and Past President Dave Bentley, who medically retired from the WA Police Force in 2009, told Police News his trauma was psychological and cumulative over his 35-year career in major crash investigation. The job took its toll and he struggled with depression, anxiety and post-traumatic stress disorder. ▷

01 Dave Bentley.

17 POLICE NEWS DECEMBER 2019


“To be grouped with corrupt officers when you have done nothing wrong, is truly devastating. To have this changed, it meant police officers could walk away with their head held high and with dignity.”

02

02 Minister for Police Michelle Roberts and Past President of the Medically Retired WA Police Officer’s Association, Dave Bentley with their framed copy of the Police Amendment (Medical Retirement) Bill 2019. 03 Minister for Police Michelle Roberts, WAPU President Harry Arnott and Dave Bentley.

18 POLICE NEWS DECEMBER 2019

“Policing is one of, if not, the most dangerous occupation and not only are we subject to scrutiny from the public, media and politicians but we are everybody’s kicking bags,” Dave said. “I joined at the age of 18 as a cadet, I had a passion for wanting to help people and I am quite attached to people when I get involved in trying to help them. “That’s the reason why I broke. “Often you can’t and won’t bring your work home, you carry your experiences around and things you’ve seen and eventually it erodes away at your own self and your emotions shut down. “You become isolated from your family and everybody else; the job changes you.” In 2007, Dave took sick leave. He had reached breaking point and had suffered a psychological breakdown. During this time he was not contacted, visited or checked on. Soon after, he was pointed in the direction of the anonymous online chat with other police officers who were medically retired. “It was understandable as to why these officers were talking anonymously,” he said.

“Being discharged under Section 8 took the last remaining dignity we had left, we had already felt like the Agency betrayed us as they weren’t looking after us. “Soon the online chatting became physical gatherings and becoming a part of it was the best thing I ever did.” Dave said giving evidence of the devastating effects of psychological injuries, was a turning point in his road to recovery. He recognised that the people who go out each day putting their lives on the line to protect the community were not getting looked after and it left him and many others horrified. After making their voices heard, the Association began lobbying for change. They offered support, did their research and soon became a voice for all medically retired police officers. “We thought we were unloved and unwanted – even by our own colleagues and we needed to change that,” Dave said. “Before that first apology, no one had said sorry to us for the abysmal way we had been treated after what we had done for the community. The apology stunned us at first but then we realised this is what we needed, we needed that apology and recognition that we had been treated badly.” Dave became the President of the Association in 2013 and worked with the committee and membership to draw up a log of claims. Their main goal, which in time became their main accomplishment, was changing Section 8 of the Police Act, a broken system according to Dave which saw medically retired police officers discharged under the same section used to remove officers associated with misconduct or impropriety. “We wanted an honourable discharge to redeem our honour and dignity. When you swear and take an oath to obey and uphold the law, your honour and dignity is your badge and to have that stripped away is disrespectful. “I felt I had wasted 35 years of my life and I felt I was not worth anything, that I would be better off dead.” Changes to Section 8 of the Police Act passed through Parliament in August this year. “To be grouped with corrupt officers when you have done nothing wrong, is truly devastating. To have this changed,


03

“As hard as it is to think about, I’m sure that without the Association, some members would be dead.”

it meant police officers could walk away with their head held high and with dignity,” Dave said. “When this was accomplished I felt absolute elation, we had changed the section that was destroying people.” Another priority for the Association was addressing mental health. Dave started talking to groups of police officers and became a mental health first aid trainer where he spent two years working in capability development. “Unfortunately, the classes stopped and it needs to be resurrected, it’s one of the most important things police need to be speaking about,” he said. In the past six years the MRWAPOA has achieved their initial goals and more, including the creation of the WA Police Star. “Focusing on these goals and helping these officers has brought my health and sanity back.” Although serving the community for 35 years, Dave said he feels as though he has achieved more in his six years as the President of the MRWAPOA. “For six years, the Association has been my life and it probably will be until I die. This Association has been vital to the mental health and welfare of these retired officers. “The approach to mental health has changed. When

I first joined, it wasn’t talked about and it didn’t exist. People covered it up and it broke them but now it’s talked about and it is very real. “As hard as it is to think about, I’m sure that without the Association, some members would be dead. They would have taken their lives as they were in such a dark place but having someone to talk to and someone who understands them has given them a light at the end of the tunnel. “The WA Police Union does a remarkable job taking care of their serving Members, but I think it’s important the Association is there.” In October this year, Dave stepped down as President to focus on his own mental health, although he remains an active member of the Association. WAPU acknowledged Dave’s contribution as MRWAPOA President by presenting him with a framed copy of the Police Amendment (Medical Retirement) Bill 2019 at the 83rd WA Police Union Annual Conference. The Association elected a new committee at their Annual General Meeting in October led by President Benjamin Doman, Vice President Geoff Milton, Treasurer Wendy Kennedy, Public Affairs Director Joe Saw and Secretary MarkGlenn Harmony. For more information visit mrwapoa.org.au 19 POLICE NEWS DECEMBER 2019


PUSHING THE LIMITS BY JESSICA CUTHBERT

It’s challenging, gruelling, high paced and intense. However for a group of police officers who recently went through their training, it’s all worth it if it means becoming a tactical operator. 20 POLICE NEWS DECEMBER 2019

The selection course for the Tactical Response Group (TRG) pushes applicants to their full capability. Familiar with the challenging training is First Class Constable Mick Wood*, who despite previous rejections is giving the selection course a third attempt. Having experienced the durable weeks of physical and mental training before, Mick is determined to fight for his position in the unit. Police News caught up with Mick in October at the halfway mark of the 10-week Core Tactics Course. Having served on the WA Police Force for eight years, Mick has longed to be a tactical operator since he first donned the blues. “I’ve applied for TRG before and this is my third time going through the training,” he told Police News. “I have always had that initial drive to join TRG since I first joined the job, this was always the goal. In my opinion it is one of the highest trained areas in the WA Police, these guys work together all the time and have that amazing team environment and work ethic. “What is also appealing is the different challenges that this job will bring, I have always liked to get involved wherever I can and in high risk and high pace situations.” Coming into his third attempt of the selection process, Mick knew what was involved and what to expect. That however, doesn’t make the process any easier. “It’s very tough and gruelling at times but it is very rewarding getting through each training stages, it is high pace and intense but it’s worth it if it means I get through,” he said.


“The selection phase is challenging but very achievable. Being able to think clearly and make the right decisions under pressure is what we are looking for and arriving to our selection course physically prepared is just one piece of the puzzle.”

“If I get through at the end of these 10 weeks – it will be fantastic, very satisfying. After doing the training and putting in my best effort, to get to the end and to be able to join these guys would just be fantastic.” The highly sought after section of the WA Police Force sees anywhere from 50 to 100 applicants each time it is advertised and is held usually every 12 to 18 months. The course puts officers through their paces, testing their endurance and pushing them to their limits to see if they have what it takes to gain a spot in the popular unit. Senior Tactical Operator Liam Jones* who has been involved in coordinating the last two selection courses said the selection process was one of the hardest and most challenging in the WA Police Force. Some of the situations TRG face include dealing with armed offenders, attending sieges, protecting endangered witnesses and undercover operatives, securing and escorting dangerous prisoners, marine operations and the State's counter-terrorist responsibility. Specialist positions include snipers, explosive breachers, tactical swimmers, tactical ropers, tactical coxswains, medics and advanced drivers. These serving WA police officers cover the whole State and conduct operations on land and at sea. A TRG position is a tenure lifted position, therefore there are no restrictions if you are in district tenure, in a country posting or on probation. However if applicants are on probation they will need to complete their probation requirements before joining TRG. Liam said the unit also works closely with sections of the Australian Defence Force. One example was Echo 74, an operation in conjunction with Border Force where officers intercepted a vessel suspected of drug smuggling 251km off the coast of Geraldton in 2016.

A large amount of methamphetamine was recovered and 12 people were arrested and charged. The selection process to become a tactical operator starts with a written expression of interest and from there hopeful applicants will undertake a medical clearance and physiological testing. The next phase is a one day physical testing, which involves a pack march, PPE testing and a swim component. Successful applicants will then undertake the selection course which is the most physically demanding phase of the selection process. Liam said it was here that applicants are subjected to various activities that will take them to a level of physical and mental exhaustion that they are unlikely to have experienced before. “The selection phase is challenging but very achievable. Being able to think clearly and make the right decisions under pressure is what we are looking for and arriving to our selection course physically prepared is just one piece of the puzzle,” he said. “Applicants who can think outside the box and come up with solutions and be trainable are desired traits." The final phase is the Core Tactics Course where applicants are taught the basic skills to be a tactical operator, including handling weapons and room clearance drills. Current TRG officers are observing and documenting each applicant’s process as they are tested in a wide variety of areas, which are all job specific. Also striving to join the TRG, Constable Jake Smith* is another applicant pushing himself through the training to achieve his career goal. It is Jake’s first time applying for TRG and if not successful this round, it won’t be his last. With the finish line in sight, he is excited to find out if he has done enough to make the cut. ▷

21 POLICE NEWS DECEMBER 2019


“The experience has been really good, it is challenging but I suppose you have to take a step back and remember this is what you want to do, where you want to be. This is the end goal for me.”

Describing the course as challenging, high paced but a great experience, Jake told Police News he would not let a rejection stop him from earning his position on the TRG. “The experience has been really good, it is challenging but I suppose you have to take a step back and remember this is what you want to do, where you want to be. This is the end goal for me,” Jake said. “It’s a select group to be a part of, it’s high paced and intense so this type of policing suits me. If I am not successful I will apply again and again, it’s what I want so I’ll work hard to get there.” Determination and diligence are qualities Jake and Mick share with fellow applicants in this year’s selection course. Whilst the selection process may be challenging, Liam said the TRG unit is a highly popular one. “The nature of work we undertake is very challenging and rewarding and the work is dynamic, unpredictable and ever changing,” he said. “We are a very close knit section and are provided opportunities to partake in some great state, national and international courses.” Whilst the section entails rewarding jobs like rescues and large scale drug seizures, it also confronts challenges including the biggest threat, terrorism. “The most dangerous situation TRG face is terrorism. As we know, there is no place in the world that is immune to it and that’s why we are constantly training and evolving our tactics to combat a wide variety of different threats we are faced with,” Liam said. Smith, Mick Wood and Liam Jones’s names have been *Jake changed at the Members’ request.

22 POLICE NEWS DECEMBER 2019


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Light It Up

Shining bright for Police Remembrance Day

24 POLICE NEWS DECEMBER 2019


In September, we remembered and honoured fallen colleagues of the WA Police Force. National Police Remembrance Day is commemorated each year on September 29. The nationally recognised day is a time to honour the brave and selfless men and women who made the ultimate sacrifice on the frontline. Near or on this special day, communities gathered to pay tribute to the officers who made the ultimate sacrifice and lost their lives in the line of duty. To honour these 85 officers, WAPU arranged for a number of locations to be illuminated blue in the city and in some regional areas. On September 27 and 29 as the sun set, Optus Stadium, Matagarup Bridge, Elizabeth Quay, Fremantle Prison and Bunbury’s Koombana Bridge shone blue.

A bright display of blue coming from the end of Adelaide Terrace looked stunning against the glow of the city thanks to WA Police Headquarters. WAPU President Harry Arnott said there was no day more important than when the community gathers to honour the sacrifice of the blue family. “Our police officers – brave mothers, fathers, sons and daughters – put their lives on the line every single day dealing with traumatic, unimaginable situations and violent crimes,” he said. “It is important we remember those who never made it home.” We would like to extend our thanks to all the sites who lit up blue and our Members for supporting this movement and sharing their photos with us, as well as those who attended National Police Remembrance Day ceremonies. ▷

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Tenure debate provides direction

The WA Police Union’s 83rd Annual Conference was dominated by a robust discussion around tenure.

01 Delegates voting at the 83rd WA Police Union Annual Conference. 02 Delegates of the 83rd Annual Conference. 03 Steve McCartney from the Australian Manufacturing Workers' Union. 04 AFL Field Umpire Dean Margetts. 05 WAPU's newest Life Member Dave Lampard.

28 POLICE NEWS DECEMBER 2019

Leading into Conference, 10 motions were listed for debate on the polarising topic of tenure. Ultimately, delegates voted to back an Executive Motion to lobby the Commissioner of Police to establish a working group to full investigate and address the Deployment Policy, with a significant focus on tenure. WAPU President Harry Arnott said Branches had a wide range of views on tenure and there was never going to be a one size fits all solution. “The Board of Directors believes the working group is the best way forward to solve the tenure issue once and for all,” Mr Arnott said. “We’ve debated tenure every year and passed motions which contradict each other so this clear direction from the delegates gives us a mandate to work with the WA Police Force to find a workable solution which not only benefits Members but also the Agency and community.” Mr Arnott said Conference also decided it would like to see all decisions relating to maximum tenure suspended until the completion of any review of tenure. “The motion to suspend decisions relating to maximum tenure is important. It gives those Members who are coming up to maximum tenure in the next 12 months the opportunity to sit tight until the working group has conducted the review,” he said.

BY STEVEN GLOVER

“It does not stop all transfers, if people want to move they can move in line with the current policy but for those who don’t, it could allow them the chance to stay and avoid unnecessary upheaval while the Deployment Policy is reviewed.” The Conference theme tied into the #Care4Cops campaign with speakers focusing on care, welfare and wellbeing. Bodie Green from WA Prison Officer’s Union gave a presentation on STAND TALR – Talk, Ask, Listen, and Refer which he rolls out to prison officers across the State to reinforce the message to look after yourself and to consider your mental health. AFL Football Umpire Dean Margetts spoke about the synergy between policing and umpiring and the resilience it takes to do both jobs. While State Secretary of the Australian Manufacturing Workers’ Union Steve McCartney spoke about his Union’s benevolent work. Conference major sponsor P&N Bank also provided delegates with a general overview of key financial decisions they need to be considering to ensure their financial welfare is looked after. The 83rd Conference also marked the first ever Welcome to Country which was conducted by Barry Maguire and was well received by all in attendance. In his opening address, Mr Arnott challenged Minister for Police Michelle Roberts to tell delegates exactly where the police-specific compensation scheme was. And while Mrs Roberts said it was yet to be drafted, she did indicate that it would be presented to the Board in 2020.


ANNUAL CONFERENCE

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Lampard awarded life membership

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LONG-SERVING Union official and employee Dave Lampard was the 18th person awarded life membership of the WA Police Union. Dave received his accolade at the WA Police Union Annual Conference Dinner sponsored by Fleet Network. Dave’s involvement in the Union began in 1973 when he joined the WA Police Force and ended in 2017 when he retired from the Union office as a Field Officer. In between, Dave served for 31 years on the frontline, followed by 17 at WAPU HQ. He has been a Branch Official, Union Director, Industrial Officer, the Union’s first Safety Officer and finally a Field Officer. Dave gave total commitment to the Members in the area of safety and he has been instrumental in helping WAPU achieve a lot of the safety-related benefits that Members enjoy today. He has been a tireless voice on behalf of the Members in ensuring the WA Police Force implemented many safety policies, acquired PPE and replaced or renovated many workplaces for the benefit of the Members. He was instrumental in getting the Single Officer Patrol Policy implemented and has been a strong voice for the closure of many outdated dangerous and unsafe police stations. He is also a keen writer and penned many a column for Police News which was the forerunner into his project to research the history of the Union to mark its centenary in 2012. His book Fruits of our Labour commemorated 100 years of the Police Union serving Members and the author

worked extremely hard putting together his master piece. WAPU also acknowledged the work of other hard working officials at the Annual Conference Dinner. Maylands Complex Branch President Scott Sulley received the Dowd-Dempsey Award for his work reinvigorating the Branch as well as raising the issue of working conditions and minimum legal requirements in relation to acceptable workplace parameters. He did this at personal risk to his status with the hierarchy who were not keen to be informed of shortfalls at the new accommodation but he still approached upper-level management at the SOCC to ensure Members were looked after. Senior Vice President Mick Kelly was awarded the 20-year WAPU Service Pin while East Kimberley Branch President Stuart Lapsley received his 10-year pin. Five-year pins were awarded to: Cliff Daurat (Sex Crimes Branch), Blair Moulton (North Pilbara), Michael Sedgman (Licensing Enforcement), Neil Vanderplank (West Pilbara Branch), Hannah Vialls (Serious & Organised Crime) and Glenn Wishart (Geraldton). For the first time, the Union held an Auction, conducted by Emcee Tiny Holly. Fourteen auction items were put under the hammer including sporting memorabilia, artwork, wine and an original 1974 full length, kangaroo hide leather coat which was worn on patrol and kindlydonated by Dave Lampard. The donated items raised $5,975 for WA Police Legacy. ▷ 29 POLICE NEWS DECEMBER 2019


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Conference Dinner 26TH NOVEMBER 2019 PARMELIA HILTON HOTEL, PERTH

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01 Dorry Grzinic, Michael Paterson, Michael Sedgman, Dave Lynn and Glenn Wishart. 02 Scott Williams, Marica and Matt Murray, Mark Sims, Grant Gerken and Vicki Bennets. 03 Blair Moulton, Wayne Warfield, Aaron Honey and Adam McGregor. 04 Ann and Dave Lampard. 05 Neil Anderson and Stuart Lapsley. 06 Christian Patten, Dave Bentley, Susan Henderson, Poppy Chetcuti, Murray Farrell. 07 Jason Gentili, Katrina Mason, Jessica Cuthbert, Neil Vanderplank and Jason Brewer. 08 Simone Taplin, Mike Green and Gemma Priest. 09 Peter Katsambanis, Graham Daisley, Adam Simmons and Ben Giff. 10 Damian Eynon-Williams, Gary Allison, Barney Gask, Claudio Galloni. 11 Penny Brown, Harry Arnott and Tarryn Smith. 12 Andy Smith, Carl Grossetti, Asha Greenough, Bodie Green and Tone Greenough. 13 Barney Gask and Kate Major. 14 Harry Arnott and Mick Kelly. 15 Mick Kelly congratulated by Peter Katsambanis for his 20-year Service Pin. 16 Stuart Lapsley was awarded his 10-year Service Pin. 17 Five-year Pin recipients Blair Moulton, Glenn Wishart, Harry Arnott, Michael Sedgman, Neil Vanderplank and Cliff Durant. 18 Emcee Tiny Holly conducting the Conference Dinner Auction. 19 Julian Snowden, Allan Cannon, Rebecca and Jayson Taws and Geri Porter. 20 Janine Flanagan, Kristi McEvoy, Simone Taplin, Jade Shepley, Rachel Rawlins, Allison Ramirez, Kristy Miles and Gemma Priest. 21 Minister for Police Michelle Roberts. 22 Robin Moore, Mark Andrews and Greg Stewart. 23 Val Doherty, Mike Dean and Chris Vitler. 24 Annual Conference Dinner. 25 Paul Hunt, Michelle Jose and Dean Giacomini. 26 Dave Lampard and Harry Russell. 27 Ryan Murphy, Tiny Holly and Frank Agostino. 28 Harry Arnott awards Cliff Daurat his five-year Service Pin. 29 Dowd-Dempsey Award winner Scott Sulley and Dave Lampard. 30 Life Members Russell Armstrong, Robin Moore, Dave Lampard, Jon Groves, Mike Dean and John Weaver. 31 Harry Arnott awards Blair Moulton his five-year Service Pin. 32 Mick Burnby, Richard Wells, Cliff Daurat and Gareth Reed.

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ANNUAL CONFERENCE

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2019 ANNUAL CONFERENCE MOTIONS EXECUTIVE, COMMITTEE AND FINANCIAL REPORTS

1.0 PRESIDENT’S REPORT

That the President’s Report for 2019 be accepted. Moved: H Russell Seconded: G Daisley CARRIED

2.0 LEGAL REPORT

One of the most significant risks we undertake as a police officer is holding people in custody. Police officers and police auxiliary officers take this role seriously and we are intent on ensuring the safe of passage of people through our custody. Police facilities, particularly in regional WA, are lacking and are putting both our Members and those in custody at risk. Moved: J Gentili Seconded: D Flaherty CARRIED

That the Legal Report for 2019 be accepted.

1.2 EXECUTIVE MOTION Moved: D Flaherty Seconded: M Paterson CARRIED

3.0 SECRETARY’S REPORT That the Secretary’s Report for 2019 be accepted. Moved: G Wishart Seconded: J Mora CARRIED

4.0 TREASURER’S REPORT That the Treasurer’s Report for 2019 be accepted. Moved: D Flaherty Seconded: M Gill CARRIED

1.0 CORPORATE

1.1 EXECUTIVE MOTION Conference directs the Board of Directors to lobby the State Government and the Commissioner of Police to ensure there are suitable security arrangements for all police facilities and stations, focusing on the security for both for staff and persons in custody. Explanation Preliminary inspections of police facilities across the State has shown significant deficiencies in police buildings. Police officers have been subject to unwanted attention from non-police personnel; at times have been threatened and assaulted; and police and private vehicles have been damaged. This is a significant threat to members of the WA Police Force and it is incumbent on this Government to provide appropriate security and safe working conditions for our people.

Conference directs the Board of Directors to lobby the Commissioner of Police to develop a program to assist with the mentoring of police officers. Explanation The previous mentoring program has fallen away and there is a real need to implement a program to assist Members. WAPU receives continuous feedback from the membership with regards to the promotion system. Officers are so busy in their day-to-day many find they do not have time to undertake further training for development. Previously, the WA Police Force held training for officers at each rank which seems to have fallen by the wayside. Some issues experienced by officers seeking promotion include a difficulty in identifying opportunities and framing examples where they can demonstrate that they have met the capability profiles for the next rank, and how to structure those examples. This issue has been compounded by the fact that there is not a contemporary performance management framework in place. Anecdotal evidence suggests that Members will not apply for promotion due to the draconian tenure policies which exist in the WA Police Force, subsequently the WA Police Force may miss out on excellent managers/ leaders who are not in a position to transfer. Mentoring does not only have to relate to promotion and may include some in-service training to develop officers for other roles within the WA Police Force or to better themselves in their current role. Moved: D Hutchinson Seconded: G Wishart CARRIED

1.3 EXECUTIVE MOTION Police officers are subject to increasingly difficult workloads and significant increases in dangerous tasking. Due to the scourge of methamphetamine and the level of terrorist threat we are now dealing with significantly more unpredictable and dangerous people.

32 POLICE NEWS DECEMBER 2019

In accordance with Rule 11.5 (f) the amount of death benefit paid from the WAPU Death Benefit Levy on the death of a Member (including Retired Member) and a Retired Member’s spouse be increased to $5,000


Explanation The Death Benefit Levy was increased from $2,750 to $3,500 at the 2012 Annual Conference. The amounts proposed take into account the increased cost of funerals over the last seven year and will provide greater support to our Members’ families during their time of grief. Moved: W Adamson Seconded: S Kent CARRIED

1.4 EXECUTIVE MOTION Conference directs the Board of Directors to lobby the Commissioner of Police to review non-operational status and the deployment of non-operational police officers. Explanation Currently positions are identified as “operational”, “non-operational” and either/or. There are many roles within the WA Police Force that exist only as “operational”. Many of these roles are supervisor roles and the supervisor is rarely on the road, instead dealing with resourcing or logistics from an office environment. Many of our injured officers, many of whom were injured on the job, are non-operational for a medium to long term period. Whilst they are injured they are still capable of leading staff and making decisions. Not giving these officers opportunities discredits their many years of service and the valuable contribution they want to make to policing. By investing in and trusting our people, the WA Police Force will receive a far greater benefit than by discarding them. Moved: J Groves Seconded: M Daley CARRIED

2.0 INDUSTRIAL

2.1 EXECUTIVE MOTION Conference directs the Board of Directors to lobby the Commissioner of Police to conduct a comprehensive review of Officer in Charge and Commissioned Officer Hours of Duty, with a view to better recognising the expectations placed on those officers’ availability and utilisation. Explanation There has long been a growing expectation on OICs to respond to tasking outside their sub-district, be “rostered” specific hours, or to work for significant lengths of time within their sub-district rather than recall other staff. This increased utilisation severely impacts the OICs ability to selfmanage their time, which directly impacts their wellbeing. Recent directions from the Employee Relations Division instructs OICs they are not permitted to manage their additional hours beyond the week they may incurred, reminding them their salary is compensation for whatever number of hours they are required to work. This instruction brings into question the appropriateness of the current OIC rates of pay, where the weekly hours are increased without the opportunity to adjust.

Similarly, there is a trend to “roster” commissioned officers in some work areas, which limits their ability to manage their hours to average 40 hours per week. The expectation, supported by current arrangements, sees them available 24/7 with work demands being forced through rostering outweighing other considerations when it comes to managing their hours. Moved: W Adamson Seconded: J Mora CARRIED

2.2 EXECUTIVE MOTION Conference directs the Board of Directors to lobby the Commissioner of Police to establish a working group to fully investigate and address the Deployment Policy, with a significant focus on tenure. Explanation Tenure is a divisive issue within the WA Police Force with a wide range of views and opinions. Several WA Police Union Annual Conferences have discussed motions relating to tenure and to date an acceptable resolution has yet to be found. This year, Branches have again provided a large number of motions relating to tenure, all with differing views so, the Board of Directors believes a working group made up of sworn personnel from all portfolios as well as a Union representative is the best way to solve this matter. Moved: P Gale Seconded: M Johnson CARRIED

2.3 WEST PILBARA BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to amend the current tenure restrictions to a six-year maximum, where tenure is applied. Further, subsequent extension to the seven-year be at the discretion of the relevant district superintendent and be based upon the performance the officer in reaching KPIs, as well as the schooling and family needs of the officer. Explanation The reasons for extended tenure in regional WA can be for many and varied reasons including family, personal and professional reasons. This minor amendment will allow for officers to allow their children to complete schooling at one school. This will aid in the stability of the child at the school and aid their mental wellbeing of the upheaval of the challenges related to transitioning between schools. This will also in turn save the WA Police Force a significant amount of money, being that each transfer costs an average of about $20,000 if the department can save 100 transfers that are currently being forced due to maximum tenure there will be a saving of $2 million. A change to the policy allowing for family/schooling circumstances to be taken into account will lead to happier personnel and their families, who are not being forced to leave their current positions whilst children are attending school. WITHDRAWN 33 POLICE NEWS DECEMBER 2019


2.4 STATE TRAFFIC OPERATIONS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to remove tenure for Members attached to the State Traffic Portfolio. Explanation Given the limited locations of metropolitan State Traffic being Midland, Warwick and Forrestdale, and the style of policing delivered, the portfolio traditionally struggles to attract potential and suitable employees through the WA Police Force Deployment Unit. Once a Member commences within the portfolio, dependant on their role, develop a repertoire of skills specific to the role which is developed over time. Some areas, although not ‘specialist’ require vigorous training which is then enhanced over a long period of service. Many Members attached to the portfolio are there because they want to conduct the type of policing that traffic/road policing requires. The current maximum tenure of four years is counterproductive, the training undertaken and the experience developed over time and does not maximise a ‘return of service’ from a member, policing jurisdictions throughout Australia and New Zealand do not enforce tenure of traffic/road policing members and officers throughout this region are subject to performance management and generally sat within this area of policing for the long term, should they desire. WITHDRAWN

2.5 STATE TRAFFIC OPERATIONS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to extend the maximum tenure to six years with an additional two x one-year extensions available based on performance for Members attached to the State Traffic Portfolio. Explanation Members attached to State Traffic Operations are subject to the same tenure policy as general policing within the eight-district metropolitan area. General policing officers are able to work within the same district for a period of eight years provided they work at two separate work locations in that district of no more than four years. This allows a general policing officer the security and knowledge that their workplace will not change significantly relative to distance travelled to and from minimising adverse effects such as fatigue and work-life balance. Members attached to many areas within the traffic portfolio have developed a special skillset across many facets of road/traffic policing. An officer attached to State Traffic who may work at TEG 2 (Midland) has only the option of TEG 1 (36 kms away) or TEG 3 (26 kms away) if they seek to perform the same role. It does not make sense to force an officer to change location after four years to fulfil the same role somewhere else in the portfolio. The change to commuting distances are significant and would have a detrimental effect on officer’s health and wellbeing inclusive of increased fatigue and work-life balance. There are other officers attached to the portfolio who are being forced to seek positions elsewhere, to which some are being adversely affected due to

34 POLICE NEWS DECEMBER 2019

medical reasons. Given the limitations for job vacancies for non-operational officers, forcing the officer to seek another position after four years can adversely affect their mental and physical health and wellbeing. WITHDRAWN

2.6 NORTHERN ROG BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to review the tenure policy for State Operations Division and Regional Operations Group and bring it in line with either: • The Metropolitan Region Portfolio where officers have two years minimum and four years maximum station tenure. Officers may complete two consecutive tenure periods in two different stations within the same district. After completing two consecutive tenure periods within the same district, officers are required to actively seek transfer to an alternative district/portfolio; and • Officers within the State Traffic Operations Division may complete consecutive tenure periods (two years minimum and four years maximum) across different traffic groups. For example, upon completion of tenure in Traffic Enforcement Group 1, an officer may apply for transfer to Traffic Enforcement Group 2 and complete a further tenure period of two years minimum and four years maximum; or • The Tactical Response Group who have a minimum tenure of three years and maximum of five years. Explanation Currently, Regional Operations Group have a minimum tenure of two years and maximum of four years which is also the maximum for the division. Over recent years, the role of Regional Operations Group has changed and the extent of our capabilities has grown requiring additional active armed offender training with the AR15 patrol rifles. This accompanied with public order, tactical commander, confined space extraction, tactical arrest option, breathing apparatus and lock on training, it becomes a large investment for the Agency given that many of these skills are perishable over time and require requalification. It is also important to retain officers with experience to ensure an appropriate response when dealing with high risk situations such as active armed offenders. Given that it is a new role an extension of tenure would also allow the division to succession plan, ensuring a good cross section of both experienced and newly trained officers. The benefits of increasing tenure would ensure a fairer tenure policy across districts/divisions, be more cost effective, retain experienced staff and provide a better capability as an Agency. WITHDRAWN

2.7 NORTHERN ROG BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to amend the tenure policy to a model that keeps minimum tenure and replaces maximum tenure to open ended, subject to performance management.


Explanation Presently, the WA Police Force is the only jurisdiction in Australia that broadly applies a maximum tenure. The cost to officers, both financially and psychologically, when they are being forced to move for no other reason than time diligently served can be severe, with many officers performing at a high level feeling they are punished despite doing their job well. If an officer is forced to move after completing district tenure, for some Members this can double or even triple the commute to get to the next closest district leading to financial hardship, fatigue and loss of productivity due to disillusionment with their workplace.

retention of skilled and experienced employees in a role for longer, reduction in the knock-on costs of training and moving new-to-role employees, and by providing org units and employees with the increased ability to plan ahead e.g. schooling. WITHDRAWN

2.9 MIDLAND WORKSHOPS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to review the current tenure policy in regard to areas such as Forensic Division which have specialist criteria.

Further, the financial cost to the Agency moving officers constantly can be high. Tenure is applied in an unfair and ad hoc way with 58 police stations (shown below) having no maximum tenure and the policy’s own wording stating: “continuance beyond minimum tenure is at the discretion of the district head and is dependent on organisational needs and the officer’s professional development needs”. This is the policy that should be adopted across the WA Police Force.

Explanation Forensic officers undertake formal, in house and on the job studies and training which are ongoing. Also, the courts have a requirement that officers giving expert evidence have particular qualifications or a certain level of experience. These specialised officers cannot be readily replaced if the tenure policy is enforced. We request a minimum tenure of 10 years to ensure return of service.

Albany, Australind, Bencubbin, Beverley, Boddington, Boyup Brook, Bridgetown, Brookton, Bruce Rock, Bunbury, Carnamah, Collie, Corrigin, Cranbrook, Cunderdin, Dalwallinu, Donnybrook, Dowerin, Dumbleyung, Geraldton, Gnowangerup, Goomalling, Harvey, Hopetoun, Jerramungup, Kalgoorlie, Kojonup, Kondinin, Koorda, Kulin, Lake Grace, Manjimup, Merredin, Mingenew, Morawa, Mount Barker, Mukinbudin, Nannup, Narembeen, Narrogin, Northam, Northampton, Pemberton, Perenjori, Pingelly, Quairading, Tambellup, Three Springs, Toodyay, Wagin, Waroona, Wickepin, Williams, Wongan Hills, Wundowie, Wyalkatchem, Yarloop, York.

Moved: J Maddison Seconded: C Whalley LOST

WITHDRAWN

2.8 MIDLAND BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to amend the maximum tenure for positions currently subject to a four-year maximum, to a new six-year maximum. Explanation Significant knowledge, skills and experience is consistently lost from positions with a maximum tenure of four years due to adherence to tenure policy. Often this occurs just as or not long after the employee has reached their optimum performance in the position, and only after significant time and money has been expended by the Agency on the employee and the position. Whilst WAPU acknowledges the Agency’s stated goal to develop all of its employees, hence the current enforcement of tenure policy by the Agency, WAPU recognises that by extending maximum tenure from four years to five years, the Agency stands to gain a greater benefit from the investment in the employee and the position, by retaining that knowledge, skill and experience in the position for an increased period of time. By the Agency increasing maximum tenure from four years to six years, the Agency will maintain adherence to the tenure policy and their reasons for it, whilst benefiting from: increased morale, increased productivity through

2.10 PROSECUTING BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to extend the maximum tenure to six years with an additional two x one-year extension available based on performance for Members attached to the Prosecuting Division Explanation Prosecuting is a unique role in that it is completely different to all other policing roles. On a daily basis, prosecutors have to do their job against solicitors and barristers who have completed at least four years university study in law with many of them having decades of experience. Staff retention at prosecuting services is an ongoing issue due to other factors such as lack of shift allowances and no real prospect of promotion, another compounding factor is staff having to leave due to tenure restrictions. Prosecutors have seven weeks additional training when they commence their tenure and continue to build their knowledge and skills throughout their tenure. With current tenure restrictions in place, a vast amount of knowledge and skill is lost as senior prosecuting staff leave or are forced to leave once their tenure is up. The staff who are forced into another position are then given a minimum tenure role in a position they do not wish to be in. WITHDRAWN

2.11 SOUTHERN ROG BRANCH Conference directs the Board of Directors to change tenure policy in respect of the Regional Operations Group and to bring it into line with the rest of the metropolitan area.

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Explanation Along with general duty policing Regional Operations Group (ROG) officers, are expected to qualify in the following skills: PORT Basic, PORT Intermediate, PORT Advanced, Protester Lock On removal, Protester removal, Stadium Tactics, ROG empty hand tactics, Public Order Evidence Gathering, Confined Space Extraction, Flexi Cuffs, Fast Straps, Avon C50 Full Face Respirator, Enhanced AR15 user, Public Order Tactical Command, Public Order Strategic Command (Sgts and above), Constables within the unit must qualify and remain competent in PORT and enhanced AR15 user. Sergeants must qualify and remain competent in PORT, AR15 enhanced user and Public Order Tactical Command. Due to the nature of the courses and competing priorities such as tasking support and deployments to regional WA, it can take up to two years for officers to become qualified.

a requirement of GROH to have the address cleaned and have the carpets professionally cleaned. Officers are under no illusion this needs to happen however, the incidents of GROH sending bills to officers after months of being out of the address for cleaning are occurring. There is no provision for the officers to attempt to rectify this as they often have transferred hundreds of kilometres away. By allowing the officers a cleaning day the standards of GROH will be met, stress and time pressures on officers and their families will be reduced. It will also allow incoming officers the peace of mind that their new home is fit to move into and has been left in a positive state. Moved: N Vanderplank Seconded: P Meatyard CARRIED

2.13 WEST PILBARA BRANCH Under current tenure policy, State Operations Division has a four-year maximum division tenure (one tenure period only). It is towards the end of this compulsory tenure period that officers have built significant specialist knowledge relating to their respective areas have to move and transfer to areas that have no or little relationship with that specialist knowledge. The loss of experienced, qualified staff adversely influences the ability of ROG to maintain a high standard of service delivery and impacts on the development of officers. It also negatively affects the morale of officers wanting to remain and build on their expertise. The rest of the metropolitan area has the following tenure policy; officers within the Metropolitan Region Portfolio have two years minimum and four years maximum station tenure. Officers may complete two consecutive tenure periods in two different stations within the same district. The Branch wants tenure policy in relation to State Operations Division (ROG) amended as follows: • Two years minimum, four years maximum, with two consecutive tenure periods in two different stations within the same district; or • Three years minimum, five years maximum. WITHDRAWN

2.12 WEST PILBARA BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to amend the current transfer practices relating to moving out of Government Regional Officer Housing (GROH) by allowing one day (classified as a work day) to be allocated as a cleaning day. Explanation Currently as it sits, officers are having a pack day followed by an up lift day before driving out of town however, the cleaning of the house to the standards of GROH are attempted to be completed around the movers. It is 36 POLICE NEWS DECEMBER 2019

Conference directs the Board of Directors to lobby the Commissioner of Police to amend the Police Manual Policy HR14.07.2.2 in relation to the Deployment Panel Chair and remove the words: “the chair has authority to supersede recommendations made on an EOI selection file without further consultation. Decisions made by the Deployment Panel Chair are final.” Replacing this with: “Should the Deployment Panel Chair differ with the selected applicant to the OIC of the selection panel, an independent person (superintendent or higher rank of the vacancy location) will be appointed to hear reasoning from both and make a final decision.” Explanation As it stands, OICs go through a rigorous selection process including vetting and interviews which are designed to identify the best candidate for the vacant position. Once this recommendation is sent to the Deployment Panel, they can disregard the selection panel and choose an alternate officer with no consultation with limited information as they are not a part of the selection process. In line with the Code of Conduct in openness, honesty, fairness and accountability this would provide a fairer process for all parties involved. Moved: N Vanderplank Seconded: S Kent CARRIED

2.14 STATE TRAFFIC OPERATIONS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to remove the discrimination and inequity by including all employees in Clause 31 Bereavement Leave sub-clause 7. Explanation Subject to prior approval from the employer, a regional employee entitled to bereavement leave and who as a result of that bereavement travels to a location within Western Australia that is more than 240 kms from their workplace will be granted paid time off for the travel period undertaken in ordinary hours up to a maximum of two rostered shifts per bereavement. In May, a Member’s father in law passed away in his home town of Esperance, the Member’s wife, who is a nurse, gave up her job months before to go and care for her father. Under the award the Member was entitled to two days


bereavement leave, which given the distance to Esperance was used on travel there and back. The Member was required to take annual leave for the additional days required to be with his wife and the funeral. A regional-based employee under the award would have been entitled to, subject to approval, two rostered shifts for travel purposes, if there was a need for them to travel the same distance from their workplace. Moved: M Jose Seconded: P Gale CARRIED

2.15 TRAFFIC ENFORCEMENT GROUP NORTH Conference directs the Board of Directors to lobby the Commissioner of Police to allow sworn police officers to be fully reimbursed for all costs pertaining to one full body mole scan per year at a location and time of their choosing without a referral note or needing to meet the current $200 threshold on medical claims. Explanation Presently, Members can claim most out of pocket expenses arising from medical procedures, provided they have a note from a referring physician (referral). Under current policy, Members cannot make a claim for reimbursement until they have accrued a minimum of $200 of claim(s) under this process. It is no secret that operational Members are exposed to the sun frequently on a daily basis and as such are at a higher risk of developing skin cancer which can show up on areas of the body that do not receive sun exposure. It is proven that early detection of skin cancer is lifesaving. The WA Police Force must recognise the extreme importance of the early detection of skin cancer and permit Members to be fully reimbursed for one full body mole scan per year at a location and time of their choosing. Furthermore, claims to this procedure should be independent of the $200 minimum threshold as presently required by all other procedures to give operational Members the freedom and confidence to undertake these yearly checks. Moved: C Patten Seconded: M Johnson CARRIED

2.16 MIRRABOOKA BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police asking for HR-09.01 Part Time Arrangements, HR-09.02 Home Based Work and HR-09.03 Flexible Work Options to be reviewed, with a view to restrict the number of arrangement revisions or changes permitted in a calendar year to a set period of time agreed to by both the employer and employee. The current policy allows for unlimited reviews and changes to existing arrangements resulting in some Members having changes made as frequently as every three months. Explanation Current policy under HR09.04.1 Stage 7 Review states a review must occur when request is presented by either the work area or employee. This policy allows for unlimited reviews and changes to existing arrangements within the 12-month period with some Members having changes made as frequently as every 3 months.

With no predetermined timeframe for reviews, Members have a feeling of uncertainty and instability in the workplace which adds unnecessary stresses, particularly when there are external ramifications to frequent changes such as child care. WITHDRAWN

2.17 MIDLAND BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police asking for HR-09.01 Part Time Arrangements, HR-09.02 Home Based Work and HR-09.03 Flexible Work Options to be reviewed, with a view to restrict the number of arrangement revisions or changes permitted in a calendar year to a set period of time agreed to by both the employer and employee. The current policy allows for unlimited reviews and changes to existing arrangements resulting in some Members having changes made as frequently as every three months. Explanation Current policy under HR09.04.1 Stage 7 Review states a review must occur when request is presented by either the work area or employee. This policy allows for unlimited reviews and changes to existing arrangements within the 12-month period with some Members having changes made as frequently as every 3 months. With no predetermined timeframe for reviews, Members have a feeling of uncertainty and instability in the workplace which adds unnecessary stresses, particularly when there are external ramifications to frequent changes such as child care. WITHDRAWN

2.18 MIDLAND WORKSHOPS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police asking for HR-09.01 Part Time Arrangements, HR-09.02 Home Based Work and HR-09.03 Flexible Work Options to be reviewed, with a view to restrict the number of arrangement revisions or changes permitted in a calendar year to a set period of time agreed to by the employee. The current policy allows for unlimited reviews and changes to existing arrangements resulting in some Members having changes made as frequently as every three months. Explanation Current policy under HR09.04.1 Stage 7 Review states a review must occur when request is presented by either the work area or employee. This policy allows for unlimited reviews and changes to existing arrangements within the 12-month period with some Members having changes made as frequently as every 3 months. With no predetermined timeframe for reviews, Members have a feeling of uncertainty and instability in the workplace which adds unnecessary stresses, particularly when there are external ramifications to frequent changes such as childcare. Moved: J Maddison Seconded: A Cleaver CARRIED

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2.19 WEST KIMBERLEY BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to increase the Night and Weekend Shift Penalties. Explanation Shift penalties have only increased by the percentage of the wages increase for many years. Other areas of the public sector are paid penalties at a much higher rate. There has been many suggestions of a frontline allowance but this has never eventuated. Determining “frontline” also poses further question as to what this is.

2.21 SOUTHERN ROG BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to amend the Country Deployment Allowance (CDA) to increase the amount paid from $20 per night to $75 per night for all staff who travel overnight away from their work location as part of their duties.

Frontline allowance has been sought on many occasions without success. Taking the approach to increase shift penalties will ensure a fair rise in pay for shift working officers, who are predominately frontline.

Explanation Regional Operations Group Officers are expected to deploy to regional WA with little to no notice in response to ongoing operational situations. This can have significant impact on an officer’s personal life. In addition, the shifts worked whilst on deployment are often changed meaning a loss of shift penalty for the involved officers. Currently, the allowance is set at $20 per night. The Branch requests this be amended to $75 per night to better compensate the inconvenience placed upon deploying officers.

$150 per night shift, $100 per weekend shift would place frontline officers in line with other police jurisdictions.

Moved: H Russell Seconded: G Daisley CARRIED

To ensure equity across the WA Police Force, we suggest an increase in the penalties that effect the frontline working officers that are greatly affected. Night / Weekend Shift interferes not only with your health and wellbeing but also family and home life. Moved: D Groenenberg Seconded: D Flaherty CARRIED

2.22 AIR WING BRANCH Conference directs the Board of Directors to direct the Commissioner of Police to implement a specialist allowance for Police Air Wing officers based on competency and qualifications held by officers to fulfil their duties. Explanation An allowance of 10 per cent is sought for Air Wing officers to remunerate them for conducting their unique and specialised role.

2.20 PROSECUTING BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to investigate and approve an attraction and retention allowance for police prosecuting officers. Explanation Police prosecutors have to undertake a mandatory seven-week training course and continuous training and studying throughout their careers as prosecutors. This training and development is to allow them to sufficiently handle all matters that arise within the Magistrates Court as representatives of the WA Police Force. These matters can be simple or very complexing matters with the prosecutors facing solicitors and barristers who have all undertaken a minimum of four years university study to do the same job as prosecutors are expected to do.

Air Wing officers are required to undertake a stringent training package to allow them to conduct the aviation duties expected of their position description. These include getting and maintaining Aviation Medical Clearance, completing and renewing Helicopter Underwater Egress Training, maintaining a high level of physical fitness to complete the role which is assessed biannually. The expertise and levels of risk associated with the various tasks undertaken require officers to be placed in high risk situations such as: Low level water operations conducting marine search and rescue searches along with the associated recovery techniques; Helocasting (Rescue Crewman deployment from the helicopter overwater); Winching operations over land and sea up to heights of 250 feet: and Remote low level NVG operations looking for missing persons.

In order to do this role, officers have to sacrifice all shift allowances/shift penalties that they previously would have been entitled to, making the role of a prosecutor less appealing resulting in regular staff shortages and staff having to leave. As it stands, there is no other unit within the WA Police Force that could do this role without the training and development and specialist skills that are learned as a prosecutor. The community and the WA Police Force expect prosecutors to have high success rates and perform to an excellent standard.

The training burden on officers is intense and continual and is now mandated by Civil Aviation Safety Authority (CASA) to be of a Certificate IV level which officers now must complete as part of being operational.

Moved: K Miles Seconded: M Voyez CARRIED

Officers are also penalised financially on the decision to join Air Wing as there is a significant reduction in shift allowances and overtime as there is restrictions placed upon flight duty periods by CASA regulations which they

38 POLICE NEWS DECEMBER 2019

We are the only government asset in Western Australia that conducts Aerial Fire Support operations, provides officer deployment around the state, provides a resolution strategy within the evade police policy and provides back-up to DFES for fire mapping and aerial logistics.


must adhere to or face scrutiny and penalty from that authority. This has been a motivating factor in some transfers out of the unit. Conversely, the lack of earning potential whilst attached to Air Wing has deterred excellent candidates from applying to the unit as they require the extra shift penalties and overtime they generally incur with their work to maintain their standard of living. The cost to train an officer from initial transfer to a fully qualified tactical flight officer at Air Wing is a sizeable amount. The specialist allowance would alleviate some pressures regarding staff turnover and loss of experience. Moved: J Gobbels Seconded: P Meatyard CARRIED

2.23 CENTRAL MIDLANDS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to revisit Clause 12(16) Hours of Duty - OICs to add the discretion of adjustment of hours to go beyond the immediate week in which the additional hours are worked.

2.24 CENTRAL MIDLANDS BRANCH Conference directs the Board of Directors to lobby the Commissioner to obtain definitive direction as to when an OIC can be paid overtime, even though he/she is working that day however, is undertaking tasking duties in another sub-district which incurs overtime and that direction then placed into the next Industrial Agreement. Explanation Under the present arrangements, if a country OIC travels away from his / her sub-district and assists as back-up staff / tasking for an incident in another sub-district, which then incurs overtime, they are expected to adjust these additional hours in accordance with Clause 12(16). It is acknowledged that this has been an ongoing issue throughout regional WA for many years, and in the past some district superintendents and OICs have taken it upon themselves to pay the overtime, then an audit from Management Audit Unit requires the officer to repay the funds as they deem this to be a breach of the Industrial Agreement / policy and the OIC is deemed not entitled to be paid this overtime.

A sub-clause to be added that allows some adjust of hours worked to be taken the following week.

Can we have a definitive answer, as can be clearly seen the OIC is not acting as an OIC when performing tasks in another sub-district, yet is expected to adjust their hours as if they had incurred the overtime undertaking duties in their sub-district.

Explanation Under the present arrangements, country OICs and Members relieving as country OICs need to self-regulate the hours they work each week to try and average it out at 40 hours.

Moved: M Daley Seconded: D Flaherty CARRIED

2.25 ROCKINGHAM KWINANA BRANCH Whilst it is expected that country OICs will have no fixed hours of duty, this is known as intermittent duties.

Conference directs the Board of Directors to encourage review of pay level for detective investigators.

This means that if an OIC works an eight-hour shift on a Monday from 8am to 4pm and then is called out to attend a job from 7pm to 10pm (three hours), they have worked 11 out of their 40 hours so they then adjust their working hours to average out at 40 hours for that week. The OIC does not have to work from 8am to 4pm or any other set shift each day.

Explanation The WA Police Force currently have several different levels of investigators, level one to level seven. All levels come with different training and responsibility. This is not reflected in the pay grade. Investigators are specialised and are required at times to make critical decisions impacting on life and property, later to be scrutinised at the Supreme, District or Coroner’s Court.

In the majority of country stations, the OIC is not only the officer in charge of the station by an integral part of the workforce and makes up one of the patrolling / tasking officers for that station from time-to-time. In many country stations, an OIC works a set rostered shift that is subject to a shift penalty which then they are entitled to claim that shift penalty for the time worked. This means that if the OIC works excessive hours the previous shift, the second officer is without a partner for the next shift as the OIC is adjusting. This is neither a safe practice nor acceptable under the OSH (safety of our fellow officers) or policy (single officer patrol) to occur. If the week was an afternoon shift week and excessive hours are worked during that week, then the next day shift / intermittent duty week is when the OIC or a relieving (OIC) officer should be able to adjust these hours. Moved: M Daley Seconded: M Gill CARRIED

The WA Police Force recognise the importance of ongoing professional development for detectives. This process is managed by way of the investigator levels (i levels), in conjunction with the WA Police Force Investigation Doctrine. So if this is recognised why it is not reflected in a pay scale? For example, every one level should receive a pay increase with training and responsibility received. Can the Union be tasked to request a pay scale for different investigation levels? Officers who hold level (i1) to (i3) are not designated as detectives. Investigator levels will be designated in the following way: (i1) Investigator: • Recruits • Probationary constables. 39 POLICE NEWS DECEMBER 2019


(i2) Investigator: • Permanent constables • First class constables. (i3) Investigator: • Substantive senior constable (or higher), or officers that have: o Undertaken a General Investigators Course, or; o Former detectives with less than two years’ service as a substantive (i5) detective. (i4) Probationary detective: • Officers who have successfully completed the Introductory (i4) Detective Investigation Training (DIT) Course, and; • Are in the process of completing the (i4) Detective Development Program. (i5) Permanent detective: • Detectives who have successfully completed the (i4) Detective Development Program; or • Detectives who completed their full detective probation requirements prior to the introduction of the investigator levels. (i6) Detective supervisor: • Detectives who have successfully completed the (i6) Detective Supervisor Course, and; • Holds a minimum substantive (or acting) rank of sergeant. (i7) Senior investigating officer: • A current or former (i5 or higher) detective • Has successfully completed the (i7) Senior Investigating Officer (SIO) Course or a recognised contemporary equivalent program • Holds a minimum substantive (or acting) rank of senior sergeant; or • Is appointed by the Assistant Commissioner (State Crime) for a specific operational or agency need. Moved: R Wells Seconded: M Voyez CARRIED

2.26 EXECUTIVE MOTION

enforced by any other such officer or constable, or his assistants; and every such last-mentioned officer, constable, and his assistants, shall have all and every the same rights, powers, and authorities for and in the execution of such process, order, warrant, or command, as if the same had originally been directed to him or them expressly by name. And a breach of the condition of a recognisance may be proved upon ex parte proof on oath thereof.” The section is very broad and needs to be amended so that police are responsible for specific police-initiated activity with the Courts. For example, Busselton Police have recently been requested to serve a summons on behalf of the Department of Mines & Petroleum, for a prosecution they have commenced. The Court has provided this section as the explanation for why police need to serve this summons. Between serving violence restraining orders, VRO respondent, protected person and witness summonses, witness summons for your own and other stations, firearm files (regional WA), MDL medical revocations, etc. Police are already doing enough work as glorified post deliverers. The section should be amended/replaced to reflect something similar to: “police processes and other prosecuting authority processes” where other processes are carried out by a bailiff or sheriff appointed by that authority or the Court. Section 22 reads: “The Commissioner or other commissioned officer of police shall take care that a sufficient number of police constables shall be available to every court of summary jurisdiction for the purpose of executing such summonses and warrants as may be directed to them, and returning the same.” The Branch understands the responsibility of police when assisting in Court processes. However, for the same reasons stated above, police should only be dealing with Police initiated processes. Police have enough responsibility as it is, without taking on the Courts work if requested when there are other options.

Conference directs the Board of Directors to lobby the Commissioner of Police to suspend all decisions relating to maximum tenure until the completion of any review of tenure.

Overall, any positive amendments to these sections would increase time for actual police-related activities.

Moved: H Russell Seconded: M Johnson CARRIED

Moved: B Walder Seconded: G Reed CARRIED

3.0 LEGAL

3.1 LEEUWIN NATURALISTE BRANCH Conference directs the Board of Directors to lobby the State Government to review and amend Section 21 and 22 of the Police Act 1892. Explanation Section 21 reads: “Every non-commissioned officer and constable of the Police Force shall execute all process to him directed for levying the amount of any recognisance forfeited to Her Majesty, or of any fine imposed on any jurors, witnesses, parties, or persons, at any Court of Judicature, or any other fine imposed under any Act in force in the said State, and any process, or any other warrant or command of any Justice directed, delivered, or given to any such non-commissioned officer or constable, shall or may be executed and 40 POLICE NEWS DECEMBER 2019

4.0 OPERATIONAL

4.1 GERALDTON BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to research, commit to, and roll out crowd dispersal equipment and relevant training to all police officers at large regional WA police stations. Explanation Officers in regional WA towns such as, but not exclusively, Geraldton, Carnarvon, and Kalgoorlie have been experiencing increasing numbers of incidents involving large crowds fighting. In these areas, there are simply not enough police to deploy to effectively engage and disperse the crowds using traditional public order methods (shields, formations and batons).


This then places officers in a difficult position, do they wade in, hugely outnumbered, untrained, with insufficient equipment and backup which could ultimately end up with officers seriously injured or killed. Or do they stand back, observed, record and document the incident and key offenders, to be able to locate and arrest them after the crowds have naturally dispersed. This unfortunately from the public’s point of view makes the police look as they are doing nothing, and also increases the risk of serious injury or death to people involved in the disorder. Giving regional officers the training and ready access to additional equipment that can allow officers to remain at a safer distance whilst deploying these crowd dispersal methods in order to separate the parties and quickly reduce the risk to all parties. Moved: G Wishart Seconded: K Guy CARRIED

4.2 GERALDTON BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police and the Minister for Police for a legislated assurance that police officers will not be subject to disciplinary action, be civilly liable or be criminally liable for any injuries or death in violent crowd situations if the aforementioned motion requesting ready access to crowd dispersal devices is denied by the Commissioner. Explanation If attending officers are unable to enter or control a crowd due to numbers and/or weapons they are restricted to watching and recording. Members feel uncomfortable with such when serious injuries and deaths have resulted, and will again. Members feel exposed to legal or disciplinary action as eventually somebody will claim it as a neglect of duty. Moved: G Wishart Seconded: R Rawlins CARRIED

P1 or AR15. These are believed to be necessary qualifications of officers in particularly remote locations. Moved: A Ramirez Seconded: G Wishart CARRIED

4.4 MAYLANDS BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to conduct a comprehensive review into the policy and process surrounding the retirement of dogs within the Canine Section with a view to greater clarity of the process and support for Members choosing to rehome the dog. Explanation Canine handlers who elect to take ownership of a dog who is retired from service are given little support by the Agency, other than payment of vet fees for pre-existing conditions. Policy SS-03.05 as gazetted on Wednesday 31 October 2018 surrounds the rehoming of retired dogs and paragraph three of the section reads: “Why do we have this policy?” The WA Police Force has a responsibility for the care and management of police dogs, including making decisions in respect to their deactivation from duty and subsequent disposal as a working asset. Without rehoming, retired service police dogs would need to be kennelled and cared for on police facilities. There is then the section ‘What is our policy?’ Retired service police dogs considered suitable for rehoming will be gifted to the approved owner without payment. The keywords here are “considered suitable”. The WA Police Force has no procedure in place for assessing the dog’s suitability for rehoming as a pet. They are merely signed over on a form that from that point on relinquished the WA Police Force of any responsibilities for the dog’s actions.

4.3 GASCOYNE BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to mandate training time for all FTE in Regional WA. Explanation Police officers in regional WA are at a disadvantage as far as attending training. Due to operational requirements in the current climate, it is difficult for officers to leave their regional stations to undertake training without leaving their respective stations short staffed. Many regional stations are struggling to fill vacancies which is having a major impact on those police officers that are left policing those towns. Most training approval is at the discretion of the OIC and if they are unable to obtain a relief officer for the time of the training, the training is put by the way side. This is leaving regional WA police officers at a disadvantage. By mandating training it can then be factored into a roster and advance notice given to be able to find a relief officer or alternative whilst that officer undertakes training. Most regional WA stations rely upon themselves for any critical incidents and many officers are not trained in such simple things as Pursuit,

One such dog handed over on this type of form was PD NAS. Just six months prior to his retirement from service, he was deemed so dangerous that the OIC of the Canine Section was fully aware of an action plan for when PD NAS was in the Maylands Police Kennels. Special signs were made to be placed on his kennel warning staff of his manner and instructions on feeding and walking him were created. The officer now owning the dog has no support from the Canine Section, they will not assist with any form of kennelling during leave periods or when the officer is required to travel away in his current role with ROG. He cannot kennel the animal at public kennels as none of them will take him due to the officer having a duty to tell them of his background and temperament. Without officers taking such animals into their care upon retirement the WA Police Force would be left with the long-term responsibility for such animals and it is fair and reasonable for them to give a degree of help and support beyond that of vet fees. Moved: S Sulley Seconded: M Johnson CARRIED 41 POLICE NEWS DECEMBER 2019


4.5 PERTH WATCH HOUSE BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police, to establish minimum staffing numbers for Custodial Staff working at all custodial facilities on any given shift. Explanation There is clear evidence that in busy periods the workload on available staff is compromising the efficiency and effectiveness of Perth Watch House operations and the safety of officers. A shift recently had 10 staff, three of which are unable to leave their positions. This left seven officers, including sergeants and supervisors to move over 50 detainees, some of which were aggressive and uncooperative. Regularly, a team will only have two officers conducting regular cell checks on up to 70 people, and two officers admitting and processing detainees. Police officers are having to wait extended periods of time and detainees are being forced to spend hours in holding cells waiting to be processed. Perth Watch House is also having to turn down numerous escort, hospital guard and mental health escort requests which then keep police off the road for extended periods.

5.0 WELFARE

5.1 BUNBURY-AUSTRALIND BRANCH Conference directs the Board of Directors to conduct research into the benefits of mandatory counselling for Members involved in a critical incident. Explanation Given the amount of traumatic incidents and scenes that police officers encounter, and the culture of the Members, offers of support post-incident often aren’t taken up. Symptoms of PTSD often don’t show up until years later and there is a time delay in Members receiving assistance, often once they are retired or nearing retirement. Research to be conducted by WAPU into the best model to be operated for counselling, if making it mandatory benefits Members and the type of critical incident that would warrant mandatory counselling. Moved: G Reed Seconded: D Flaherty CARRIED

5.2 COMMISSIONED OFFICERS BRANCH Conference directs the Board of Directors to lobby the WA Police Force to design and implement resilience mental health training for police officers.

Meal breaks are unable to be taken, fatigue is not able to be managed, morale and mental health of officers is declining, and therefore more officers are calling in sick, leaving more pressure on the remaining officers which compounds the issue.

Explanation Internationally there is a move to introduce resilience training for police officers. There used to be mental health training in the WA Police Force delivered by the Academy however, this was ceased. In light of the rising pressures of policing and the emerging issues involving mental injury to police officers, resilience training would be beneficial. There is considerable information in the US and international arena in support of this type of training and it is understood that the WA Police Force Academy may be currently considering something along these lines.

Moved: G Priest Seconded: A Simmons CARRIED

Moved: M Voyez Seconded: G Daisley CARRIED

Staffing issues means Perth Watch House regularly has a backlog of detainees to admit and process, which fosters an environment that is under severe and constant pressure, dealing with volatile conditions that is rife with fatigue and OSH issues.

4.6 COMMISSIONED OFFICERS BRANCH Conference directs the Board of Directors to lobby the WA Police Force to design and implement improved processes for commissioned officer selection using de-identified applications, panel members with actual sworn policing experience and include at least one panel member who is external to the Agency. Explanation Many other jurisdictions, nationally and internationally, use de-identified applications in their promotional selection processes to remove the risk of bias and promote independence in candidate selection. Due to the small size of the WA Police Force in comparison, it may be beneficial to engage more independent panel members in the process. It is recommended that consideration is given to engaging independent subject matter experts to conduct short listing of applications and that panel members should have a good knowledge and awareness regarding operational policing matters. These changes to the selection process will deliver more transparency and confidence in panel selection outcomes. Moved: M Voyez Seconded: M Johnson CARRIED 42 POLICE NEWS DECEMBER 2019

5.3 LEEUWIN NATURALIST BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to make 5.11 or similar lower back support belts an option available to all officers when ordering them from SIMR. Explanation As most Members have probably noticed, an increasing amount of officers have bought their own lower back support belts to assist with general lower back pain. The 5.11 belts, for example, disperse the weight of accoutrements across are a larger area of the lower back to relieve pressure. If these came with the belt that is already available to all officers on SIMR, it would prevent officers from buying their own and would be greatly beneficial from a general OSH perspective. Moved: B Walder Seconded: C Patten CARRIED


6.0 GOVERNMENT REGIONAL OFFICERS HOUSING (GROH) 6.1 EXECUTIVE MOTION

Conference directs the Board of Directors to lobby the Commissioner of Police to supply police officers in GROH with housing which meets a consistent and acceptable standard. Explanation Recently, we have observed officers in regional communities facing significant upheaval as a result of issues surrounding GROH properties. The reluctance by the WA Police Force to secure suitable properties prior to people applying for vacancies has seen FTE levels at some regional police stations being reduced. In some locations, we have observed a huge array of different properties, 5x3 houses, townhouses and units or small 3x1 houses. Not all houses are of the same construction, some nearly 40 years of age – yet everyone is paying the same rent on a like property. It should be noted that WAPU is aware of the determined efforts made by the Business Manager at the Regional WA Portfolio, however the WA Police Force seems to be dictated to by GROH.

6.3 EXECUTIVE MOTION Conference directs the Board of Directors to recommend to Members to not apply for positions in Regional WA unless the Commissioner of Police and the State Government address Annual Conference Motions 6.1 and 6.2 within the next 12 months. Explanation As it reads. Moved: M Gill LOST

Seconded: G Daisley

6.4 WEST KIMBERLEY BRANCH Conference directs the Board of Directors to lobby the Commissioner of Police to request a review of current service delivery standards of the Department of Communities – Housing (DOCH) towards regional Members.

Properties across regional WA are aging and some localities have better stock than others. No investment in regional communities soon will see the WA Police Force with a crisis when police officers refuse to apply for vacancies across regional WA. Already there are multiple vacancies in the regions, which is compounded by the poor housing on offer.

Explanation After a significant rental increase to Members utilising GROH residences, the service delivery standards of DOCH have dramatically declined and numerous cases of unreasonable vacating/cleaning and maintenance fees are leaving Members with hefty financial burdens upon transfer. These fees often appear unjustified and unreasonable, with little or no contact with the Member until issuing the invoice.

Moved: K Guy CARRIED

Other areas of service deficiencies include not notifying Members of scheduled inspections and failing to meet priority timeframes for maintenance requests.

Seconded: S Kent

6.2 EXECUTIVE MOTION Conference directs the Board of Directors to lobby the State Government to reform the rent setting framework for GROH to bring it into line with current rental market in Western Australia.

Moved: D Groenenberg Seconded: N Vanderplank CARRIED

Explanation Members faced an increase in GROH rent of $30 per week in 2017 and another passed on in 2018. When you consider that officers in regional areas have received a $2,000 pay increase over those two years while the Government has increased their rents by $3,120. They have effectively taken a $1,120 pay cut! Further inflaming this situation is the fact that rents across the State have been falling. The average regional rent has decreased by 5.3 per cent (REIWA) while the average GROH rent has increased by 19.7 per cent (WA Police Force). The State Government has currently deferred the $30 per week planned increase (1 July 2019) for some public sector groups and at the time of writing, this proposal is not guaranteed for police officers. More importantly, it is a freeze only and will be implemented at a later stage.

Currently, the cost of a GROH house in regional WA is more expensive than a private rental in the same town. There seems to be little difference in the cost of GROH rent from the northern parts of the State to the southern. Moved: M Green Seconded: G Wishart CARRIED 43 POLICE NEWS DECEMBER 2019


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Separation and property settlement common myths WHEN IT COMES TO separation, divorce and the issue of property settlement there are some common misconceptions which can cause stress and confusion.

Divorce and property settlement are not one and the same. Separated parties can have a property settlement without getting divorced and parties seeking to divorce do not necessarily have to have a property settlement.

1. DIVORCE AND PROPERTY SETTLEMENT ARE THE SAME THING. Put simply, getting a divorce is the process of becoming unmarried. The sole ground for divorce in Australia is demonstrated by 12 months separation. Divorce and property settlement are not one and the same. Separated parties can have a property settlement without getting divorced and parties seeking to divorce do not necessarily have to have a property settlement. However, once the divorce is granted a party has only 12 months to commence proceedings in the Court for property settlement. De facto couples have 24 months from the time of separation to institute Court proceedings. There are circumstances however, where the Court will allow a party to make an application for property settlement out of time.

2. THERE WILL BE A 50/50 SPLIT OF PROPERTY. Untrue. Property settlement generally follows a four-step process which the Court will follow when determining such an application: 1. To identify the assets and liabilities of the par ties and determine their value; 2. To consider the contribution of the parties, both financial and non-financial, and contributions to the welfare of the family;

3. To consider the future needs of the parties, primarily as set out in section 75(2) of the Family Law Act (Cth); and 4. To consider whether or not the order proposed is ‘just and equitable’.

3. WE DO NOT NEED TO FORMALISE OUR PROPERTY SETTLEMENT. In short, formalising your property settlement is the only way to prevent your former spouse from making a claim for property settlement at some stage in the future. Even if they are technically 'out of time' your spouse may apply for an extension of time at any time in the future, which the Court may grant. Furthermore, once leave is granted the usual approach for the Court is to take into account the value of assets at the time of the hearing. That is irrespective of the time since separation, even if, for example, that was 20 years. Obviously, there may be valid arguments to be made regarding post-separation contributions but there is no certainty as to how a Court may view the matter.

4. SUPERANNUATION IS NOT AN ASSET. Incorrect. Prior to the introduction of the Family Law Legislation Amendment (Superannuation) Act 2001 (Cth) superannuation was not treated as property except in specific cases.

Since the introduction of the legislation, superannuation now falls within the definition of ‘property’ under the Family Law Act 1975 (Cth) and is dealt with in the context of property settlement. How superannuation is dealt with is complex, given there are many types of superannuation funds such as accumulation funds, defined benefit schemes and self-managed superannuation funds. They are all treated slightly differently and so it is imperative legal advice is obtained. Whilst not advisable, it is possible to resolve some aspects of property settlement, such as the transfer of real property, without a Court order. This is not the case with superannuation interests. A superannuation fund will require a Court order before a superannuation split can be effected.

5. THERE IS A TIME LIMIT TO MAKING A CLAIM FOR PROPERTY SETTLEMENT. The Court has the discretion to grant leave to a party to apply for property settlement out of time. In the decision of Veggs & Riggs (No. 2) [2015] FamCA 911 Justice Watts granted leave to the husband who had instituted proceedings 20 years after the parties had separated. Ultimately, the Judge held that the husband would suffer hardship if leave was not granted and the wife was not prejudiced by the delay in the proceedings.

Continued on page 49 45 POLICE NEWS DECEMBER 2019


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46 POLICE NEWS DECEMBER 2019

AMBULANCE COVER AROUND THE NATION Government ambulance arrangements vary from state to state. For instance, ambulance fees in Queensland and Tasmania are covered by the state government. In the Northern Territory and South Australia, citizens are required to pay a call out fee as well as an additional fee charged per kilometre. ACT charge a call out fee, but offer free ambulance services to pensioners. In New South Wales, there is a government subsidy, however patients are required to pay a percentage of the call-out fee as well as a per-kilometre of the charge. Victoria also offer certain concession card holders free ambulance services, but all other residents are responsible for payment of their ambulance fees. However, they do have the option to take out an Ambulance Victoria membership. In WA, the fee for an urgent ambulance is $986. St John Ambulance WA operate a ‘user pays’ system, which means calling for an ambulance comes at a cost to the patient, however aged pensioners may be covered for ambulance transport and exempt from paying fees incurred for ambulance services. All other patients are responsible for payment of their own ambulance fees, which can be paid as a straight out-of-pocket cost, or through private health insurance membership. But not all ambulance insurance is created equal – so double check yours! An ambulance call out in the middle of your big match may result in a few different scenarios and insurance policies will specify which of the scenarios they cover you for, and to what extent. So it’s worth double checking that your cover includes: • Emergency transport; • Clinically required non-emergency transport; and • On the spot treatment, without transport. It’s best not to assume that you’d only call an ambulance if you needed

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POLICE NEWS DECEMBER 2019


NEW MEMBERS

WAPU WELCOMES ITS NEWEST MEMBERS Gold Squad 2/2019 and Blue Squad 3/2019 joined the ranks of the WA Police Force in September. The two squads both with an average age of 27, graduated from the WA Police Force Academy on Friday, 13 September 2019. Green Squad 4/2019 and Silver Squad 5/2019 also joined the Blue Family, graduating in November. The new Members completed the extensive 28-week training course and are now ready to work on the frontline. To learn more about what the Union offers to Members, WAPU hosted the graduates prior to the ceremony as part of a partnership with Maxxia. The ceremonies also included a presentation of commissions to six police officers who have been promoted to the higher rank of inspector or superintendent and the Commissioners Medal for Excellence to officers in the Great Southern.

48 POLICE NEWS DECEMBER 2019


RETIREMENTS & RESIGNATIONS

VALE

LEGAL

Continued from page 45

RETIRING MEMBERS

5987 Raymond BRIGGS 6053 Hendrik LOK 7185 Jennifer O'CONNELL 7750 Lee RUDRUM 8156 Richard HOOPER

RESIGNING MEMBERS

8222 Rodney VEAL 9441 Edward ROBINSON 11397 Jack KALLARN 11597 Edward MORRIS 12381 Tammy MURRAY 12709 Richard MOUSKOU 12811 Thomas DALY 13035 Anthony GROVE 13333 Paul WILKEY 13433 Samuel BICKERTON 14419 Matthew CLINTON 14737 Campbell TAYLOR 14854 Christopher LEWIS 15896 Joanne BARNES 15981 Omar FAYDI 16077 Rebecca TURNER 16137 Jack O'DAY 16210 Mark DAVIES 16397 Rachel KEELEY

SERVING 6657 Inspector PAUL KOSOVICH Aged 57 RETIRED 2995 Chief Superintendent ROBERT HAMILTON Aged 83 3734 Assistant Commissioner DOUGLAS HAMILTON McCAFFERY Aged 73 5467 Senior Constable ALLAN DAVID BOYD Aged 71 5999 Constable TERENCE TURNBULL Aged 60

In considering whether or not to grant leave to proceed out of time the Court considered the decision of Whitford (1979) FLC 90-612, wherein the Full Court said: “Thus, on an application for leave under section 44(3), two broad questions may arise for determination. The first of these is whether the Court is satisfied that hardship would be caused to the applicant or a child of the marriage if leave were not granted. If the Court is not so satisfied, that is the end of the matter. If the Court is so satisfied, the second question arises. That is whether in the exercise of its discretion the Court should grant or refuse leave to institute proceedings”. In summary, whether or not an application to apply for leave out of time will turn upon the facts of each case. Nothing is certain and Members should always speak to a lawyer about the specifics of their own situation.

3047 Sergeant TREVOR PETER MARSHALL Aged 86 4703 1/C Constable DANIEL JOHN FOWLER Aged 67 3251 Chief Inspector ATHOL JAMES GAZEY Aged 86

49 POLICE NEWS DECEMBER 2019


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* 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, 10 January 2020 to: WA Police Union 639 Murray Street, West Perth WA 6005 Email: admin@wapu.org.au

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EITHER WEEK


FROM THE ARCHIVES

OCTOBER AND DECEMBER 2005 PILBARA PILGRIMAGE

POLICE VEHICLES OF THE FUTURE

A WAPU Field Officer’s visit to the Pilbara saw the start of a pilgrimage to identify the need for change to WA Police buildings and equipment in regional locations. Newman, Paraburdoo, Tom Price, South Hedland Complex, Port Hedland, Marble Bar, Roebourne, Karratha and Carnarvon Police Stations were visited by WAPU. The resources in these locations were found to need an extensive amount of renovations in terms of building modifications and safety features to create an improved working environment for Members.

In the December 2005 Police News, the future of advancements in WA Police vehicles were discussed by a WAPU Field Officer. Due to the Australian Design Rules and Licensing, it had become a point of challenge for the WA Police Force to find a model suitable for technological upgrades and the provision of a safe and comfortable work environment. The best option in which could be modified for Australian standards would be the US highway patrol cruiser.

NEW FLAG SET TO FLY In October 2005, a new WA Police Force flag was designed and introduced after 40 years. As a part of the WA Police Flag Design Competition, Carine Senior High School’s design was chosen by Police Commissioner Karl O’Callaghan to be the new graphic of WA Police. The flag was to feature at WA Police buildings Statewide and officially unveiled at the WA Police Academy by the Commissioner. The design chosen is still the symbol featured on WA Police flags to this day.

100 OVERSEAS RECRUITS LIKELY Up to 100 newly recruited British and Irish sworn officers were potential candidates to join the WA Police Force from 2005-2006. The global approach was introduced due to the boom of the Australian economy, at the time. This was an initiative following the success of an internetbased campaign, the WA Police Force’s first major international recruiting drive, which targeted international officers with specialised skill sets or a minimum of three years’ experience.


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WAPU Police News December 2019  

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