WAPU Police News June 2020 by WA Police Union

JUNE 2020

Fairway to the frontline

Professional golfer transitions from PAO to police officer.

Heroic rescue still vivid for brave officers Police officers heroic rescue recognised seven years after the incident.

Four generations in the force

Meet the family who now have four generations of police officers.

THE MAGAZINE FOR THE

POLICE UNION

WA Police Employee Home Loan Package Reach your home ownership goals with our exclusive offer for WA Police employees.

1,500

$1,500 cash back on eligible home loans.

No establishment or monthly fees.

100% balance interest offset facility.

100% of overtime taken into consideration.

Up to $150 in giftcards when you take out home and/or car insurance policies with QBE.#

Weâ&#x20AC;&#x2122;re here for you: pnbank.com.au/police.

To find out more contact Jessica or Ross: North

South

Jessica Nguyen 0428 800 661 jessica.nguyen@pnbank.com.au

Ross Inglis 0413 200 453 ross.inglis@pnbank.com.au

Police & Nurses Limited ABN 69 087 651 876 AFSL/Australian Credit Licence 240701. Lending criteria and Terms and Conditions apply. P&N Bank reserves the right to withdraw the offer at its discretion. Fees and charges are payable. Offer not available when applying for a home loan through a broker. Not available with any other offer. Please consider any Product Disclosure Statement and whether a product is right for you. $100 giftcard available on new Home policies and/or a $50 giftcard on new Comprehensive Car insurance policies. QBE terms, conditions and acceptance criteria apply. Available on a new Home, Landlord and Comprehensive Car Insurance policies only. Not available on renewing policies. Offer is a $100 giftcard available on new Home policies and/or a $50 giftcard on new Comprehensive Car insurance policies. Cover limits apply as set out in the policy wording. Offer applies to WA residents only. Offer excludes existing P&N Bank insurance policies and policies already underwritten by QBE. Giftcards are issues by Prezzee. Giftcard tems and conditions available online. Any advice given is general only and does not take into account your personal objectives, financial situation or needs. QBE Insurance (Australia) Limited ABN 78 003 191 035 AFSL 23945 is the issurer of the MemberCare Insurance policies. There products are not a product of, nor are they guaranteed by, Police & Nurses Limited (P&N Bank) ABN 69 651 876 AFSL/Australian Credit Licence 240 701, who will receive a commission payment of up to 20% of the premium for arranging a policy sale. To decide if the product is right for you and for full terms and conditions (including limitations and exlusions), please read and consider the Product Disclosure Statement (PDS). #

Compare your Car Loan with a Novated Lease

Your own dedicated

Novated Leasing specialist

Save with exclusive

National Fleet Discounts

A novated lease could save you money. Did you know that you can refinance a regular car loan to a novated lease and potentially save hundreds each month on tax and running costs? Whether you have an existing car under finance or you’re looking to buy a second used or new car, there’s an opportunity for you to SAVE!

Ask Fleet Network for a Free Finance Comparison today.

A client approached us about refinancing a car loan for her husband’s Mitsubishi Pajero. A novated lease

SAVED them $109 per month That was CASH BACK in their pocket!

We’ll sell your

Trade-in for you

Save GST

on your vehicle’s running costs^

Your Package includes Finance, Fuel, Insurance, Servicing, Tyres & Registration

ASK US ABOUT THIS MONTH’S

SPECIAL OFFER #

Get a free quote today!

1300 738 601 www.fleetnetwork.com.au/wapu *Figures quoted include all running costs budgets. The Mitsubishi Pajero example is based on a $40,000 refinance amount, travelling 20,000kms pa, gross salary of $80,000 pa, 5yr lease term. #To qualify for this bonus offer, mention this ad during initial contact. ^Subject to Employer policy.

JUNE 2020

POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION

CONTENTS

Fairway to the frontline As a professional golfer, Drew Dubberlin has spent his life working under pressure. Now Drew is embarking on a career on the frontline as a probationary constable, in arguably one of the most difficult times faced by police in Western Australia.

25 O PINION PIECE 26 F IELD REPORT 28 INDUSTRIAL REPORT 31 L EGAL 32 H EALTH 33 MOTORING 34 RETIREMENTS, RESIGNATIONS AND VALE

The heat from the flames, the smell of the smoke and the pleading expression of a pilot. These are the vivid memories of the police officers who bravely pulled a pilot from a burning plane.

35 F ROM THE ARCHIVES

Four generations in the force Constable Adam Taylor is following in the footsteps of three generations before him. After graduating in March, he is the newest member of his family to join the Blue Family.

08 P RESIDENT’S REPORT

Heroic rescue still vivid for brave officers

20 POLICE NEWS JUNE 2020

06 WAPU DIRECTORS AND STAFF

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 (â&#x20AC;&#x153;Publisherâ&#x20AC;?) 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 Drew Dubberlin at Joondalup Country Club. Photo: Jody D'Arcy. ABOVE Inspector Kellie Taylor, Keith Taylor, Constable Adam Taylor and Senior Sergeant Darren Taylor. Photo: Jody D'Arcy.

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

PAUL GALE Vice President 0403 314 426

WARD ADAMSON Treasurer 0457 603 311

ALICIA CURCHIN Director 0417 911 502

JASON GENTILI Director 0437 417 467

MICK GILL Director 0427 097 000

Staff

PAUL HUNT Secretary 6 POLICE NEWS JUNE 2020

CHRIS VITLER Finance Manager

STEVEN GLOVER External Media Communications Manager

JESSICA ELPHICK JESSICA CUTHBERT Media Officer Media Officer

KATRINA MASON KATRINA TAYLOR Industrial Industrial Officer Officer

BOARD OF DIRECTORS & STAFF

JON GROVES Director 0438 080 868

MATTHEW PAYNE Research Officer

KEVIN GUY Director 0436 859 835

DEBRA HUTCHINSON Director 0414 935 498

DEAN GIACOMINI Field Officer

MARK JOHNSON Director 0488 352 525

CARL STEWART Field Officer

JASON MORA Director 0410 927 445

TARRYN SMITH Finance Officer

HARRY RUSSELL Director 0412 585 429

CLINT WHALLEY Director 0409 118 381

PENNY BROWN DEBORAH THOMAS Member Administration Services Officer Officer

BRANCH PRESIDENTS Academy Mark Gannaway Air Wing John Gobbels Armadale-Gosnells Phil Meatyard Avon Dave Flaherty Bunbury Australind Gareth Reed Cannington Doug Stjepic 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 Kristen Teale Fremantle Rachel Rawlins Gascoyne Teresa Egan (Vice President) Geraldton Tim Saxon Great Southern Danny Richmond Intelligence Services Contact WAPU HQ Joondalup Ben Giff Leeuwin Naturaliste Brad Walder Licencing Graeme Porteous Enforcement (Vice President) Lower South West Darren Gill (Vice President) Major Crime Greg Hart Mandurah Harry Russell Maylands Complex Scott Sulley MFPF Peter Potthoff Midland Aaron Cleaver Midland Workshops Jeanette Maddison Mirrabooka Todd Robinson Murchison Jake Hendry North Eastern Poppy Chetcuti Goldfields North Pilbara Liam Mallinson 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 JUNE 2020

HARRY ARNOTT President

It is time to dispel the myths about the Taser THE BRAVE AND HEROIC ACTS OF OUR MEMBERS in South Hedland have again highlighted that when others run away from danger, police officers run towards it.

What we want the community to understand is they are not always effective and that in certain situations, police officers have to make that split second decision about what use of force to use.

It is our view that without their intervention, the situation at the South Hedland Shopping Centre last month would have been even more tragic. We have the best trained, most professional police force in Australia, if not the world. Police officers are trained in use of force. We are all trained that the appropriate response to an offender with a knife is a firearm, plain and simple. So in the South Hedland incident, the officers used the correct use of force. In the fullness of time, the coroner will find these officers did exactly what they are trained to do and what they needed to do to protect the community. During the incident, both officers deployed their Tasers to try and stop this madman. They were ultimately ineffective and lethal force was the only option left to control this volatile situation. What the incident also did was highlight that Tasers are not the answer to every situation on the frontline. They are an excellent tool, used by law enforcement all over the world, but by no means are they the panacea. By no means are we saying that police officers should not use Tasers. What we want the community to understand is they are not always effective and that in certain situations, police officers have to make that split second decision about what use of force to use. Unfortunately, sometimes that decision has to be a firearm. Nobody goes to work thinking that this is the day they are going to shoot somebody but every police officer knows when they put their firearm on, it is not an ornament. If those police officers had not have been there, had they not stopped the threat then other people would have been seriously hurt or even worse.

COVID-19 The past few months has been dominated by COVID-19. It has changed the way we live and police. Our major concern as soon as the crisis worsened was the occupational safety and health of our Members. We were grateful that the WA Police Force gave us magnificent access to the command centre. This allowed us to feedback the complaints and issues from frontline officers across the State. The WA Police Force has been very approachable and did everything possible to address our concerns and those of Members. We attained some very valuable conditions to help protect our Members as well as their families. The State Government heard our calls loud and clear for priority testing and harsher penalties.

Our Members need to be assured that we are there to protect them and if they have any issues which put them at risk in the workplace, we need to hear from them so we can act on your behalf.

PRESIDENT'S REPORT

We were the first police officers and police auxiliary officers in Australia to be granted access to priority testing for the virus, if exposed in the workplace. We successfully lobbied the State Government to expand the Assault Public Officer legislation to capture those vile individuals who claim they are infected with COVID-19 and threaten, deliberately spit, cough, sneeze or wipe bodily fluids on emergency services workers during this crisis. We were again the first in Australia to be granted this additional legislation. Changes were also made to the mandatory testing for infectious diseases provisions to allow for the testing of offenders who potentially exposed police to diseases such as COVID-19. Previously, the testing only covered blood borne diseases. The WA Police Force, in particular Assistant Commissioner Gary Budge and his team, must be congratulated for formulating and advocating for these amendments to protect our people. The protections were not just limited to officers. The families of police benefitted with free flu vaccines for all police officers, police auxiliary officers and families residing with those officers this year. The WA Police Force also funded accommodation for Members exposed to the virus to avoid risk of spread to families and provided alternative work arrangements for workers and their families who have medical conditions which made them more susceptible to the virus. Our Members need to be assured that we are there to protect them and if they have any issues which put them at risk in the workplace, we need to hear from them so we can act on your behalf.

We are disappointed that we had to file for arbitration seemingly because the State Government do not appreciate the unique rigours of policing.

POLICE UNION FILES FOR ARBITRATION After 15 months of negotiations, the WA Police Union filed for arbitration in the WA Industrial Relations Commission. In its final offer, which was rejected by the WAPU membership, the State Government provided police officers with three days of non-accruable leave and two days “respite leave” to be taken from existing sick leave entitlements. Police officers take less sick leave than any other public sector group and already had access to five noncertificated sick days. Police officers tend not to take these sick days because they are committed to their colleagues and community. For the Government to offer two days “respite leave” from existing sick leave entitlements is a ploy as they are aware police officers will not use them. We clearly outlined to Government the solution to avoid arbitration was an additional 40 hours leave. We offered the State Government the opportunity to a partial arbitration solely on leave provisions. At time of going to press, they have been slow to accept this option, which would save hundreds of thousands of dollars from the public purse. We are disappointed that we had to file for arbitration seemingly because the State Government do not appreciate the unique rigours of policing. The arbitration process is expected to take between 12 and 18 months. Once completed, an enterprise order will replace the previous agreement and be in place for two years.

Fairway to the frontline BY STEVEN GLOVER

Drew Dubberlin has spent his life working under pressure. For 12 years, he played and taught golf in Asia, working long hours teaching and practicing at the driving range to earn a living. Playing tournaments, where one wrong choice could easily see you go from a winning position to missing the cut and a slice of the prize purse. Drew said he saw similarities between the skills needed to succeed on the golf course and the skills needed to excel in policing. “The key that I relate golf, coaching, teaching, caddying to police is working under pressure and working under pressure quickly, here and now, not I’ve got an assignment due in a month,” he said. “It’s like what is happening right here, right now? How do I need to act? What do I need to say? Right now, what is going to diffuse the situation in policing or diffuse the situation as a caddy, coach or player? 10 POLICE NEWS JUNE 2020

“I was working under that pressure even though you are walking around hitting golf balls, you are playing a sport that some people say isn’t athletic but you are out there for a long time. You are in the heat and you can make one decision, you can choose one wrong club and hit that shot in the wrong spot and it goes in the water and your tournament is gone, finished.” He turned his back on professional golf six years ago when he began serving as a police auxiliary officer with the WA Police Force. Now Drew is embarking on a career on the frontline as a probationary constable, in arguably one of the most difficult times faced by police in Western Australia. He started at the academy with Gold Squad 10/2019 in October 2019 and five weeks before they were due to graduate, the squad was eating crib on a Friday afternoon in March 2020 when they were told to meet at the Raked Theatre at 2pm.

“You are in the heat and you can make one decision, you can choose one wrong club and hit that shot in the wrong spot and it goes in the water and your tournament is gone, finished.”

“You are hearing the whispers around the academy that things are happening with this COVID-19,” Drew said. “We get to the Raked Theatre. There is a table with a big box of certificates, police badges and epilates and we are like what’s going on here. Next minute, they were saying we’ve got good news and bad news. “The good news is you guys are going to be walking out of here as probationary constables, not recruits and you start on Monday. “At this stage, the bad news is you are not going to have a graduation, not going to have a ceremony and your friends and family are not going to be able to see you march out.” Drew said the reaction of the squads were mixed. “Our heads were spinning for days. If it wasn’t so big, the pandemic, the state emergency we are going through, I think we would be a little bit annoyed.

“It is such a different time. This is a worldwide pandemic and everything is changing. You understood it but you were a bit disappointed but we were excited because in two days’ time we’re going to be on the road.” Gold Squad and their sister squad, Blue Squad 11/2019, were deployed to the academy as part of the COVID-19 Quarantine Unit whose role was to ensure that the community were adhering to quarantine requirements as well as other restrictions such as social gatherings. “We are doing a job that no police officer has ever done. We are knocking on someone’s door to make sure they are home. You are going to people in parks, normal people not people creating noise or drinking, and saying look you can’t be here because it’s too many people, it’s weird policing,” Drew told Police News. ▷

11 POLICE NEWS JUNE 2020

“You are only going to be a golfer for so long. … I thought I would give the golf a go with probably right in the back of my mind that I would like to do policing when I got a little bit older.”

12 POLICE NEWS JUNE 2020

In his first six weeks on the frontline during the COVID-19 crisis, Drew said he had seen people facing immense hardship. “You are pulling over people and people are just crying, distraught: ‘I know I did something wrong please don’t give me a fine, I’ve got no money’. It is just really different,” Drew said. “You feel for people. You understand this person has just lost their job, I’ve just pulled them over, they are a little bit upset and you’ve just got to be realistic and fair to people that aren’t in a situation like I am. I’m lucky, I’ve got a good job and I’m secure and these people are losing their jobs.” Even with the abrupt end to their training, Drew believes he and his colleagues are prepared for the frontline. “We’ve been told by several people and instructors at the academy that we were ready anyway,” he said. “I am a little bit biased but we’ve also been told that we were quite a switched on squad. “We did a lot of socialising together very early as a squad which was kind of interesting because you get the groups that separate but we didn’t through the whole five months. “We all stuck together, worked as a team and if someone was having a tough time everyone jumped on board and helped that person. If someone needed to be pulled in line the same thing happened and I think that is why we worked really well as a squad.” The son of a career firefighter, the ideal of helping people in their time of need was ingrained in him and his family. He had aspirations to become a police officer when he was a teenager. However, after spending hours on the fairways of Joondalup Country Club with his keen golfer father, Drew also had a passion and talent for golf. So much so that he was selected in junior and senior State squads throughout his late teens. He decided to pursue a career in golf 100 per cent while he was young enough.

“You are only going to be a golfer for so long. While you are fit, while you are younger and you don’t have the family and the mortgage, I thought I would give the golf a go with probably right in the back of my mind that I would like to do policing when I got a little bit older,” Drew said. “I played a lot of amateur golf through my late teens, early twenties and then I hurt my shoulder being young and silly. I was going to go to the Australian Tour School to try and get my full Australian PGA Tour Card but injured myself and couldn’t go.” Drew decided to undertake a PGA Traineeship under the guidance of legendary WA teaching professional David Milne, completing the program and turning pro in 2004. “David was more based around coaching. Working for him I did a lot of teaching in my traineeship. I wasn’t an assistant golf pro sitting in a pro shop selling Mars bars and t-shirts, I was actively out teaching people,” Drew said. “So by my early to mid-twenties, I grew a passion for teaching and in 2004 I finished my traineeship and went up to the Asian Tour School.” If Drew gained his Asian Tour Card, it would have opened doors for him to play in major events and tournaments, really kick starting his touring career. Devastatingly, he missed out on gaining his tour card by a single shot. But it did open a significant door for his coaching career as he was offered the chance to coach the Singapore National Ladies Team, while pursuing his playing career on a number of secondary tours across Asia, playing tournaments in Singapore, India, Philippines, Indonesia and Malaysia. “It is hard to compete because it becomes a financial burden. You are trying to teach to make money but you also need to put all your effort in to practicing,” Drew said. “I was lucky as I was sponsored by Nike Golf for 10 years but it was more product, it wasn’t money. I was still paying for my own flights, own accommodation, travel costs, entry fees and then you come back from two weeks of touring and I’d come back to Singapore to teach.” An average day saw him working long hours on the practice range, coaching in the morning and evenings while honing his own skills in the middle of the day. While he would teach all day Saturday and Sunday. “You’ve got to adhere to when the market wants golf lessons but you’re trying to play and practice yourself. Golf is not one of those activities like F45 where you go for 45 minutes and you get fit, you need to practice, you need to put in six hours a day minimum,” Drew said. “With the sport I did, I was commissioned-based for 12 years teaching golf. I didn’t have a salary, I paid my own superannuation, paid my own everything, if I was sick whether it was teaching or playing I didn’t get paid. So one day if you say: ‘I don’t feel really well today’ too bad, you’ve got to get up and go coach, you’ve got to make money.” While playing and teaching, he also took up opportunities to caddy for fellow professionals in major tournaments. He caddied in events on the PGA Tour, LPGA Tour and the Asian Tour.

“A couple of Singapore Opens were $8 million prize purses. Big names were playing, Phil Mickelson, Tiger Woods. As a caddy, if your player made the cut you’d start making some good money,” he said. “One event I think I made about $10,000 as a caddy. What you would do is work your schedule around these big events, go caddy for someone because the money aspect was quite good but also the experience. “As a potential player trying to get out there and as a coach, you had the best players in the world with their coaches and their entourage. You’re learning so much about the game and you’re trying to get involved and get amongst it.” Drew said caddying depended a lot of what the player wanted and it had its challenges. “The guy I caddied for relied on me quite a lot to do the yardages. We would talk about what club to use, but he would do his own putting and every now and then if he wasn’t sure (what the putt was doing) he would ask for my advice. “But when you are a caddy, you are a coach, a mentor, a psychologist, the enemy and a best friend. In a round of golf you go through so many emotions as a caddy because you are not in control but you are in control. “If things go wrong they (the players) look at you but if everything is going right it is them, so you are a bit of a punching bag as well. “You just learnt so much about what to say, when to say it and how to say it. You are reading situations, you are reading his body language, head down, shoulders are kind of drooping and you’ve got to go to him: ‘C’mon man, let’s get up we can do this’ and vice versa. He might be pumped up blood’s flowing, adrenalin’s going and you need to say to him: ‘Hey c’mon, we need to just reel it back a little bit.” The long days in the heat and humidity of Singapore saw Drew decide to explore that desire to join the police force which he had put on the back burner in his late teens. In 2013, he applied to become a police officer and police auxiliary officer.

“What you would do is work your schedule around these big events, go caddy for someone because the money aspect was quite good but also the experience.”

01 Drew willing a putt in at Joondalup Country Club. 02 Caddying for Singaporean pro Mardan Mamat. 03 Drew at the Perth International at Lake Karrinyup Country Club. 04 Drew putting at Joondalup Country Club. 05 Members of the Singaporean Ladies Team with their coach Drew.

04 05

13 POLICE NEWS JUNE 2020

“I had a meeting with a senior sergeant of recruitment and she said: ‘Your application is pretty good to proceed to police but our concern is, you’ve played golf your whole life. You’ve not really studied, you’ve not really been computer-based and the legislative side of things can be quite overwhelming,” Drew said. “She said: ‘Why don’t you give the PAO a go for a little while and bearing in mind once you get police jargon and understand a little bit how it works apply for police.’ “I didn’t know much about the PAO role, then got amongst it and loved it. It was mind blowing, it opened my eyes to the world.” Drew spent five years in the Perth Watch House, one year at Joondalup Police Station and he was the first police auxiliary officer to be seconded to regional WA when he completed a six-week stint in Kununurra. He believes that the police auxiliary officer role within the WA Police Force is very under rated. “The PAO role teaches so many people about life skills in a controlled environment and what people are like,” he said. “They are so important the PAOs, not just because I was one, but I see the role evolving. We are doing mental health escorts, hospital sits and helping out the police, assisting them so they can get back out on the road to help the frontline. I think the role should just keep going, it is awesome and it helped me. “With the PAO role with the pay, the shifts and the job, I was on a great team, the team I was with I am friends with them and will be forever. “After two years (as a PAO) I was like, I should apply for the police, oh maybe I’ll do another year and next minute it was six years,” he said. “I suppose what made me think I need to move on to become a police officer was because I was getting a little bit older and I thought I am only going to be able to do the fitness element for so long.” Drew’s transition is now complete. He has fulfilled his aspiration to serve on the frontline as a police officer and in the process he has handed in his professional golf status and now walks the beat instead of the fairway.

■

14 POLICE NEWS JUNE 2020

“I didn’t know much about the PAO role, then got amongst it and loved it. It was mind blowing, it opened my eyes to the world.”

06 Drew ready for the frontline after graduating in March.

Did you know Drew was a TV star? In addition to being a playing and teaching professional, Drew also starred on Channel 9’s Golfing WA with former sports reporter Bob Harnett. But he almost wasn’t part of it. “They did the pilot for the show at Joondalup. A couple of sporting personalities did this pilot with Bob Harnett. They came to me in the afternoon after they had done the pilot and they were talking to me about it and I said: ‘You’ve got these celebrity football players and Bob but no one is a golfer but you are talking about golf so it didn’t really make sense.’ “The next week they said can you come out and we want to do another pilot but with you as a golf pro giving golfing advice and instruction and it just kind of connected from there. “We pretty much went to golf courses around WA and we played three holes. I suppose what you would call their signature holes and we travelled to Malaysia and Indonesia as well.” Drew starred in the TV show for one season before he moved to Singapore to pursue his playing and teaching career.

WA POLICE UNION PHONE A PP Free download from the App Store or Google Play

Stay connected 24/7 WAPU Media and Member News Read our Newsletters on the go Legal assistance & information Welfare services Industrial information Member Benefits Contacts 15 POLICE NEWS JUNE 2020

01 02

HEROIC RESCUE STILL VIVID FOR BRAVE OFFICERS BY JESSICA CUTHBERT

01 Officers and bystanders on the scene of the crash. 02 The plane was engulfed in flames as it hit the ground. 03 The plane wreckage.

16 POLICE NEWS JUNE 2020

The heat from the flames, the smell of the smoke and the pleading expression of a pilot. These are the vivid memories of the police officers who bravely pulled a pilot from a burning plane. While their heroic act took place in 2013, these officers remember it like it was yesterday. The officers, with the help of others at the scene, pulled apart the burnt charter plane to free the pilot from the cockpit. Sadly, pilot Gerry Gould later died from his injuries, however Mr Gould’s family was thankful the efforts of Senior Constable Paul Parks and Senior Constable Neil Bowles allowed them the chance to say goodbye to their husband and father. Their brave actions earnt the recognition it deserved when they were awarded the Police Commissioner Bravery Award in March this year. Paul had only been at the Geraldton Police Station for a few months before he was called out to the job on September 18, 2013. He told Police News that in his 23 years in the job, this call out was the most confronting scene he had witnessed. “It’s been a couple of years now, but I still remember the day vividly – it’s something that has stuck with me,” he said. Paul said he and Neil Bowles were on patrol not too far from the Geraldton Airport when they got the call about a potential plane crash. “Straight away when the job came through and we looked up and saw the black smoke, we knew it was something serious,” he said. Being called to a plane crash at the airport, the officers had to brace themselves for anything. They didn’t know if the plane was small or large, how many passengers were inside or if there were any survivors. When they raced to the airport under priority one, a crowd had started to gather. It was then they could see the small aircraft on the ground, no longer a fire ball but engulfed in a big plume of smoke. “There was a lady there with a small truck nearby which had been doing some road works in the area. They were already in action with a water hose,” Paul said. “We pulled up and asked if anyone had gotten out of the plane yet. They said no. “I’ve then grabbed the hose off her and gone towards the cockpit.”

“I remember his expression vividly and when I looked at him, I think I was in more shock than he was. I remember thinking, okay there is a man inside this burning plane, he is alive and looking at me.”

Paul said although it had been almost seven years since the incident, he could still recall all the details. “The plane was all twisted and buckled but it hadn’t been pulled apart completely and wasn’t completely melted.” He said the scene that confronted him that day was surreal. He said the thick smoke and the aircraft mangled on the ground on fire was like something out of a movie. When he got to the plane, he positioned his head inside the cockpit to see who was inside. “At this stage, I didn’t know what I would find or how many passengers would be inside. I didn’t know if there would be a child or if they were even alive,” he said. “I looked in and that’s when I saw the man looking at me. Looking straight into my eyes and he was conscious and awake. “I remember his expression vividly and when I looked at him, I think I was in more shock than he was. I remember thinking, okay there is a man inside this burning plane, he is alive and looking at me. “I’ve looked at him and asked if he was okay and he said ‘get me out of here.” By now, Paul was half inside the plane assessing the pilot through the thick smoke that filled the cockpit. ▷

17 POLICE NEWS JUNE 2020

“That’s what police officers do every day – we don’t think of ourselves, we go in to protect a person and save them. We get in there and do what we have to do and that’s something our frontline workers all have in common.” “I could see that the plane was melted, the metal was so hot and the fire embers were going everywhere. The smoke was so thick,” he said. “There were fuel lines going everywhere and dripping on him, so I put the hose on his face – to stop any further burning. I took my sunnies off and put them on his face to stop the fuel and embers going in his eyes. “He was extremely burnt.” Paul said the whole time he was inside the plane, he never thought about the chance of a secondary explosion. “I didn’t even think about how there could have been a secondary explosion until months later. It was like everything faded away and the main focus was getting the guy out at the time,” he said. He yelled out to his partner, Neil, to help him with the man and see how far away the fire crew and ambulance were. The paramedics arrived shortly after but the fire crew were still minutes away. Knowing they needed to get Gerry out immediately, together the two paramedics, Paul and Neil pulled the melted and charred plane apart to get him out. “When we put him on the stretcher he was still conscious and we were talking with him. He wasn’t screaming out in pain and we knew his injuries were substantial. He was extremely burnt,” Paul said. “The bottom half of him was so burnt, his clothes had burnt away. We knew he was in a pretty bad way but at least he was out of the plane.” Paul remembers the scene as horrific. “It was the first plane crash I had been too. I’ve responded to plenty of car crashes and terrible incidents, fatal incidents, but this was different somehow,” he said. Gerry was taken to the hospital with Neil while Paul stayed at the scene to dowse the plane and preserve the scene for forensics. He was later taken to hospital to treat smoke inhalation and exposure to toxic particles as a result of the fire. 18 POLICE NEWS JUNE 2020

“When the pilot was at the hospital, he was able to see his family, his wife and daughter and they were able to say their goodbyes before he was flown to Perth,” Paul said. “They were incredibly thankful that he was there, out of the plane and they were to say their goodbye.” Gerry had suffered severe burns to his body and later died at Royal Perth Hospital. “The family were very grateful of everyone’s efforts to get him out. They were glad that he didn’t die alone in the plane and that they were able to see him one last time. They really were so thankful and that was really special, I think that touched me the most – that we were able to provide them that one last goodbye,” Paul told Police News. A few days after the incident, Gerry’s family came to see the officers at the station and brought chocolates and flowers, thanking them again for their efforts. “The wife reached out to me a couple times and a few years later got in touch again. They were still thankful of what we had done that day. They knew we did everything we could,” he said. “The daughter has a baby now and named him after Gerry. They were telling me about their lives since that day so many years ago, that was pretty special.” Recalling on the events that unfolded that day, Paul said the job had impacted him mentally for some time after. “Over my career I have attended a lot of fatal incidents and confronting scenes,” he said. “It’s something that we all do daily out on the job and a lot of time don’t get rewarded for or recognised.” This heroic act however, did get recognition. Paul Parks and Neil Bowles were presented a Police Commissioner Bravery Award. “I don’t know who nominated us. It was a surprise to hear about the nomination this year, seven years later but it was a really nice surprise,” Paul said. “It was good to receive that recognition and support and a nice thing for our families to witness as well at the ceremony. They were very proud.” He said the award was definitely a humbling accomplishment. “Our men and women in blue are doing this sort of thing every day in the job and often don’t get recognised – so when they do, it is really nice,” he said. The two officers were also nominated for a Royal Life Saving Award along with the two ambulance officers, and others at the scene, months after the incident. Paul said looking back to that day, it was as if his surroundings faded away and his main priority was getting the man out. “I knew there were a lot of people around and it wasn’t until later when I saw photos that I realised how severe the scene was and how many people there were,” he said. “I only realised after how there could have been a chance of a second explosion. At the time none of that mattered, what mattered was getting him out. “That’s what police officers do every day – we don’t think of ourselves, we go in to protect a person and save them. We

04 05

get in there and do what we have to do and that’s something our frontline workers all have in common.” Paul said he has been in the job on the frontline for 23 years and has loved every moment. “I love being out there with the troops on the road – being a leader on the frontline,” he said. Much like Paul, Neil, who now works at the Rockingham Police Station, also remembers the day quite well. “I remember the smoke, there was a lot of smoke and it was quite black,” he said. “I remember the whole area was just blackened grass where the area had caught on fire. The whole scene looked very surreal and we didn’t know what to expect when we got closer to the plane. “It was quite confronting, I think it’s the most confronting job that I have come across.” He said the Police Commissioner Bravery Award was a pleasant surprise this year. “Getting that recognition was really nice and a really proud moment in my career. I’ve listened to many brave and heroic police officers’ stories over the years and always think to myself ‘oh wow that is amazing’ and now I have a story of my own to tell,” he said. “It was nice having the family there seeing us get the awards, that was special.” At the Commissioner’s Awards for Bravery ceremony in March, 41 police officers and six civilians were recognised for their bravery in the face of danger. Among them was Detective Sergeant Keith Tarver who was awarded the Commissioner’s Cross for Bravery. Keith rescued his partner, Sergeant Alicia Curchin, when she was trapped in a police vehicle which had become engulfed in flames in 2004. Senior Constable Andrew Swift was another recipient. In 2017, Andrew was brutally attacked with a samurai sword to his skull whilst arresting an offender. He received significant injuries in the attack. You can read both these incredible stories on the WAPU Website and in past editions of Police News.

■

06 07

04 Recipients of the Commissioner’s Awards for Bravery at the March ceremony. 05 Senior Constable Paul Parks with Police Commissioner Chris Dawson. 06 Detective Sergeant Keith Tarver with Police Commissioner Chris Dawson. 07 Senior Constable Neil Bowles with Police Commissioner Chris Dawson. Photos: Peter Field, WA Police Force

19 POLICE NEWS JUNE 2020

Four generations in the force BY JESSICA CUTHBERT

Constable Adam Taylor is following in the footsteps of three generations before him.

01 Senior Sergeant Darren Taylor, Keith Taylor, Constable Adam Taylor and Inspector Kellie Taylor. 02 Adam Taylor graduating from the WA Police Academy a few weeks early. 03 Adam’s great- greatgrandfather, Edward Weaver who served from 1910 to 1923. 04 Edward Weaver in Nannup.

20 POLICE NEWS JUNE 2020

Adam’s father Darren, his aunt Kellie, grandfather Keith and great- great-grandfather Edward Weaver all have one thing in common. They are all a part of the Blue Family and have seen the way policing has changed over the past century. As the newest member of the family to join the force, 19 year-old Adam graduated from the WA Police Academy in March. He started with Blue Squad 11/2019 in October 2019 and due to the COVID-19 crisis, graduated five weeks earlier than planned to join the Self Quarantine Assurance Team. He joins three other generations of his family who have worn the blue uniform with pride. He said graduating was an extremely proud moment for him and his family.

“Those five months were the most challenging, yet rewarding months of my life which allowed me to develop friendships and memories I’ll never forget,” he said. “My time at the academy only emphasised my enthusiasm for what is yet to come in my career going forward. I can’t wait.” Adam now joins his father, Senior Sergeant Darren Taylor, and aunt, Inspector Kellie Taylor in the job. He said his family was one of the contributing factors which led to his decision to join the WA Police Force. “I’ve had a front row seat to the career and lifestyle they have forged for themselves. They are people that have inspired my entire life and having the opportunity to follow in their footsteps is exciting,” he said. “Joining was the best decision I’ve made and I can only encourage other soon-to-be applicants. It is a big commitment and your life will change, but only for the better.”

The Taylor family history in policing began with Edward Weaver, Adam’s great- great-grandfather, who served from 1910 to 1923. Keith told Police News he never knew his grandfather or anything about him until after he joined himself. “It was only after I became a police officer that I did a bit of research and found out he was one too,” he said. “I do remember there was a comment made by his superintendent in an old journal saying he was an excellent horseman and that’s about it.” Keith said he wasn’t sure what his inspiration to join the WA Police Force was, but he is glad he did. “I remember reading something about police cadets so I joined as a cadet when I was 15 in 1962. Back in those days you just needed to meet a certain height and weight criteria. I was a bit short so they told me to go home and come back the next day with some newspaper in my boots,” he laughed. “Back then you started as a cadet and then qualified for the academy at 21. I remember there were a group of us that were 20 but they put us in anyway.” Keith said he recalled the time when the drinking age in WA was 21. “When we first started out we were just shy of 21 and we were throwing people out of pubs that weren’t old enough, yet we weren’t even supposed to be in there. Times have changed a lot since then,” he said. Keith said he is still friends with some people he went through the academy with. ▷

“It was only after I became a police officer that I did a bit of research and found out he was one too.”

03 04

21 POLICE NEWS JUNE 2020

06 07

“I still see some of them every now and then. Some are still my best mates,” he said. He spent most of his policing career as a detective and left as a superintendent after serving for 37 years until 1999. As Darren and Kellie grew up surrounded by the police culture from a young age, they had gained admiration and respect for the job. “Dad being a police officer was definitely a factor as to why I joined,” Darren said. “I finished high school and applied. It was never pushed on us and our parents always encouraged us to do what we wanted to do but once I raised the idea, I had nothing but support.” Kellie joined in 1995 and has since worked in regional areas, detective offices and has been the OIC at Fremantle and Nannup. She said her inspiration to join was much the same as her brother, Darren. “We’ve been surrounded by the police culture right from when we were kids. All our parents’ friends were a part of the police family so we’ve always been around it,” she said. “Going through school, it was all I ever really wanted to do. When I finished school, Dad gave me some advice to go try something different first. I tried real estate for a few years but it just wasn’t for me so I joined up at 21.” Keith said his reaction to both his children and now his grandson joining the job was one of immense pride. “I thought it was really great. All that mattered was that they were sure this is what they wanted to do and that they were happy and safe. It was always a good job to me, I loved it,” he said. 22 POLICE NEWS JUNE 2020

“We relied on the radio, the car and communication between each other. I don’t know how we survived. It’s been pretty interesting living through the kids and now Adam in their current policing world.”

Darren said he was extremely proud of Adam. “It was a very proud moment when he graduated. Adam wanting to join came a bit out of the blue but once he decided, he committed to the training and got through. He was the youngest in the two squads at only 19 so I was very proud of him,” he said. Adam’s great, great-grandfather Edward Weaver served as the OIC of the Nannup Police Station from 1921-1923. In a quirk of fate, more than 80 years later, Kellie was also the OIC at the same station in 2010. “Edward lived in a little old house next door to the old police station. The station is now the tourist centre and the house that they lived in is looked after by the Country Women’s Association. When I was there as the OIC, a few of the locals had a great laugh at the family history repeating,” Kellie said. At that time, Kellie was only one of two female OICs in regional WA and the first ever female police officer at the Nannup Police Station. “That was a pretty proud moment,” she said. Darren said a career highlight for him was in 2010 working a three-month secondment at the Australian Crime Commission in Melbourne working on criminal drug networks. Looking back, Keith said it has been interesting to see how policing has changed and evolved over the decades. “It has certainly changed a lot since I first started. The kids and I had a talk about sending us ex-officers back in and Kellie said to me: ‘Dad you wouldn’t know how to go back – you wouldn’t understand one word they were talking about,” he laughed.

“The technology has gone ahead in such leaps and bounds, I often tell them stories of how antiquated we were back then. “Sometimes I look back and think of how we had little to no technology, no mobile phones and I think to myself how did we ever catch anybody? “We relied on the radio, the car and communication between each other. I don’t know how we survived. It’s been pretty interesting living through the kids and now Adam in their current policing world.” Keith said he served under five commissioners during his service. “I remember when I graduated the Commissioner was Richard Thomas Napier after whom I believe the Pipe Band still wear the Napier Tartan as they were formed under him,” he said. He said while the technology and aspects of policing had certainly changed, one thing that remained the same was the comradery.

■

05 Walter Taylor with his son Keith Taylor at Keith’s graduation. 06 The Nannup house which Edward Weaver lived in with his family in 1923. 07 Keith and Kellie Taylor at the same Nannup house in 1992. 08 The Taylor Family. 09 A Taylor family photo, 20 years on.

23 POLICE NEWS JUNE 2020

DO YOU NEED AN APPLIANCE?

Experience Our Discount Buying Service

Letâ&#x20AC;&#x2122;s find you the best deal

24 POLICE NEWS JUNE 2020

Buy Smart

Trusted by Members

Use our extensive knowledge and buying power to ensure the best possible deal for members.

A personalised service, putting members needs first and trading responsibly with transparency.

Call: 9300 1221

com.au

PAUL HUNT

OPINION

Secretary WA Police Union

You cannot be discriminated on the basis of WAPU Membership IT COMES AS QUITE A SURPRISE to us that some Members are still targeted and threatened due to their association with the WA Police Union.

We will take all complaints seriously and we will take action in the WA Industrial Relations Commission against anyone who bullies, threatens, targets or treats a Member differently because of their Union Membership.

It has come to our attention that Members are being treated differently, bullied, threatened and targeted for either being a WAPU Member, a Branch Official, a Director or most concerning, simply seeking the assistance of the Union. WAPU is here to protect the rights of police and police auxiliary officers and with 98 per cent membership, you would think that this type of discrimination would not occur. Sadly it does, but luckily we have industrial protections. The terms and conditions of the industrial agreement are a set of enforceable arrangements and entitlements that have been agreed between the Commissioner of Police and WAPU, on behalf of the Members, and officially registered by the WA Industrial Relations Commission. It is not open to anyone to simply ignore, or influence anyone else to ignore the specifics of the agreement. The Industrial Relations Act 1979 specifically prohibits people from working outside of the enforceable arrangements. During the life of an agreement, it is common for there to be some misunderstandings to arise over how certain arrangements are applied. If aspects of the agreement need change, then the time for that is during the negotiations to replace the agreement, following which the entire affected membership get to decide if those changes are acceptable.

The Union regularly assists Members with their enquiries regarding wages and conditions. Members are encouraged to contact the Union for advice and assistance with their industrial entitlements and the Union will only provide that service to our Members. Members cannot be asked to operate outside the provisions of the industrial agreement. Members who are coerced or encouraged to do so have the right to contact WAPU and seek advice from one of our team. Employees in the WA industrial relations system, including police officers, are free to join a union and their membership cannot be used as a basis to treat them differently to someone who is not a union member. It is an offence under the Industrial Relations Act 1979 to disadvantage a person in their employment because of union membership. It is also an offence to conspire with others to do the same. The large majorit y of unions only provide services to members of the union, so an employer who disadvantages a union member for accessing union ser vices is dis advantaging that employe e based on their union membership or association. In relation to our WAPU Directors and Branch Officials, WA Police Force agree to recognise our representatives and allow them to carry out their roles and functions. These arrangements are set out in both industrial

agreements which cover all of our Members, along with the recognition that representatives are not to be threatened as a result of their role. As part of preparing this article, I spoke with WAPU’s Industrial Solicitor Daniel Stojanoski. Mr Stojanoski heads up the WA industrial and employment law practice at Slater and Gordon Lawyers and is the legal representative to the majority of the unions in WA. He also has expertise in human rights/discrimination law and is a proud union member and passionate union advocate. Mr Stojanoski said: “Australia is a party to a number of international treatie s that deal with union membership discrimination including the International Covenant on Civil and Political Rights (ICCPR) of which Article 22 says that: ‘Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.’ This protection in enshrined in Australian legislation. “In addition to the protections afforded by the Industrial Relations Act 1979, if a WAPU Member has been discriminated against on the basis of their union membership, then a complaint may be made to the Australian Human Rights Commission under the Australian Human Rights Commission Act 1986,” he said.

Continued on page 29 25 POLICE NEWS JUNE 2020

MICK KELLY

Senior Vice President WA Police Union

Will changes implemented because of COVID-19 become the norm? SINCE THE LAST EDITION OF POLICE NEWS, COVID-19 has dominated the headlines, airwaves and everyday life. The initial weeks of the State Emergency were frantic and chaotic as we all scrambled to find a way through our new normal. The WA Police Union was very active ensuring Members had the safest possible work environment while they policed this pandemic. President Harry Arnott and I were granted direct access to the command team based at Optus Stadium. This allowed us to provide feedback from the frontline to Assistant Commissioner Donaldson and his team which helped all of us to navigate the broad range of issues associated with COVID-19. Throughout this crisis, the WA Police Force has been very approachable and has done everything possible to address our concerns and those of Members. Along the way, we attained some very valuable conditions to help protect Members and their families, including: • Personal Protective Equipment (PPE); • Priority COVID-19 Testing;

We embraced technology and held meetings, including Board and Branch meetings via video and teleconference. We closed the door to the general public to protect our staff to ensure they were available to assist Members in their time of need.

26 POLICE NEWS JUNE 2020

• Free flu vaccines for all police officers, police auxiliary officers and families residing with those officers this year; • Harsher penalties for those vile individuals who claim they are infected with COVID-19 and threaten, deliberately spit, cough, sneeze or wipe bodily fluids on emergency services workers during this crisis; • External cleaning contractors to clean work vehicles twice per day; • WA Police Force funded accommodation for Members exposed to the virus in the workplace to avoid risk of spread to families; • We lobbied WA Police Force to provide alternative work arrangements for workers and their families who have medical conditions which make them more susceptible to the virus; and • We explored options to provide reduced parking fees so Members could avoid using public transport. Within the four walls of WAPU HQ, we too were forced to make changes. We embraced technology and held meetings, including Board and Branch meetings via video and teleconference. We closed the door to the general public to protect our staff to ensure they were available to assist Members in their time of need. COVID-19 will change the way we live, the way we police and potentially the way we organise as a union. While the vehicle check points and quarantine checks will cease and the streets of the city and Northbridge will begin to fill again as we return to normality, some aspects will potentially be here forever. One of the big issues we always face given the dynamic nature of policing is making the time to attend union meetings.

FIELD REPORT

While I generally believe that it is best to meet physically as a group in the ops or crib room, we need to maximise our attendances so all Members get the chance to voice their concerns and issues.

Members are rostered 24/7 and often it is very hard for them to attend meetings. Sometimes they are out on the road, they are on weekly leave and often they are asleep after working night shift. COVID-19 has forced us to embrace meeting remotely and this could be the solution to make it easier to attend union meetings. While I generally believe that it is best to meet physically as a group in the ops or crib room, we need to maximise our attendances so all Members get the chance to voice their concerns and issues. It isn’t fair that Constable Josh misses out on a union meeting because he’s on the road, at home looking after the kids or asleep. But could implementing video conferencing, such as Zoom or Microsoft Teams, across our 53 Branches make it easier for the Constable Joshs to attend meetings?

And if it does make it easier then shouldn’t we embrace that technology? It will certainly be something that will be discussed within WAPU and with our Branches. Video conferencing could also be beneficial to regional Branches, some of which cover several stations hundreds of kilometres apart. The video conference could allow these Branches to better engage, meet “face-to-face” and ensure the views of all Members are heard. This technology will only get better with time, so is now the time to embrace it within our Union?

EMERGENCY 24/7 DIRECTOR

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

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

Mick Kelly

EMERGENCY DIRECTOR

WAPU

POLICE NEWS JUNE 2020

KATRINA MASON

Industrial Officer WA Police Union

Unravelling the myths between accrued and pro rata annual leave ONE OF THE COMMON INDUSTRIAL INQUIRIES WE GET AT WAPU HQ is in relation to a supervisor directing a police officer to provide preferred leave dates or put their annual leave into SIMR. Annual leave can be one of those confusing matters given the difference between accrued and pro rata annual leave, which can stump even the most experienced officer. Under the WA Police Industrial Agreement 2017, full time police officers accrue 240 hours of annual leave for each year of completed service, calculated on a calendar year basis commencing on January 1 each year. Police officers stationed in the North West accrue an additional 40 hours annual leave for each year of service completed in the North West. These hours of annual leave are classified as pro-rata leave in the year it accrues and then becomes accrued leave the following year. You don’t have to use your pro rata leave this year nor can you be forced to however, you can use them if you want. Hypothetically, let’s say your accrued balance at January 1, 2020 was zero hours and you do not use any pro rata leave in 2020, you will have 240 hours of accrued leave at December 31, 2020, which you must use in 2021. You are required to submit next year’s (2021) preferred annual leave dates by June 30 this year (2020), utilising all the 240 hours accrued this year (2020). If you don’t submit your preferences, you cannot be assured of getting your preferred holiday dates.

These hours of annual leave are classified as pro-rata leave in the year it accrues and then becomes accrued leave the following year.

28 POLICE NEWS JUNE 2020

In relation to pro rata annual leave, you cannot be forced to take this leave, but you can submit pro rata leave dates for approval. This is useful if you want to secure a specific period of time off. As per accrued annual leave, if you don’t submit your preferred dates, you may not get approval for your desired leave period. In terms of policy, HR-07.02.1 Annual Leave Procedures requires police officers to enter approved leave into SIMR at least four weeks prior to the commencement of that leave. Recently, we wrote to the WA Police Force to seek some clarity in relation to police officers being directed to take pro rata annual leave in the same year it is accruing. In her response, Human Resources Director Karen Roberts agreed with our view of the application of clause 29(2) of the WA Police Industrial Agreement 2017. “Police officers are required to enter their dates into the annual leave roster for annual leave that is fully accrued, by June 30 each year, giving notice of the dates that the police officer prefers to commence and finish annual leave, in the year immediately following,” Mrs Robert said. However, she also states that it is beneficial and reasonable for the Agency to request officers submit dates for the annual leave roster which encompass annual leave that will accrue the following year, for the purpose of planning. "This is with the understanding that the employee cannot be required to take any pro rata annual leave included in the annual leave roster. The employee would continue to have the right to carry over some or all of that year's annual leave entitlement to the next year," she said. What this means is that you can enter your “preferred” pro rata leave dates into the annual leave roster and SIMR but you do not need to take those dates, in the event they do not suit your requirements. Or if you don’t intend to take pro rata annual leave, don’t put anything in.

INDUSTRIAL REPORT

OPINION

Continued from page 25

Depending on whether the leave has been entered into SIMR, there are two procedures to change or alter your accrued annual leave. Firstly, if the accrued annual leave has not been entered into SIMR, it may be changed with approval at a station or work area level. Accrued annual leave which has been entered into SIMR, may only be changed or cancelled by Personnel Services. This is done via email through your chain of command and must include approved alternative dates or approval to defer leave. For pro rata leave, it simply needs to be cancelled at a station or work area level if it is not in SIMR or via Personnel Services if it is. No alternative dates need to be provided.

Depending on whether the leave has been entered into SIMR, there are two procedures to change or alter your accrued annual leave.

LEAVE BALANCES

The below table explains what your SIMR totals mean. Accrued

Remaining leave balance carried over from last year.

Pro Rata

Total leave accrued to date this year.

Total @ Today

Annual Leave balance payable if employment is terminated (Total @ Today = Accrued + Pro Rata).

Total @ 31/12

Balance of all leave yet to be utilised or entered into SIMR (includes leave not yet accrued this year).

“There is some overlap between the union membership discrimination provisions contained in the Industrial Relations Act 1979 with those that are contained in the Australian Human Rights Commission Act 1986 and there are some differences also. “To determine what forum is best for you, you should contact WAPU for guidance, and if you wish to speak to someone at Slater and Gordon Lawyers, a free consultation can be organised through WAPU.” So the moral of this stor y for Members and Representatives is if they feel they are being discriminated against, disadvantaged or discouraged from contacting WAPU they should contact us immediately for advice. We will take all complaint s seriously and we will take action in the WA Industrial Relations Commission against anyone who bullies, threatens, targets or treats a Member differently because of their Union Membership.

If you require assistance to change approved annual leave, whether it is initiated by either the WA Police Force or yourself, please contact our Industrial Team on 9312 2155 or via admin@wapu.org.au.

29 POLICE NEWS JUNE 2020

Free legal services for WAPU Members, their families and retired Members.

To arrange a preliminary in-person or phone appointment contact WAPU HQ on (08) 9321 2155

Leading Australian law firm, Tindall Gask Bentley is the preferred legal services provider of the WA Police Union, offering 30 minutes of free initial advice and a 10% fee discount.

PERSONAL INJURY • Motor accident injury compensation

• Public liability

• Workers compensation

• Superannuation claims (TPD) Tim White

FAMILY AND DIVORCE Matrimonial, De Facto and Same-Sex Relationships • Children’s Issues

• Property Settlements

• Child Support matters

• “Pre-nuptial” Style Agreements Renee Sapelli

Kate Major

Renee Sapelli

Kate Major

Richard Yates

Damian Eynon-Williams

WILLS AND ESTATES • Wills and Testamentary Trusts

• Advice to executors of deceased estates

• Enduring Powers of Attorney

• Obtaining Grants of Probate

• Enduring Guardians

• Estate disputes

CRIMINAL AND DISCIPLINARY • The Corruption and Crime Commission

• Criminal and Disciplinary matters

• Courts of Inquiry

Tindall Gask Bentley is a leading Australian law firm. We’ve been helping people with injury, family and estate matters for more than 40 years. With a culture of service and empathy, we are fiercely committed to our clients.

RICHARD YATES

LEGAL

Partner Tindall Gask Bentley Lawyers

WA's first criminal trial for new revenge porn laws THERE ARE A FEW CASES I'VE been involved in over my 14 years as a police union lawyer that I distinctly remember well long after they have finalised, and WA's first not guilty trial of the revenge porn laws will definitely be one of them.

Her Honour's findings reinforce that the official duties / private life distinction isn't always as clear cut as looking at whether a police officer is on duty or off duty at an exact moment in time.

When I first met Detective Senior Constable Christine Frey at WAPU HQ, she told me she had been charged with distributing an intimate image, contrary to section 221BD(2) of the Criminal Code. I listened intently as she explained what had happened during a work trip, and I struggled to understand what she was supposed to have done wrong. On May 7, 2019, Christine and colleagues from the Kimberley Joint Response Team had travelled to Derby to conduct some child abuse investigations. On the sidelines of interviewing a child witness, Christine unlocked her phone, opened a game installed on the phone and handed her phone to the witness to play the game to pass the time. Unknown to Christine, the child closed the game, opened the image gallery on the phone and came across a photograph of a bare chested female acquaintance of Christine. The child asked Christine about the photo. Understandably shocked, Christine took back possession of her phone and immediately reported the incident to her colleague that was with her. That night at dinner with all four members of the team on the work trip, Christine briefed them about the incident, momentarily flashed the image on her phone to them and sought their counsel about reporting the incident. It was that act of showing her four colleagues the image in that debrief that was said to have been a criminal act.

Seven months after Christine first saw me, I sat at the Broome Magistrates Court's bar table with Christine and our barrister Linda Black, as we listened to Magistrate Elizabeth Langdon acquit Christine of the charge, award defence costs of $15,000, and in comments widely published in the media at the time, described the circumstances of the case as "very different" to the type of behavior the government was trying to stamp out by the new revenge porn laws. Her Honour said: "A reasonable sober person would consider the distribution of the image to be acceptable given the context in which it occurred," and "based on the consistent evidence of all the witnesses, I find it was usual for the team to meet after hours wherever it was convenient, and I do find in all the circumstances that it was convenient on 7 May 2019 after 5 pm in small town Derby for the four members of the team to meet at a local restaurant to discuss and debrief their day’s relevant work. Given that set of circumstances I find Detective Frey was acting in the course of her official duties as a police officer. There is no evidence before me that anything improper was discussed in relation to work matters and that the fact of the child witness inadvertently viewing the intimate image of Ms Barnes on Detective Frey’s phone earlier that same day was squarely a work matter relevant to the official duties of Detective Frey and each of her work team colleagues. The issue or dilemma posed by Detective Frey to the team, as to whether she should report the fact of a vulnerable child

witness being inadvertently exposed to an intimate image held on Detective Frey’s phone, was both relevant and inextricably linked to the nature and subject matter of the team’s very work involving the investigation of child protection issues arising out of child sexual abuse matters.” Her Honour's findings reinforce that the official duties / private life distinction isn't always as clear cut as looking at whether a police officer is on duty or off duty at an exact moment in time. They can be a combination of official duties and private life issues occurring while on or off duty. For example, answering a phone call from your child's school while you're at work doesn't make that phone call related to your official duties. Equally, discussions with colleagues don't lose their work-related character simply because they occur before or after official shift times, or away from the worksite. The divide can never be clearly defined, although we can all often recognise when a matter clearly falls either side of the divide. There can be no doubt revenge porn behaviours exist in our community and the government was right to bring laws in to try and stamp it out. However, this was never a case of revenge porn. Christine always knew that and now she has a court judgment to prove it. My hope is that this decision will give guidance to police prosecutors in working out what is and isn't meant to be captured by the new laws. 31 POLICE NEWS JUNE 2020