MARCH 2022
Blurred lines The right to disconnect: what it is, how it works and why it matters
It’s OK not to be OK An open letter to officers struggling with PTSD
Missing piece of missing person jigsaw Safe & Found WA supplements tracking technology
THE MAGAZINE FOR THE
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POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION
CONTENTS
10
Blurred lines
The right to disconnect: what it is, how it works and why it matters
14
22
Missing piece of missing person jigsaw Safe & Found WA supplements tracking technology
20
Bright kids with bright futures Our new scholarships awarded to five members’ children
4 POLICE NEWS MARCH 2022
08 P RESIDENT’S REPORT 18 I NDUSTRIAL REPORT 25 F IELD REPORT 29 LEGAL 30 H EALTH
It’s OK not to be OK An open letter to officers struggling with PTSD
06 BOARD OF DIRECTORS & STAFF
26
Sergeant Jesse tops the bill Meet the Nine News WA Police Excellence Awards individual category winner
31 M OTORING 32 N EW MEMBERS 34 RETIREMENTS & RESIGNATIONS 34 VALE
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 Right to disconnect. Photo: Jody D’Arcy. ABOVE More than 100 new constables have joined the WA Police Force this year. Photo: Mat M.
POLICE NEWS MARCH 2022
WA
POLICE UNION
Board of Directors 24/7 EMERGENCY DIRECTOR
MICK KELLY President 0438 080 936
PAUL GALE Senior Vice President & 24/7 Emergency Director 0438 080 930
DAVE FLAHERTY Vice President 0436 856 085
MARTIN VOYEZ Treasurer 0438 992 374
WARD ADAMSON Director 0457 603 311
BRAD BIRD Director 0427 743 889
ANNTOINETTE CASHMORE Director 0436 861 370
CHRISTINE FREY Director 0428 688 747
Staff
PAUL HUNT Secretary 6 POLICE NEWS MARCH 2022
CHRIS VITLER Finance Manager
MARK WORWOOD External Media Communications Manager
JESSICA CUTHBERT Media Officer
CLAUDIA FUENTES BELTRAN Industrial Officer
MARK SHIPMAN Industrial Lawyer
MATTHEW PAYNE Research Officer
BOARD OF DIRECTORS & STAFF
BRANCH PRESIDENTS Academy Air Wing Armadale Gosnells Avon Bunbury Australind Cannington branch Causeway Central Great Southern Central Midlands Central West Coast Commissioned Officers East Kimberley
LINDSAY GARRATT Director 0437 158 723
AARON HONEY Director 0436 860 490
KEVIN MCDONALD Field Officer
GARY KEENAN Field Officer
GARY LEWIS Director 0434 328 417
GRAEME MACEY Director 0436 946 699
BRAD SINCLAIR Finance Officer
TODD ROBINSON Director 0433 567 519
PENNY BROWN Member Services Officer
SCOTT SULLEY Director 0437 829 145
KAREN MANN Administration Officer
Tiffany McAlinden John Gobbels Paul Burke Dave Flaherty Gareth Reed Cindy Beckwith (President) Matt Turner Thomas Briscoe Jake Hendry Jaime Forbes Kim Travers Sasa Dzaferovic (Secretary) Fergus MacKinnon Ben Reid Peter Birch Emily Gilbert Rosie McKee Chris Fox John Cranley Chris Bell Rob Witt
Eastern Goldfields Eastern Wheatbelt Financial Crimes Fortescue Fremantle Gascoyne Geraldton Great Southern Intelligence Operations Joondalup Ben Giff Leeuwin Naturaliste Bryn Papalia Licensing Kim Briggs Enforcement Major Crime Greg Hart Mandurah Harry Russell Maylands Complex Ian Moore Midland Mike Pearce Midland Workshops Jeanette Maddison Mirrabooka Todd Robinson Multi Functional Martin Glynn Police Facility MFPF Murchison Max Walker North Eastern Kevin Guy Goldfields North Pilbara Alex Kay Northern ROG Aaron Doran PAO Property Lisa Little Perth Christine Frey Perth Watch House Ryan Scott Professional Jason Filgate Standards Prosecuting Sharon Cumbers Rockingham Kwinana Andy Allison Serious & Jennie Jannings Organised Crime Sex Crimes Cliff Daurat South East Eyre Aaron Honey State Traffic Matt Hudson Operations Traffic Enforcement Lance Munckton Group North Traffic Enforcement Shane Wheeler Group South Upper Great Mick Williams Southern Water Police Adam McGregor West Kimberley Michael Sedgman West Pilbara Dejan Pavlovic
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POLICE NEWS MARCH 2022
MICK KELLY President
The three Rs our members need, want and demand REMUNERATION. RESOURCES. RESPITE. They’re the three Rs about which the delegates at our P&N Bank-sponsored 85th Annual Conference spoke most frequently, most fervidly and most forcefully. They’re the three Rs that’ll permeate the log of claims we’ll develop ahead of the first round of bargaining talks about a new industrial agreement. They’re the three Rs our members need, want and demand. Good annual conferences set good agendas for the subsequent 12 months. They provide clarity as to what matters. Our conference did just that. The message is clear: our members need, want and demand more remuneration, more resources and more respite. Less than three weeks after our annual conference rose, the McGowan Government unveiled its new public sector wages policy following on from its 2021-22 state budget. The government’s two-year policy offers our members a 2.5% wage increase annually and the choice by industrial agreement of a one-off $1,000 payment or an extra 0.25% annually for negotiated reforms. Additionally, the government has developed a new, broader framework that’ll allow us and other unions to discuss a wider range of workplace issues.
One need only browse the industrial agreements of other WA public sector workers, particularly those in the emergency services sphere, to note significant disparities between their shift penalties, overtime rates and allowances and those of our members. Our members are getting a raw deal compared to other emergency service providers.
8
The McGowan Government is wedded to its public sector wages policy, and unfortunately, it may be an immovable object for us and our fellow unions in the short term. The government will likely argue it can’t afford to dig deeper into its pockets for all WA’s public sector employees and its two slightly different offers exceed wage growth in the state’s private sector. Fortunately, there’s more to remuneration than an across-the-board pay rise at a rate that’s below what several annual conference motions directed us for which to lobby. Annual conference delegates devoted much airtime to shift penalties, overtime rates and on-call allowances. They’re three of the remuneration topics around which we should be able to prosecute cases capable of not only influencing the powers that be but also striking a chord with the people whom we serve. The Productivity Commission 2022 Report on Government Services included a key finding that, for the second year in a row, the WA Police Force had Australia’s highest satisfaction rating from people who’d experienced contact with the agency. It’s crucial we engage with the public. The public value our members. The public wouldn’t swap places with our members. The public elect the powers that be, at least those answerable at the ballot box, who remunerate our members. One need only browse the industrial agreements of other WA public sector workers, particularly those in the emergency services sphere, to note significant disparities between their shift penalties, overtime rates and allowances and those of our members. Our members are getting a raw deal compared to other emergency service providers.
PRESIDENT'S REPORT
At the turn of the century, serving Australian police officers were three times more likely to die in the line of duty than by their own hand. Today, the opposite is true. That’s why our members are desperate for more respite.
From the urban jungle of the Northbridge precinct to the rural wilderness of the WA outback, our members are crying out for more resources to help them enforce the law, prevent crime and manage emergencies. The Productivity Commission 2022 Report on Government Services found the level of WA sworn officers in an operational role fell below the national average for the first time since 2014-15, the percentage of WA sworn officers in an operational role is at its lowest since 2007-08 and the WA Police Force’s annual expenditure increase over the past five years of 0.9% is one-quarter that of the Australian mean. Those statistics, a couple of which admittedly have something to do with the COVID-19 pandemic, support what our members are telling us. Human resources are only one part of the resources equation. The WA Police Force is responsible for policing the world’s largest single police jurisdiction, serving and protecting more than 2.5 million people who live on a land area of more than 2.5 million square kilometres. Providing officers with good reasons to not only move to regional towns but also remain in the bush beyond their tenures is essential for the well-being of our members who police those regions and the WA Police Force as a whole. The Government Regional Officer Housing program is a constant cause of complaint among our non-metropolitan members, and it requires a radical overhaul. Being a police officer is one of the most stressful and dangerous occupations in our society. Our members are taught to run towards danger, not away from it. The highpressure environments in which our members work is a
major contributory factor to the suicides data that we cited in the December edition of Police News. A quick refresher, not least for the WA Police Force executives who’ve done nothing in this space since August’s suicide prevention forum: the rate of suicide among serving Australian police officers has more than doubled over the past 20 years. At the turn of the century, serving Australian police officers were three times more likely to die in the line of duty than by their own hand. Today, the opposite is true. That’s why our members are desperate for more respite. The Western Australia Police Force Industrial Agreement 2021 increased the rest days of our members to three a year. The WA Police Force put five rest days on the table during negotiations for a now-inactive industrial agreement, so we’ll revisit that when we sit down to talk with the agency. Also on the agenda will be the right to disconnect, which we view as vital to the health and welfare of our members. What’s the right to disconnect? How would it work in practice? Why should you, our members, care about it? Hopefully, the cover story of this edition of Police News answers these questions and more.
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BLURRED LINES 10 POLICE NEWS MARCH 2022
Wayne Gatt, Secretary of The Police Association Victoria
“When I joined the police force 27 years ago, you’d only receive an out-of-hours call from your boss about something that was really significant, such as if your gun were missing from the armoury. “It was a world in which mobile phones weren’t commonplace, computers were little more than word processors and people would think nothing of telling you off for disturbing their private lives. “Nowadays, everyone’s got a direct line to everyone else, whether that’s by calling, texting or emailing. Consequently, we’ve relaxed our communication protocols, society has undergone cultural changes and people are more open to their colleagues contacting them away from work. We’ve developed a culture of always being on duty. “What would’ve been a note in my locker in 1995 would be a text to my mobile when I’m off duty in 2022. The right to disconnect gives us permission to manage what’s become the societal norm and culturally acceptable. It’s not the norm, and it’s not acceptable.” Those are the words of Wayne Gatt, who utilised the negotiation skills he honed upholding the right as a Victoria Police sergeant to broker the inclusion of a right-to-disconnect clause in the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019 as Secretary of The Police Association Victoria (TPAV), our Garden State equivalent. The right to disconnect refers to the right of employees to disengage from their work and not receive or answer any work-related calls, texts or emails outside their agreed working hours. Technological developments and mobile devices have enabled employees to perform their work anywhere and at any time. While there are benefits with this flexible approach, it risks eroding the barriers between work time and leisure time. In many workplaces, there’s also an implicit or explicit expectation to check messages at home and at night, as well as during holidays. This constant connection and ensuing lack of rest carry important psychosocial risks for employees, including anxiety, depression and burnout. The right to disconnect establishes boundaries around the use of employer-to-employee communications outside rostered working hours. It’s often looked upon as an individual right of the employee to not only disconnect but also not be reprimanded for failing to connect or rewarded for constantly staying connected. France was the birthplace of the right to disconnect. In 2016, the Valls Government passed a labour law that,
among other provisions, included the right to disconnect (le droit de la déconnexion). While the 2016 labour law confirmed the right to disconnect, it’d been a 2004 judgement of the Court of Cassation that had introduced the concept to French policy makers. France’s highest court found an employee’s failure to answer his work phone outside his agreed working hours wasn’t a valid reason for his employer to fire him. The right to disconnect is codified into article L224217 of France’s Labour Code. The code doesn’t define its implementation, leaving employers and employees to determine the arrangements that best suit their respective needs. Indeed, article L2242-17 simply requires annual negotiations between employers and employees to determine the limits between the latter’s work lives and personal lives. However, French authorities take the right to disconnect seriously, as a 2018 Court of Cassation ruling that an employee is entitled to extra pay whenever they’re asked to be available to take work-related calls outside their rostered working hours shows. The court ordered the French arm of pest control company Rentokil Initial to pay €60,000 in compensation to its former regional director. Different countries have taken different approaches regarding right-to-disconnect policies. For example, Italy, Ireland and Spain have followed France’s lead, each introducing legislation that grants employees the right not to respond to work-related communications outside their agreed working hours without the fear of penalty. In Germany, it’s companies that have shown the greatest initiative, with chief executives of many German organisations, including Daimler, Siemens and Volkswagen, negotiating with unions about what policies to implement to ensure employees feel able to disconnect. ▷ 11 POLICE NEWS MARCH 2022
“… society has undergone cultural changes and people are more open to their colleagues contacting them away from work. We’ve developed a culture of always being on duty.”
12 POLICE NEWS MARCH 2022
There are multiple ways for employers to implement and enforce a right to disconnect. Some employers encourage disconnection but don’t monitor it. Some employers engage in regular status checks and employee questionnaires. Some employers use technological solutions, including shutting down their company’s email servers at the end of the formal working day, although that’s an extreme case. While Mr Gatt and his TPAV colleagues, both directors and staff, were developing their union’s log of claims for the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019, it became clear the members whom they represent coveted something more than money. They wanted Victoria Police to respect their downtime. “Most out-of-hours contacts employers make to employees are contacts of convenience, not essentiality. Even in policing, the majority of matters can wait until the next shift,” said Mr Gatt. “We canvassed our members, both face to face at branch meetings and through electronic surveys, and while they wanted more money in their pay packets, what they wanted most of all was the right to disconnect from their high-pressure work lives because all the money in the world is useless if you’re not alive to spend it.” Initially, TPAV’s negotiators received a frosty reception from their Victoria Police counterparts whenever they discussed incorporating a right to disconnect in the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019. It took quite some time before Victoria Police warmed to the idea, but eventually, the employer saw its merit. “Any provision like this gets the hackles up of the powers that be. At first, it was met with alarm from Victoria Police chiefs. However, we argued the always-on-duty culture they oversaw was killing people slowly and they should do something about it. We proposed a right to disconnect we believed would create not only a less stressed workforce but also a more resilient workforce,” said Mr Gatt. Operational since April 2020, the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019 contains the following clause: 59. Right to disconnect outside of effective working hours for protective services officers, constables, senior constables, sergeants and senior sergeants 59.1 Supervisors and managers must respect employees’ periods of leave and rest days. 59.2 Other than in emergency situations or genuine welfare matters, employees must not be contacted outside of the employee’s hours of work unless the employee is in receipt of an availability allowance pursuant to clause 56. 59.3 Employees are not required to read or respond to emails or phone calls outside their effective working hours.
“… what they wanted most of all was the right to disconnect from their highpressure work lives because all the money in the world is useless if you’re not alive to spend it.”
Deb Day is uniquely positioned to assess the right to disconnect because it came into effect near the end of her 33-year Victoria Police career, just before she joined TPAV as a field officer. Ms Day, whose husband is a Victoria Police homicide detective, was a senior sergeant and officer in charge prior to leaving the force to work for our sister union. She embraced the right to disconnect from the moment the Fair Work Commission registered the Victoria Police (Police Officers, Protective Services Officers, Police Reservists and Police Recruits) Enterprise Agreement 2019 and it became law. “I had to have my work-life balance right for my family to function. You can’t have a work-life balance if your employer is continually ringing you, emailing you, texting you when you’re on your rest days because you meant to be focusing on other things,” said Ms Day. “When the clause came in, I was over the moon because it made it easy for me to disconnect. When I’d leave the office, I’d turn off my work phone. Sometimes I’d leave my work phone on my desk, so when people would ring my phone, it’d ring out in the office, and they’d leave a message. The out-of-office message on my emails would say I’m disconnected. The people who’d need to speak with me in the event of a crisis had my personal mobile phone number. “My out-of-office message was important because it meant people weren’t calling me on my rest days to ask low-level questions or advise me about stuff I didn’t need to know there and then.” Now as a TPAV staff member, Ms Day spends her professional life assisting Victoria Police officers with employment-related matters, including educating all ranks about the right to disconnect. “A vast number of our contacts from officers is about managers breaching the agreement and contacting them while they’re at home. They don’t want it, they’re annoyed with it, and they reach out to us because they want something done about it,” said Ms Day. “So, it’s part of a big education piece for us to remind managers of the right-to-disconnect clause and that unless it’s an emergency, they shouldn’t contact officers who are on rest days or leave. “The education piece also includes the officers who are at home. Every frontline officer is issued with an Apple iPad Mini as part of their operational kit. They can take these devices home, and they do take them home. They check their work emails on them and then ring us to complain about the content of those messages. We implore them to stop checking their work emails at home when they should be disconnecting from their stressful jobs.” Mr Gatt agrees with Ms Day that TPAV, Victoria Police and their respective members and employees are learning together. “Is the right-to-disconnect clause working? It won’t work all the time and there are areas of grey. But it’s not designed to be an overnight switch that’s going to alter three decades of change.
“… it’s not designed to be an overnight switch that’s going to alter three decades of change. It’s designed to reduce the intrusions and help the employer … and its employees … get to a good place.”
It’s designed to reduce the intrusions and help the employer, Victoria Police, and its employees, our members, get to a good place,” said Mr Gatt. “Now’s not the best time to assess the impact of the rightto-disconnect clause because we’re responding to what’s a one-in-a-100-year emergency, but there are definitely fewer unnecessary communications despite the challenges associated with COVID-19. “Our members are becoming more knowledgeable about the right to disconnect, more literate about the issues and more comfortable with pushing back. They’re on a journey, and so are their bosses.” A right-to-disconnect clause like the one active in Victoria is near the top of our industrial agenda, and last year, Chris Dawson APM, Commissioner of Police, committed to engaging with us about such a policy during the term of the Western Australia Police Force Industrial Agreement 2021, which is due to expire in June. Mick Kelly, President of the WA Police Union, is passionate about the right to disconnect and how it’d benefit the entire WA police family. “The right to disconnect goes beyond recognising employees shouldn’t be contacted whatever the time. The right to disconnect not only removes the need for an immediate response from employees but also protects them against any detriment for being unreachable. Instead of managers simply not expecting a response from workers outside the latter’s rostered working hours, workers are actively encouraged not to respond outside those hours,” said Mr Kelly. “The right to disconnect can benefit both individual employees and organisations as a whole. Establishing an effective worklife balance for employees is likely to reduce staff burnout and overload, leading to a more productive workforce. The reduced pressure may have further benefits such as higher staff retention rates and increased employee morale, as well as a feeling from employees their employer recognises and support their mental health. “The right to disconnect is the right thing to do for all employers, including the WA Police Force, which care about their employees.” 13
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POLICE NEWS MARCH 2022
It’s OK not to be OK An open letter to officers struggling with PTSD
In May 2021, Sergeant Graeme Porteous walked out the front door of his house with the intention of taking his own life. Exhausted from years of battling post-traumatic stress disorder (PTSD), Sgt Porteous felt he’d nothing left. Nine hours later, emergency services, including the WA Police Force, found Sgt Porteous in a drunken stupor, luckily before he’d achieved his objective. One year on from the darkest day in Sgt Porteous’s life, he’s penned an open letter to Police News, which he hopes will convince his troubled brothers and sisters in blue to get the help he was so reluctant to seek. Our members are taught to run towards danger, not away from it and the high-pressure environments in which our members work is a major contributory factor to the data we cited in December’s Police News. Over the past 20 years, the rate of suicide among serving Australian police officers has more than doubled. In the second half of the past decade, the rate of suicide among serving Australian police officers increased significantly more than among their American, British and French counterparts. At the turn of the century, serving Australian police officers were three times more likely to die in the line of duty than by their own hand. Today, the opposite is true. Read Sgt Porteous’s open letter and call out for help if you need it.
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Hello everyone. My name is Graeme Porteous, and I’m in my 40th year of policing, which includes 31 years on the WA Police Force’s frontline. The job has changed significantly since I joined in 1982. It was far more regimented back then than it is today. We were told, very early in our careers, to keep what happens at work, at work. We were to tell no one, not even our wives or families. It’s advice I followed religiously for decades. Back in the old days, alcohol was the preferred method of dealing with stress. I saw many colleagues develop an unhealthy overreliance on alcohol. Marriages were ruined. Work hard, play hard was the catchcry. I wasn’t a big drinker in the 1980s, but that changed over time. Like you, I’ve enjoyed many postings, both country and metropolitan, in various roles. Like you, I’ve witnessed many unpleasant, confronting and disturbing incidents. More than some. Fewer than others. The deaths of three colleagues as a result of PTSD and two colleagues who lost their lives while on duty haunt me. I always considered myself to be a resilient person. I was enthusiastic and gregarious in nature. I had a positive outlook on work and life in general. I had a great job, a great wife and three great kids. What else is there? That all changed sometime around 2000 when I started experiencing odd flashbacks of things long past. Unhelpful memories were being propelled to the forefront of my mind. It would happen at any time of the day or night. Images randomly popped into my head. I couldn’t make sense of it. I began experiencing night terrors, which woke me regularly, disturbed my sleeping patterns and eventually impacted my general health and well-being. Like many others, I turned to alcohol to help manage my symptoms and deteriorating mental health. Doctor-prescribed medicines followed. In the early 2000s, lots of people, both inside and outside the WA Police Force, started talking about PTSD. I considered it as a legitimate ailment for defence personnel, but not so much for police officers. Generally speaking, I wasn’t sure I believed in it for coppers. From my experience, officers suffering from stress-related illnesses were widely viewed with scepticism and adversely judged by colleagues and supervisors, including me.
Upon reflection, I accept I was ignorant of the reality of PTSD. As my sleep deprivation increased, my mood fluctuated, and my emotional regulation decreased. The cumulative effect was my sick leave increased, my motivation decreased, my outlook on life turned entirely negative, my joyful experiences largely disappeared, and my relationships crumbled. In 2012, I had my first breakdown, and a WA Police Force psychiatrist diagnosed me with PTSD. Initially, I refused to accept my diagnosis. I tried to shun it. I tried to bury it. I continued trying to manage it with a combination of alcohol and prescription medicines, which by this time included psychiatric pills. I was a reluctant participant, often refusing to take my medicines because they reminded me how broken I was. This approach didn’t work out well for me. My mood swings became extreme and common. My lows were terrible. My depression was rampant, and then anxiety kicked in. It was a horrible time. All the while putting on a fake cheerful face to hide my inner turmoil and despair. I felt embarrassed and ashamed for not being able to beat it. I thought I should be able to beat it. Everyone else wasn’t like this. I was struggling with emotional dysregulation, exploding at work for no reason, incapable of controlling my outbursts. Often irritable and angry, I viewed myself as a fraud, showing one facade to everyone but in the shadow of that entity, hiding the vulnerable, bewildered and overwhelmed person I’d become. Self-doubt, self-loathing and self-condemnation were places I frequented. Ever-present were memories of friends who’d taken their lives because of PTSD and their frustrations at the ever-changing medicines doctors prescribed to stabilise their moods. I was scared I’d end up like them. To cope, I continued self-medicating with alcohol, which wasn’t good. All the while, my treating psychiatrist was experimenting with my meds to find the right fit. As you’d expect, due to my reluctance to accept I had a problem, my condition worsened, and I became somewhat antisocial. I preferred my own company because it was easier than pretending to be OK when with others. I became disassociated with life, a passive onlooker, not an active participant. I felt emotionally numb. My relationship with my wife was strained. She felt like she was walking on eggshells around me. It was as hard on her as it was on me. Probably harder. My anxiety was out of control, and I became hypervigilant. I couldn’t relax. I was tired and fatigued. I couldn’t sleep more than two or three hours in a row. I was struggling at work. I couldn’t concentrate. My memory was failing me. I was easily confused. I began acting in unsafe ways. My general health was suffering. I was putting on weight and regularly attending emergency departments with high blood pressure. I was neither happy nor healthy.
I was constantly battling embarrassment, shame and guilt. I felt everything was my fault or a product of my failure to self-manage my problems. I should simply get over it, as I was once told. Man up and get over it. I did try, but I couldn’t. Suicidal ideation was always there. Self-condemnation is an unrelenting and vicious adversary. At times, my struggles felt insurmountable. My negative thoughts and self-doubts were extremely hurtful and fatiguing. I was trapped in a cyclic temporal argument with myself about my sense of self-worth and my right to happiness. Even though many people surrounded me, I felt isolated, completely alone. My loss of self-esteem. My sense of failure. My personal weakness. It was the continual killing off of my once resilient, emotional spirit, bit by tiny bit. As I was trying desperately to hold it together, I felt like people who didn’t understand – couldn’t understand – were looking at me like I was crazy. Frankly, it felt like I was going crazy. I had an implacable, insidious and invisible enemy, and it felt like it was slowly breaking me apart from the inside. My inner struggle was constant and emotionally exhausting. No matter how much I rested, I felt fatigued. My enjoyment of life evaporated, replaced by a shallow sense of surviving, day by day. My depression manifested itself as anger, frustration and resentment, mainly directed inwards at my inability to beat my demons. I felt fragile and vulnerable. Last May, I finally fell over. Completely. Totally. I endured a psychiatric meltdown. I could tell it was coming. That rainy afternoon in May, I experienced the most severe bout of depression I’d ever felt, and I yielded. The fight had simply left me. I was done. Defeated. My strength had disappeared. I wanted it over. I wanted out. It was all too hard. I was totally exhausted from my prolonged battle against myself. Years upon years of internal torment. I saw no way out of the fatigue, despair and self-hatred. I was overwhelmed by the sheer enormity of it all. I saw no light at the end of any tunnel. I saw no respite. I knew I was loved. I was surrounded by people who cared for me, but I felt completely and utterly alone. I thought my loved ones would be better off without me and my flaws, so I took a bottle of whisky and some rope into the bush opposite my house. In my absence, my family notified the relevant authorities, and emergency service providers, including the WA Police Force, undertook a largescale search operation. The search crew found me nine hours after I’d left home. Totally inebriated, I was unable to walk unaided. Thankfully, I was still alive. I was lucky. My excess consumption of alcohol put me in such a state, I couldn’t complete the task I’d set myself. ▷
“I felt embarrassed and ashamed for not being able to beat it. I thought I should be able to beat it. Everyone else wasn’t like this.”
15 POLICE NEWS MARCH 2022
“During my recovery, it was excruciating to witness the despair, pain and suffering of my loved ones. … I never want to see anyone else go through the emotional distress the persons closest to me went through. This letter is meant for anyone battling their own demons.” Respite in a private mental health facility followed. Differing medicines, psychiatric counselling and cognitive behavioural therapy have helped my personal growth in better managing my health conditions. I’ve reduced my alcohol intake significantly – I’d estimate by about 90% – and I feel much healthier. My sleeping patterns are more consistent, and my night terrors are less frequent. I still feel fatigued and experience moderate mood swings, but nothing like before. I still don’t like socialising generally, which is something I suspect is due to embarrassment and shame. I’ve written this open letter because of the amazing and unconditional support I’ve received from loved ones, close personal friends, work colleagues, direct line managers and the WA Police Force as a whole. I’ll be forever grateful and humbled by the non-judgemental support I’ve received during my recovery. My secret is now out in the open. Strangely, my sense of embarrassment and failure has diminished. It still pops into my head occasionally, but on the whole, it’s been replaced by a sense of achievement in surviving what could’ve been a catastrophic mistake. During my recovery, it was excruciating to witness the despair, pain and suffering of my loved ones. I carry with me significant guilt for the pain I inflicted on them. I never want to see anyone else go through the emotional distress the persons closest to me went through. This letter is meant for anyone battling their own demons. Help is there. You just need to ask for it. You’re not alone. I understand better than most people the reasons why we hesitate in requesting help, but it’s out there for you. In 2016, The Conversation Australia and New Zealand published a piece by Petra Skeffington, Head of Psychology, Exercise Science, Chiropractic and Counselling at Murdoch University, in which the then Curtin University-based doctor wrote the risk of PTSD in Australian police was as high as 20%, far beyond the 1-3% prevalence expected in the general population. It’s food for thought. Given my experience, I’d suggest PTSD is actually underreported within the WA Police Force. If there’s anyone out there struggling, silently fighting their own fight, please seek help. There are people you can trust. If all else fails, give me a call or send me an email. 16 POLICE NEWS MARCH 2022
I’m always up for a chat. I know what it is to surrender to overwhelming emotions. Every fight is winnable. You just need the right support. I’m not saying PTSD is curable. Am I cured? No. But, with help, PTSD is manageable. It’s challenging. It’s confronting. It’s tough. But it’s doable. A wise man said to me at the recent funeral of a mutual friend, who was also a serving officer, you recover step by step, placing one foot in front of the other. Will I ever stumble again? Possibly, but I derive comfort from knowing I’m not alone and there’s help available. It’s OK to be human and need help occasionally. What I’ve seen, heard and touched during work hours has, on occasions, confronted, scared and scarred me. The scarring isn’t the danger. The reluctance to seek help when needed is the danger. It’s OK not to be OK. I know it’s a corny line, but it’s true. I used to treat R U OK? Day with contempt, viewing it as a political tool designed to protect the WA Police Force against civil suits. That mentality is completely wrong. It’s there to remind everyone that not everyone is OK, and that it costs nothing to be kind. I’m hopeful sharing my story through Police News will encourage others to take the all-important first step of asking for help. Stay safe everyone. Kindest regards Sergeant Graeme Porteous
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Long-standing entitlements under threat IT’S ONE OF THE MOST SIGNIFICANT CLAUSES in the Western Australia Police Force Industrial Agreement 2021 (IA), and the long-standing entitlements it provides our members are under threat due to new guidelines and unfavourable interpretations of them, none of which the relevant authorities discussed with us before their abrupt implementations. Clause 40 (Non-Work-Related Medical and Pharmaceutical Expenses) comprises fewer than 1,000 of the IA’s 40,000 words, but the consequences of the actions of the Office of the Auditor General (OAG), Department of Treasury (DOT) and WA Police Force will cost our members millions of dollars over the coming years unless we mitigate them. When our members arrested Paul Whyte in November 2019, none of them could have foreseen the effect the case on which they were working would have on their entitlements. Mr Whyte, the former Department of Housing and Department of Communities senior bureaucrat who defrauded the WA Government of $27.4 million over an 11-and-a-half-year period, received a 12-year jail sentence after he pleaded guilty to 564 charges of corruption and money laundering.
We voiced the concerns of our members, particularly those about receipts and privacy, with the WA Police Force, but after initially supporting our proposal to make joint representations to the OAG, DOT and ATO, the agency backflipped, leaving us to fly solo, which is what we’re doing.
18 POLICE NEWS MARCH 2022
The multi-agency investigation into the behaviour of Mr Whyte, which the Corruption and Crime Commission described as “Australia’s biggest corruption by a public servant,” was the catalyst for the OAG and DOT reviewing their procedures and issuing revised guidelines, but they left them open to individual interpretations. Among what the WA Police Force took from the guidance it received was it must deny medical claims without Australian Competition and Consumer Commission-compliant receipts and obtain from claimants additional information about their illnesses or injuries to meet the fringe-benefits-tax-related reporting requirements of the Australian Tax Office (ATO). We voiced the concerns of our members, particularly those about receipts and privacy, with the WA Police Force, but after initially supporting our proposal to make joint representations to the OAG, DOT and ATO, the agency backflipped, leaving us to fly solo, which is what we’re doing. Whereas the clampdown on receipts, invoices and the like applies to all WA Government entities, the attack on a time-honoured industrial agreement clause is specific to the current deal between the WA Police Force and us. In October, the WA Police Force communicated to us its new interpretation of c40, effectively giving notice it’d deny nonwork-related medical claims from applicants who didn’t have private health insurance. We rejected the WA Police Force’s proposition and advised the agency we’d go to the Industrial Magistrates Court of Western Australia or Western Australian Industrial Relations Commission (WAIRC). In November, the WA Police Force reiterated to us its intention to deny non-work-related medical claims from applicants who’d received treatments as private patients if those treatments were available to public patients on the grounds they weren’t “reasonable” claims.
INDUSTRIAL REPORT
… the WA Police Force wants to erode c40 and reverse more than 20 years of custom. We sought interim orders to maintain the status quo while the matter is in dispute. Sadly, the WAIRC didn’t grant our requests.
In February, we appeared before the WAIRC, raising concerns about the WA Police Force’s various new tests for assessing non-work-related medical claims, which also include denying claims from applicants who receive treatments from service providers not registered with the Australian Health Practitioner Regulation Agency (AHPRA). February’s WAIRC conference confirmed our fears: the WA Police Force wants to erode c40 and reverse more than 20 years of custom. We sought interim orders to maintain the status quo while the matter is in dispute. Sadly, the WAIRC didn’t grant our requests. Even more disappointingly, the WAIRC’s preliminary opinion is the WA Police Force’s new position of “reasonable” costs for non-work-related medical claims is acceptable, as is the agency’s new position requiring service providers associated with such claims to appear on AHPRA’s register of practitioners.
The WAIRC directed us to resubmit the claims the WA Police Force denied based on the latter’s new interpretation of c40, wherever possible supplementing those claims with additional information to assist the agency with its reviews. The WAIRC directed the WA Police Force to draft guidelines aimed at better articulating its new interpretation of c40. We’ll review the guidelines the WA Police Force draws up, propose amendments and return to the WAIRC if the matter remains unresolved. The hard-fought entitlements our members receive under c40 are under threat. We’re doing everything in our power to preserve them.
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Congratulations to the five successful applicants for our new scholarships, which assist the academic journeys of secondary school students connected to our union family.
Bright kids with bright futures F
or more than 20 years, we’d presented just two scholarships annually, one to a metropolitan-based student and one to a student living outside the city limits. However, following an internal review, we changed the long-standing structure of our scholarships program, adding more awards and removing geographical constraints. An independent assessor reviewed each scholarship application, and our directors endorsed their recommendation at our January board meeting. This year’s scholarship recipients are Tia Gildersleeve (Year 8 at Bunbury Catholic College), Aidan Dinsdale (Year 9 at Byford Secondary College), James Dark (Year 10 at Perth Modern School), Talan Rankin (Year 11 at Trinity College) and Mackenzie Froude (Year 12 at Iona Presentation College). Aidan, James and Talan received their scholarships from Mick Kelly, President of the WA Police Union, at our February board meeting. Subsequently, Mr Kelly presented Mackenzie’s scholarship to her at our West Perth head office, and Martin Voyez, our South Region director, handed over Tia’s award to her at Bunbury Police Station. Aidan, whose father is Sergeant Glen Dinsdale, loves music and games. “My scholarship money will go towards new music equipment. I take contemporary guitar and piano lessons, but I don’t have the required equipment at home, so the scholarship will be a great help,” said Aidan, who’s also passionate about digital technology, including game design. James, whose mother is Police Auxiliary Officer Nicola Dark, is one of Australia’s top science students and hopes to pursue a scientific career. “Last term, I achieved a distinction in the ICAS (International Competitions and Assessments for Schools) tests for science, 20 POLICE NEWS MARCH 2022
a result that placed me in the top 8% for participating students in Australia,” said James. “I’m inspired by people who create new ways to solve problems, especially ground-breaking treatments and state-ofthe-art technology.” James told Police News he’ll use his scholarship money to attend the Lotterywest BioDiversity Centre at the Harry Perkins Institute of Medical Research, where he’ll take part in a series of courses over two semesters. “I’m looking forward to gaining experience working in a lab, learning about microscopy, isolating cancer cells, conducting PCR (polymerase chain reaction) and gel electrophoresis, plus other biomedical techniques.” Talan, whose father is Senior Constable Bevan Rankin, is an avid footballer and aspires to play for Trinity College’s first team this year. “My scholarship money will go towards paying my tutors and coaches, which will enable me to kick goals in school, sport and life,” said Talan. Applications for our 2023 scholarships will open later this year.
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21 POLICE NEWS MARCH 2022
01
Missing piece of missing person jigsaw Inspector Steve Scott deals with the impacts of dementia and other cognitive impairments in both his professional and personal life. That’s because Insp Scott not only oversees the WA Police Force’s Emergency Operations Unit, which conducts searches aimed at locating missing persons, but also is the son of a dementia patient diagnosed with the condition eight years ago.
22 POLICE NEWS MARCH 2022
Insp Scott’s experiences, in both the Emergency Operations Unit at its Maylands headquarters and the living room of his parents’ Armadale home, inspired him to create Safe & Found WA, which our member describes as “a low-cost insurance policy that, when everything else in your safety plan fails, will come to your loved one’s rescue.” According to Dementia Australia WA, the state branch of the nation’s peak body for people whom dementia impacts, the condition is the second leading cause of Australian deaths. Dementia Australia WA estimates more than 35,000 Western Australians are living with the condition, and without a medical breakthrough, forecasts that number to double by 2050. Approximately 70% of Western Australians with dementia live in the community. Insp Scott’s 78-year-old father, Bernie, joined the ranks of Australia’s officially diagnosed dementia patients in 2014.
“It’s like he’s already gone. He’s not there. He doesn’t talk to anyone when he used to engage in conversation, usually leading it. He’s trapped in the living death that’s dementia,” said Insp Scott. “My experiences as my father’s son meant I understood dementia on a personal level, but it was only when I got to the Emergency Operations Unit that I realised how common the condition is. With my professional background, I wanted to make a personal difference, so using my police connections and investigative skills, I began looking into what, if anything, other Australian jurisdictions were doing.” Insp Scott’s enquiries led him across the Nullarbor Plain to Adelaide, the city in which the MedicAlert Foundation has its Australian head office. A national organisation that had cooperated with Australian emergency services for more than 50 years and didn’t limit itself to just dementia patients, the MedicAlert Foundation was the perfect partner to help bring Insp Scott’s embryonic idea to life. “Discovering the MedicAlert Foundation, its extensive network and its technological capability was my most important investigative finding when I was trying to give birth to Safe & Found WA,” said Insp Scott. “Partnering with the MedicAlert Foundation opened up Safe & Found WA to cognitive impairments other than dementia, such as autism, Asperger’s and Down syndrome. The MedicAlert Foundation had a proud history of managing confidential information in emergency situations, which was another excellent reason for us to team up. “The MedicAlert Foundation collates and manages the sensitive data that powers Safe & Found WA. The WA Police Force can only access the Safe & Found WA system in response to an alert, so the agency is an end user of the system rather than a system administrator.” Lost person behaviour information, which Insp Scott and his WA Police Force colleagues lodge every time someone goes missing, feeds into an Australia-wide manual from which it’s possible to identify trends. Safe & Found WA is better than general statistical data at predicting individual behaviours because it’s person specific. In Safe & Found WA’s first five operational months, it assisted in six rescues, one of which located a young autistic man who’d gone missing. The man was the subject of a Safe & Found WA profile his family had created, a profile that contained not only his personal details, including his name, date of birth and a recent photograph, but also his favourite people, places and things. It was because of the man’s Safe & Found WA profile the WA Police Force knew about the missing person’s affinity with water. It didn’t take long for police officers to find the man sitting in a neighbour’s backyard spa.
“Tracking technology is a valuable tool and I recommend its use. However, it isn’t the panacea for locating missing persons that many people think it is. Devices fail. Batteries go flat. Telcos have blackspots. … Safe & Found WA supplements tracking technology.”
“Tracking technology is a valuable tool and I recommend its use. However, it isn’t the panacea for locating missing persons that many people think it is. Devices fail. Batteries go flat. Telcos have blackspots. And trackers aren’t any good if the person whom they’re designed to track removes them, either inadvertently or intentionally. Safe & Found WA supplements tracking technology,” said Insp Scott. Already Safe & Found WA has nearly 150 members, but Insp Scott’s aim is to convince the carers of every vulnerable person in Western Australia to create a profile on the system as part of their risk management plans. Insp Scott dreams of a time when Safe & Found WA has the same level of brand recognition and public trust as Lifeline or Beyond Blue, not-for-profit organisations that have become synonymous with Australian mental health services. To find out more about Safe & Found WA, visit its website at safeandfound.org.au. Safe & Found WA has a joining fee of $99, which include one year’s membership and a Safe & Found identity bracelet, with a subsequent annual membership fee of $49. Safe & Found WA is a registered National Disability Insurance Scheme provider, plus some private health funds and local government authorities contribute to start-up or ongoing membership costs.
02
01 Inspector Steve Scott and Margaret Hoogewerf. Credit: WA Today. 02 Richard Hoogewerf with WA Police Force officers after he was found using the Safe & Found WA database. Credit: WA Today.
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23 POLICE NEWS MARCH 2022
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KEVIN McDONALD
FIELD REPORT
Field Officer
Charge offenders who discharge at officers MOST POLICE OFFICERS would agree one of the most disgusting and degrading features of doing the job on the frontline is when a member of the public spits on them. This usually occurs in the circumstances of a physical arrest when offenders are reacting violently and aggressively. Spitting occurs before, during or after an arrest, and even when semi-controlled with handcuffs, offenders often resort to projecting saliva towards officers, sometimes striking them in their mouths, eyes, ears, necks or other exposed areas.
The primary occupational health and safety consideration is whether the offender is carrying an infectious disease at the time of spitting, and it was on this basis the WA Police Union fought long and hard to achieve mandatory testing legislation, which became law in Western Australia in 2014. Whether they have a transmissible disease or not, offenders spitting at officers is regularly accompanied by suggestions or threats they do have such a condition and are deliberately trying to infect coppers by projecting saliva towards them. The next concern is the revolting nature of the offence. Some years ago, a Queensland-based officer reacted to an offender spitting on them by punching the culprit in their face. Commenting to media about the incident, Ian Leavers APM, President of the Queensland Police Union, said the officer’s retaliation was an instant reaction, one he’d done himself when he’d been spat on in the line of duty. Officers aren’t punching bags, and they certainly aren’t spittoons.
Spitting in the face of an officer, unless it carries with it a transmissible disease, falls outside the strict definition of what constitutes a prescribed circumstance, and therefore, doesn’t apply when sentencing offenders.
Mandatory sentencing for police assaults (prescribed circumstances) was another piece of legislation we fought long and hard to achieve after putting up with years of soft sentencing by the courts. To what extent the deterrent effect of assaults in prescribed circumstances legislation has had is arguable, but our in-house research shows a decline in attacks since the legislation came in. Still, there’s a concerning regularity of spitting assault offences committed against frontline police and auxiliary officers working in detention. In the two years leading to May 2021, there were 146 officers spat upon at an average rate of 6.1 a month. That’s almost three a fortnight. Spitting in the face of an officer, unless it carries with it a transmissible disease, falls outside the strict definition of what constitutes a prescribed circumstance, and therefore, doesn’t apply when sentencing offenders. Spitting in the face of an officer is highly unlikely to attract a custodial sentence, particularly when left to an unsympathetic judiciary. It was a weak sentencing regime that gave rise to mandatory sentencing, so it’s difficult to imagine a magistrate taking strong action for an offender spitting in the face of an officer. Also, it’s worth noting magistrates got their collective, metaphorical noses out of joint when mandatory sentencing first appeared.
Due to the rapidity and inherent danger associated with the spread of COVID-19, in recent months, the Commissioner of Police forced unvaccinated officers to wear face masks throughout their shifts. The CoP’s directive was purpor tedly implemented to protect the WA community despite there being little or no community spread of the virus. Meanwhile, potentially infected offenders were free to continue spitting in the face of officers with no greater punishment apparent. If COVID-19 were to commence spreading in the community of WA, it’d be impossible to prove beyond a reasonable doubt that a spit by an offender in the face of an officer was the cause of a subsequent infection or the cause of infection spread to potentially countless others. What wouldn’t be impossible to prove is the act of spitting. I’d argue there was a strong case for spitting’s inclusion in the prescribed circumstances provision before COVID-19, but now, in the age of the Omicron variant of the virus, there’s a sharp increase in the need to deter offenders and protect frontline officers from this disgusting act. The best way to do this is to legislate spitting at police as an Assault Public Officer offence in prescribed circumstances.
25 POLICE NEWS MARCH 2022
Sergeant Jesse tops the bill
01 02
The WA outback town of Warmun is small – the 2016 Census recorded its population at 366 people – but the changes one of our members has implemented there are big and earned him recognition as the 2021 Nine News WA Police Excellence Awards individual category winner.
S 03 04
01 Some of Warmum’s local children. 02 Sergeant Jesse Bill with a Warmum local. 03 Sergeant Jesse Bill was praised for building rapport in the community. 04 Jesse with his Police Officer of the Year award.
26 POLICE NEWS MARCH 2022
ergeant Jesse Bill, who’s been policing in the remote community for two years, was recently acknowledged for his service and dedication to enhancing rapport between the WA Police Force and local residents. A WA Police Force officer for a quarter of a century, Sgt Bill is no stranger to regional policing, having served in the Goldfields, Pilbara and Kimberley areas, as well as several metropolitan districts and detective offices. Sgt Bill and the station’s officer in charge, Brevet Senior Sergeant Phil Cartledge, operate the Warmun Multi-Functional Police Facility (MFPF), which is located 3,000 kilometres northeast of Perth. The MFPF covers not only Warmun but also many smaller communities, including Bow River, Crocodile Hole, Doon Doon, Frog Hollow, Glen Hill and Wuggabun. Also housed at the MFPF is a child protection and family support officer with whom Sgt Bill and Brevet Snr Sgt Cartledge work closely. Both of our Warmun-based members are available 24 hours a day, seven days a week, 365 days a year. Like all officers working in remote communities, theirs are tough gigs, but gigs that are rewarding. Sgt Bill told Police News that Warmun had a great support network, from the local and surrounding schoolteachers to the Aboriginal Elders, which helped alleviate some of the pressure on him and his colleagues. His first impressions of the town were what sparked ideas of how he could build bridges with community members and make a positive impact.
“Almost immediately after arriving in Warmun, I recognised many residents didn’t have meaningful employment, which led to financial strain, boredom and the associated policing issues,” said Sgt Bill. Through speaking with several Elders, Sgt Bill discovered many residents couldn’t get a job because they didn’t hold a driver licence. “Many residents struggled with the basics, things we take for granted, like reading and writing, and were unable to provide sufficient identity documents to commence the licensing process,” said Sgt Bill. “This was something I identified we could overcome if we worked together, so us police officers in Warmun built trust in the community and showed its residents what they could achieve when they believed in themselves. “As an agent for the Department of Transport, I simplified the process for our local people. I remember the first person who came into the police station to take his driver licence test; he passed and then told everyone in the community. From there it snowballed. Now many residents have obtained not only driver licences but also full-time jobs.” Sgt Bill said effective communication was essential in his role. “It’s the key. You must build trust and rapport with everyone, not only the community but also agencies, so everyone’s on the same page and working towards the same outcome,” said Sgt Bill. “You have to be welcome on country, so you can live and work safely in the community. Take an interest in the local culture, history and beliefs. Show respect. Be honest. Encourage all to do better. Be firm but always fair. “As a police officer working in a community, you’re a role model.” Sgt Bill told Police News gaining acceptance in the community was the biggest challenge he faced on arriving in Warmun two years ago. “You’re the new police officer in town. The locals had finally got to know the previous officer, and then they transferred out to another posting. You have to continue their great work while policing in your own way and obtaining acceptance from the community,” said Sgt Bill. “It doesn’t happen overnight. It takes time to gain trust. I guess I’m a little fortunate because my wife, Mel, is Aboriginal and knew the challenges. “Mel and I have formed wonderful relationships in Warmun. We’re the godparents of a local girl, something of which we feel extremely proud.”
Sgt Bill said the 2021 Nine News WA Police Excellence Awards prize was the greatest individual accomplishment of his policing career. “This honour is the biggest thing that’s happened to me in the job so far and something that’s really out of my comfort zone,” said Sgt Bill. “I’ve had some tremendous support from many colleagues, friends, relatives and members of the wider public, not only while working in Warmun but also throughout my 25-year policing career. Without that tremendous support, I don’t think I would’ve received this award.” Sgt Bill told Police News the nomination came as a shock, but he appreciated the recognition for him and the other individual category finalists, Sergeant Andy Galbraith and Senior Constable Nathan Smith. “I was really surprised at being nominated in the first place. Like most police officers, I go to work because I enjoy what I do, and I want to make a difference. I don’t go to work to win awards,” said Sgt Bill. “I was somewhat embarrassed when I was announced as the award winner because I know and I’ve worked alongside the other finalists, and I know what terrific work they do in their respective communities.” Sgt Bill has a simple, succinct message for men and women of all ages who aspire to become officers in the WA Police Force: go for it. “It’s a job that’s challenging at times but also rewarding. There’s never a dull moment. You don’t know what each day is going to bring. You get to work in some amazing places throughout WA, meet all kinds of wonderful people and make lifelong friendships along the way,” said Sgt Bill. Recently promoted to the rank of sergeant, Sgt Bill is leaving Warmun to become the Community and Youth Engagement Coordinator in Midland. Northampton Police Station pipped Fitzroy Crossing Police Station and the Armadale Multi-Agency Investigation and Support Team’s Child Abuse Squad to the 2021 Nine News WA Police Excellence Awards team prize. The 2021 Nine News WA Police Excellence Awards judges honoured the Northampton Police Station team for their cohesive work in keeping local residents safe in challenging circumstances. When Severe Tropical Cyclone Seroja made landfall in April, officers immediately sprang into action, establishing a command post at Northampton Police Station to ensure the community understood the threat. Together, they built a culture of support, safety and security during a time of disaster.
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27 POLICE NEWS MARCH 2022
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The SHTUM framework LAYPERSONS HAVE DESCRIBED lawyers advising police officers as using a model called the SHTUM. This article borrows that colloquialism to explain what’s actually happening in practice and law.
When you need to use it: take your time, assess your situation, seek expert advice, listen to your gut, and then back yourself and your decision.
The SHTUM is a judgemental decision-making framework that guides a police officer when they respond to an investigation into a cr itic al incident that involve s themselves as a subject officer. It involves continuous assessments and reassessments and maintains the police officer’s interests as the primary responsibility. The environments in which police officers operate mean they must use a variety of tactical, forceful and other lawful powers. Responding to an investigation into the use of those powers requires close consideration of the situation to determine the best course of action, and a police officer must be prepared to escalate or deescalate their response as the circumstance dictates. The framework of the SHTUM comprises: • INFORMATION AND INTELLIGENCE. Based on existing information, what do you know about the incident under investigation? What do you know about the complainant and other involved persons? • SITUATIONAL APPRECIATION. How much media and political attention did the incident receive? What do you know about the investigation – for example, which WA Police Force unit or external agency is the lead investigator? Is the incident likely to interest other agencies? What is the priority level of the investigation? Realistically, are criminal charges likely?
THESHTUM SHTUM FRAMEWORK THE FRAMEWORK
Information and intelligence
Situational appreciation
Action(s) and outcomes(s)
Members’ interests
Right to silence
Tactical legal options
Legal obligations
Voluntary assistance
• LEGAL OBLIGATIONS. Is it a criminal investigation or a civil investigation? Do you have a legal obligation to assist? If you’re unsure, ask the investigator. If you have a legal obligation, what’s the extent of it? • TACTICAL LEGAL OPTIONS. Selecting the appropriate legal option requires an appreciation of all options realistically available to the police officer. Without intending to limit consideration of other tactical legal options that might be available to a police officer in a particular case, commonly available options include: • Right to silence. Usually, a police officer has the right to silence during a criminal investigation, subject to
Caveats
•
Tactical disengagement (resignation)
extremely limited statutory exceptions. For this article, this right encompasses the privilege against self-incrimination, although, at law, they’re technically slightly different. Caveats. If a police officer must respond, is there a WA Police Union-recommended caveat they should use? At the very least, subject officers should use caveats at the start of interviews and reports compelled in disciplinary investigations under the Police Force Regulations 1979 and coronial investigations under the Coroners Act 1996. There’s a library of caveats on WAPU’s website. Continued on page 33 29 POLICE NEWS MARCH 2022
NIGEL EDGAR
HEALTH
Protective services officer
Getting back on track I’M FORTUNATE TO HAVE THE most amazing conversations every day. As a protective services officer working on Melbourne’s rail network, I see my job as a positive community role, not one of enforcement. Unfortunately, my health issues have impacted my ability to serve.
It was in 2016 I first realised I had arthritis. It started as a hip issue for which I had an operation. I returned to work, assuming everything was okay, but my health began to deteriorate. This led me on a journey of countless appointments with osteopaths, physiotherapists and all sorts of specialists trying to work out what was going on. Police Health covered all these extras, which was a godsend. A neurosurgeon informed me it was a lower back, lumbosacral issue. I underwent a spinal fusion and disc replacement. I was told surgery would fix my problem, and I’d be back on railway platforms within two months. The pain didn’t stop, but I was patient because fusing my spine was a major procedure.
To anyone going through health troubles, question everything. Don’t take a specialist’s word as gospel. Always seek a second opinion because I didn’t. Most importantly, make sure you have private health insurance.
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I dedicated more than three years of time, effort and finances to strength-based physiotherapy. Being a Police Health member, I got to select this expensive treatment that was completely covere d. Unfortunately, after much distress, I was told my pain was an unintended consequence of my first operation. I was diagnosed with fur ther nerve impingements – an issue that should’ve been rectified with my initial surgery. Right now, I’m facing another operation, which is extremely frustrating given all I’ve been through. I’m disillusioned with the medical establishment, but Police Health has been my saving grace. I couldn’t be more complimentary about Police Health. Its prices are so reasonable given what you get. My major surgery was fully funded, with only a $500 out-of-pocket cost. That’s incredible value. Because I’ve used up my long service leave and most of my sick pay, knowing Police Health is supporting me financially is a blessing. Since joining Police Health in 2016, I’ve received more than $76,000 in benefits. There aren’t many careers that make you feel par t of a larger community, give you lifelong friends and advocate for your well-being. The force, and Police Health, are rarities.
Maintaining good health allows me to do my job. While I wait for my next operation, I’ve worked as part of the response at the quarantine hotels and done administration work at a suburban station. I can’t wait to be back on railway platforms, back in the community. People are the reason I was drawn to the force in the first place. But I need my health back. After enjoying a life full of fitness and adventure, it ’s non-negotiable. Police Health will help me reach my peak again. To anyone going through health troubles, question everything. Don’t take a specialist’s word as gospel. Always seek a second opinion because I didn’t. Most importantly, make sure you have private health insurance. Police Health set my podium so high I could never go anywhere else.
To join more than 65,000 members of Australia’s police community already enjoying peace of mind from Police Health’s gold-tier insurance, call 1800 603 603 or visit policehealth.com.au.
MOTORING
“
My son now has a car through Fleet Network, and I have also referred a couple of friends too. I wouldn’t be prepared to do that if I didn’t trust you. Assistant Commissioner Regional WA Darryl Gaunt, WA Police
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NEW MEMBERS
NEW YEAR, NEW CAREER FOR NEW CONSTABLES More than 100 new constables graduated from the WA Police Academy in January and February, starting the new year in a new career. The WA Police Force officially welcomed the White, Red, Gold and Blue squad recruits into its ranks after they'd successfully completed 28 weeks of intensive training at the WA Police Academy in Joondalup. We wish the new constables well as they embark on their policing journeys, and we acknowledge the stellar career of retiring Acting Superintendent Paul Newman APM, who received the Commissioner’s Medal for Excellence during February’s formalities.
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LEGAL
Continued from page 29
Voluntary assistance. Like the STOM’s lethal-use-offorce option, this is a course of action police officers should take sparingly. However, in exceptional cases, it’s justifiable. For example, is there an iron-clad corroborated alibi? Warning: voluntary assistance is often less effective than you predict it’ll be, and its failure rate is high. • Tactical disengagement (resignation). Similarly, this is a course of action police officers should take sparingly. However, considering some of the legal obligations referenced above cease upon the expiration of holding office under the Police Act 1892, there are very occasional instances in which tactical disengagement might be the best overall option for a police officer’s interests. • ACTION(S) AND OUTCOME(S). What was the outcome of your tactical legal option? Does the outcome or a change in circumstances warrant a different tactical legal option? The SHTUM is a situational risk-based framework, and ultimately, police officers will be accountable for their assessment of the appropriate tactical legal option. When you need to use it: take your time, assess your situation, seek expert advice, listen to your gut, and then back yourself and your decision. •
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RETIREMENTS & RESIGNATIONS
VALE
RETIRING MEMBERS
RESIGNING MEMBERS
5141 David HERRINGTON 5172 Paul NEWMAN 5821 Keith ABBOTT 5856 Steven BRADLEY 6871 David SAYER 6990 Michael VAN BOHEEMEN 6995 Susan YOUNG 7393 Graham MACKENZIE 7526 Anthony SMITH 8059 Clayton FRENCH 8282 Adrian CALLAGHAN 8741 Andrew STEVENS 9632 Guy FRANCISCO 10233 Gary DONALDSON 12440 Ernest CAPEWELL 15679 Peter SMITH
7361 Pryce SCANLAN 7564 Kellie PROPERJOHN 10230 David EGAN 10233 Gary DONALDSON 11245 Michelle LEWIS 11363 Renee CUTLER 11561 Matthew GOADBY 11889 Debra HUTCHINSON 12127 Brendan MAGUIRE 12172 Michael MARTIN 12194 Sharon HOLDEN 12338 Louis FAUBERT 12720 Michael DANKS 12821 Jared RIDLEY 12832 Edward GEE 12966 Vicki EASTMAN 13180 Rebecca REID 13233 Kym COUCH 13294 Lisa BAKER 13329 Leith SHAND 13641 Malcolm WORSLEY 13666 Aaron COCKS 13687 Darren GILL 13953 Lay Hwa NG 14000 David GIBBS 14058 Nicholas GRAYER 14121 Llara WARNER 14438 Nathan PRENDERGAST 14499 Stuart WAIN 14512 Matthew JONES 14616 Jordan McDONALD 14822 John WINTER 15018 Ralph KNIGHT 15168 Daniel DONE
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15330 15423 15429 15437 15500 15506 15575 15648 15680 15702 15740 15817 15907 16008 16029 16229 16712 16819 16925 17084 17113 17129 17389 17399 17406 17606 17650 17741 17803 17810 17813 17841 53474 53846
Pawel KUTERBA Jemma CLARKE Mitchum HANDS Stephanie GARBETT Helen TAYLOR Kathleen WHITFIELD Michael RICHER Jeremy FORSTER Richard SMITH Christopher PICARD Marissa SMOLOWITZ Nicholas HOWE Paul DAVEY Ian ROBERTSON Adam RUSH Stuart McNEICE Jake KING Lynley HILL Brent JASPER Elizabeth WIMBUSH Peter JONES Aaron SEXTON Todd MORAN Dion MUSCARA Maurice WALSH Tamara LYNN Gordon DUUS Isaac OTTLEY Steven POWELL Markus GEORGIUS Shih-Chin CHIU Bronte ENTWISLE Kaedisha WESTBERG Shannon McDERMOTT
SERVING 10332 KARA SUE GRAHAM Senior Constable Aged 52 16/1/2022 RETIRED 8917 ANDREW JOHN PHILLIPS Senior Constable Aged 64 20/12/2021 4661 ANTHONY GORDON RICHARDS First Class Sergeant Aged 82 16/12/2021 4416 LINDSAY JAMES CURTIS First Class Sergeant Aged 71 6/12/2021 2185 ROY ROBERT GUEST Assistant Commissioner Aged 95 3/12/2021
WA
POLICE UNION
EMERGENCY 24/7 DIRECTOR
PAUL GALE
0438 080 930 WA
POLICE UNION
639 Murray Street, West Perth WA 6005 P (08) 9321 2155 E admin@wapu.org.au www.wapu.org.au
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