WAPU Police News September 2020

SEPTEMBER 2020

Officers’ recognised for cliff rescue

Two police officers have been recognised for their bravery earlier this year at the Police Commissioner Bravery Awards.

Digital Policing: Then and Now

Since his graduation in 1982, Lance Martin has seen his fair share of change.

Dangerous driving

Police pursuits: when to terminate?

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SEPT 2020

POLICE NEWS THE MAGAZINE FOR THE WA POLICE UNION

CONTENTS

10

Officers’ recognised for cliff rescue

Two police officers have been recognised for their bravery at the Police Commissioner Bravery Awards.

14

Digital Policing: Then and Now Since his graduation in 1982, Superintendent Lance Martin has seen his fair share of change within the WA Police Force. So how has policing changed digitally over the decades?

18

Dangerous driving Police pursuits: when to terminate?

One of the most dangerous things a police officer can do is to engage in intercept driving.

4 POLICE NEWS SEPTEMBER 2020

22

Peruvian trip cut short COVID-19 sent the world into chaos.

It changed people’s plans and forced others to make difficult choices.

First Class Constable Tim Jones and his wife Shendelle were two of those people.

26

Off duty police save a life “I’m lucky to be alive. If it was any other night, I wouldn’t be here.” These are the words of Dane Pepper, a 27-year-old who unexpectedly suffered a heart attack and whose life was saved by four off duty police officers.

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In loving memory of Paul Kosovich A kind man, loving husband, devoted father and dedicated police officer. When Inspector Paul Kosovich 6657 passed away in December 2019 after his battle with cancer, his loss was felt by many across the State.

06 WAPU DIRECTORS AND STAFF 08 PRESIDENT’S REPORT 28 INDUSTRIAL REPORT 33 LEGAL 34 HEALTH 35 MOTORING 36 NEW MEMBERS – SUPER GRADUATION 38 RETIREMENTS, RESIGNATIONS AND VALE 39 FROM THE ARCHIVES

WA

POLICE UNION

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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.

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COVER Constable Luke Briggs at Stratham Rock Quarry where the rescue took place.

Photo: Jody D'Arcy.

ABOVE Senior Vice President Mick Kelly, Jan Kosovich and President Harry Arnott.

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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

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ALICIA CURCHIN Director 0417 911 502

JASON GENTILI Director 0437 417 467

MICK GILL Director 0427 097 000

JON GROVES Director 0438 080 868

Staff

PAUL HUNT Secretary

CHRIS VITLER Finance Manager

6 POLICE NEWS SEPTEMBER 2020

STEVEN GLOVER External Media Communications Manager

JESSICA ELPHICK JESSICA CUTHBERT Media Officer Media Officer

KATRINA MASON KATRINA TAYLOR Industrial Industrial Officer Officer

MATTHEW PAYNE Research Officer

BOARD OF DIRECTORS & STAFF

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DEAN GIACOMINI Field Officer

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CARL STEWART Field Officer

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BRAD SINCLAIR Finance 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 Peter Jarvis

(Vice President) 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 Thomas Louden

(Vice President) Central West Coast Brett Cassidy Commissioned Greg Knott Officers East Kimberley Stuart Lapsley Eastern Goldfields Peter Henry Eastern Wheatbelt Ben Reid

(Vice President) 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 Max Walker 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 Aaron Honey South West Matt Fogarty Hinterland Southern ROG Mark Crossley State Intelligence David Taylor State Traffic Kim Greenwood Operations Traffic Enforcement Chris Patten Group North Traffic Enforcement Steve Kent Group South Upper Great Dorry Grzinic Southern WAPU Now Kareene Santoro Water Police Adam McGregor West Kimberley Michael Sedgman West Pilbara Neil Vanderplank

7

POLICE NEWS SEPTEMBER 2020

HARRY ARNOTT President

Does the WA Police Force actually Care?

YOU WILL HEAR THE COMMISSIONER OF POLICE Chris Dawson often refer to the values of the WA Police Force – Duty, Teamwork, Integrity and Care.

Admirable values but at times we do genuinely ask the question: Does the WA Police Force actually care about its people?

I would suggest that certain actions and attitudes over the past 12 months clearly shows care is not something certain aspects of the agency consider when dealing with our Members.

The WA Police Force without a question of a doubt treat its people differently to Joe public, they view them through a much harsher lens.

A struggle we face is trying to shift or change this culture of eating our own. At times, it is frustrating when you are having the same conversation about looking after our people and showing some care, time and time again.

If the Commissioner of Police is serious about showing care to his people then he needs to get that message through to all officers of all ranks and locations because at the moment certain areas and individuals of the WA Police Force just don’t get it.

This lack of care is also highlighted by the number of high profile, serious legal cases which will be defended over the coming year. We will be standing behind these Members 100 per cent all the way and ensure they have the best possible legal representation to fight these charges.

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We have seen our Members arbitrarily charged with offences which could have been handled managerially through the section 23 process. Conversely, there seems to be an over reliance on the 23 process. Matters which could be dealt with by other means are referred to this process. As a result our Members receive severe penalties for relatively minor matters.

We have supported Members in the court system, they have been found not guilty, yet the WA Police Force still wants to go hard at them managerially. In some instances this has forced some very good people out of the police force. It pains me to see good, hard working coppers leave because they become disillusioned with the WA Police Force because of the treatment they receive while being investigated internally.

The timeframes for these investigations drag on and on and this places added stress on our Members. The long, drawn out process of an internal file has also seen some Members hand in their badge. It is the process and the lack of care that hurts our people.

This lack of care is also highlighted by the number of high profile, serious legal cases which will be defended over the coming year. We will be standing behind these Members 100 per cent all the way and ensure they have the best possible legal representation to fight these charges.

It is because of these serious cases, plus the track record of our Members being arbitrarily charged, which saw the Union create a dedicated Legal Fighting Fund.

We have seen in other jurisdictions that big, high profile legal cases can be a significant drain on resources so we have taken the opportunity to secure our financial future by establishing this fund.

Over the past 12 months, we have made a number of strategic financial decisions to reduce operating costs and this year will return a surplus in excess of $1 million. We have established a Legal Fighting Fund of $2 million – an insurance to protect you in the future.

PRESIDENT'S REPORT

SHUFFLING THE DECKCHAIRS A RECIPE FOR DISASTER The lack of police numbers in this State has become a major topic of discussion.

The pandemic and the recent spate of violence in Northbridge has highlighted just how short staffed we are, particularly on the frontline.

Perth Police Centre are 200 officers short and on any given Friday or Saturday night there could be as little as 20 to 25 police officers to police 300,000 people across the Perth District.

Add into the mix the 400 officers who have been seconded from around the metropolitan region to manage the State’s COVID-19 response and it is only a matter of time before someone is seriously injured or worse.

The Commissioner is stuck between a rock and a hard place. He needs to take officers off the frontline to manage the pandemic, then he also needs to call in reinforcements to deal with the atrocious behaviour in Northbridge but he needs more police numbers to do this effectively.

We will continue to press the State Government and the Minister for Police to increase police numbers immediately.

The Premier and Minister must be applauded for the additional 150 officers provided during COVID-19 but we need them to top that up and we look forward to a commitment in the State Budget.

Perth Police Centre are 200 officers short and on any given Friday or Saturday night there could be as little as 20 to 25 police officers to police 300,000 people across the Perth District.

POLICE SPECIFIC COMPENSATION SCHEME

Police officers need and deserve a Police-specific Compensation Scheme which provides them a separation payment to cover loss of future earnings and retraining or redeployment within the public sector. We don’t think that is a big ask and it won’t break the bank.

On our travels around the State to visit police stations and Branch meetings, we continually get asked: where is our Police-specific Compensation Scheme?

Back in August 2017, we provided the Minister for Police with our preferred option and we are yet to see the Government’s product.

The Minister briefed the Board of Directors last month and she was hopeful of an offer being presented to the Board before our Annual Conference in November.

Successive State Governments have failed to deliver this scheme and believe it is okay to send police officers off to work each day without the appropriate coverage.

They have underestimated how difficult and dangerous policing is.

The McGowan Government have recognised some of the challenges faced by police officers and provided our officers with stab proof, ballistic vests, body worn cameras and mobile devices. During the pandemic, the State Government recognised police officers would be at greater risk and provided tougher penalties for those who assault police officers or threaten them with COVID-19.

The McGowan Government has recognised the unique dangers facing police officers and that the job has become more dangerous than ever.

Police officers need and deserve a Police-specific Compensation Scheme which provides them a separation payment to cover loss of future earnings and retraining or redeployment within the public sector. We don’t think that is a big ask and it won’t break the bank.

The WA Police Union is ready and willing to sit down with the State Government and finalise this matter in the coming months to provide the appropriate protection for the men and women that keep us all safe.

9

Officers’ recogni for cliff rescue

BY JESSICA CUTHBERT

10 POLICE NEWS SEPTEMBER 2020

01 Constable Luke Briggs at Stratham Rock Quarry.

ised Two police officers have been recognised for their bravery earlier this year at the Police Commissioner Bravery Awards.

01

Senior Constable Dave Hodge and Constable Luke Briggs were nominated for the WA Police Cross for Bravery as well as the Australian Honour Bravery Medal.

Dave and Luke were presented their awards in March along with 39 other police officers recognised for their courage.

In June 2019, they were called to a landSAR (land search and rescue) for a missing 14-year-old girl who was known to police.

The girl suffered from mental health illnesses and frequently ran away to dangerous areas.

“She’s a bit of an absconder and when she runs off, we go out to find her and bring her home,” Dave told Police News.

“The job started out as a bit of a land search as we looked in the areas we thought she might be. In past instances, she has gone towards bushland, when she has run away, and has done things like jump on train lines.”

Dave also remembers talking with the girl’s parents to establish any other locations she may be, or if she had written anything in her diary to give them clues to her whereabouts.

“When Luke and I were coming back from looking around Lesmurdie Falls, we thought we would check out the nearby Stratham Rock Quarry,” he said.

“The gate was locked but we started to walk in and look around.

First we checked around the bottom of the rocks to make sure she hadn’t jumped or fallen and then we started hiking up towards to the top.

“We’ve walked up the trail to the top of the cliff face and that’s when we saw her, up the very top of the cliff, right on the edge.”

Dave said he remembers the very real threat that she could easily fall from the cliff given how close she was to the edge.

“It was then a case of us talking to her with no sudden movements as she was dangerously close to the edge,” he said.

“Every time we edged closer she would take a step back, even closer to the edge. If she fell, she would have been dead. She was in bare feet on a rock that has hanging over the cliff face.” ▷

11

POLICE NEWS SEPTEMBER 2020

02

“Eventually I got close enough to a spot on the rock where I just grabbed her and as I did, even though she probably only weighed 40kg, if I had lost my balance I would have gone off the edge with her.”

Dave said around the time of the incident, Perth was experiencing strong storms and wet weather.

He remembered being mindful she was barefoot, standing on a slippery rock, as the rain rolled in.

“One slip and she could have fallen to her death,” he said.

Dave told Police News that at this point they had called in for TRG and negotiators to come to the scene as well as St John Ambulance.

“Other officers were now at the bottom of the cliff in case she was to fall,” he said.

“We jumped on the radio and told them we had found her and were talking with her to keep her calm. Every time I spoke with her I would try and edge forward but she would keep edging back, putting herself more and more in danger.

“I looked past her and saw where she was trying to climb to and she was running out of rock.”

Dave said while she was known to police and battled mental health illness, he believed she did not have the intention of jumping.

“She likes the bush and she likes the peace and quiet. She wasn’t saying she was going to jump but she was so close and could have easily slipped and fell,” he said.

“Eventually I got close enough to a spot on the rock where I just grabbed her and as I did, even though she probably only weighed 40kg, if I had lost my balance I would have gone off the edge with her.

“I sort of lifted her up and Luke helped me get her away from the edge. When I grabbed her, I made sure to lean back at the same time, to prevent both of us going over. Essentially I was trying to juggle both of our lives.”

He said when they were walking the girl down the trail she was resisting, swinging her hands around and trying to make a grab at the officers’ taser and firearms.

“The walk down was quite steep and she was kicking out at our legs and trying to trip us over. It was hard terrain to deal with that, but at least she was away from the edge,” he said.

“She really was out of her mind. It was sad to witness as she is so young.”

12 POLICE NEWS SEPTEMBER 2020

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Dave said it was a job that he had never experienced before.

“It’s one of those things, we did what we could and we did our job and then it was all over and time to help someone else,” he said.

“Every day we deal and face people who do harm to others and themselves but this job was different especially being on a cliff with someone, knowing at any moment she could have fallen or I could have fallen.”

Dave said he was shocked when he found out about the nomination for the bravery award.

“I was very surprised. When you think of bravery awards you think of people like the officer who got his head split open with a samurai sword and officers who perform amazing acts of bravery,” he said.

“You don’t think of what we did. To me, I was just doing my job. We handled it, got her down safely and then went to the next job.”

Dave said he was pleased when Senior Constable Andrew Swift, the officer who was attacked by a samurai sword, received a standing ovation at the ceremony.

“The ceremony and getting my award was a really proud moment and a massive accomplishment in my career. It is a very high award and I was not expecting that at all so I’m very happy and my family were very proud.”

Constable Luke Briggs, who had only been in the job for two years at the time of the incident, said he remembers the moment he first sighted the girl on the edge of the cliff.

“I remember talking to her and attempting to build a rapport with her, however she was reluctant to speak with us,” he said.

“I was very surprised. When you think of bravery awards you think of people like the officer who got his head split open with a samurai sword and officers who perform amazing acts of bravery.”

“I remember her attempts to move further away from us by moving behind a rock toward some bush however she was putting herself at greater risk of falling, there was very little room between the rock and the edge.

“That’s when I saw Dave move toward her.”

Luke said while he has attended to a number of welfare checks and missing person jobs, this particular day highlighted the important and dangerous role police officers undertake each day.

“It highlights the fact that this job can take you anywhere and put you in unpredictable circumstances," he said.

“I knew that if she fell that she would have died, no one could survive a fall from that height.”

He said the recognition of the WA Police Cross for Bravery was a proud accomplishment in his career.

“It’s not every day that you receive an award for doing your job. Officers across WA go to jobs where they put themselves at risk however not everyone gets nominated for an award.”

■

02 Constable Luke Briggs standing in the spot where they found the girl. 03 Police Commissioner Chris Dawson with Dave Hodge. Picture: WA Police Force. 04 Police Commissioner Chris Dawson with Luke Briggs. Picture: WA Police Force.

13 POLICE NEWS SEPTEMBER 2020

Digital Policing: Then and Now

01

BY JESSICA CUTHBERT

“In the very near future, digital policing will be an archaic term because it will just be called policing.”

01 Lance Martin (front) and his team at Digital Policing Division. 02 Officers demonstrating new projects regarding Bail Reporting.

03 Officers showing the BWC signal sensor attached to the holster. 04 A look at the new app NearMe4Cops.

14 POLICE NEWS SEPTEMBER 2020

Since his graduation in 1982, Superintendent Lance Martin has seen his fair share of change within the WA Police Force.

In a career spanning almost 40 years, he is most enthusiastic about the work he and the team at the Digital Policing Division have done in the past 12 months.

From rolling out mobile phones to every police officer to issuing Body Worn Cameras (BWC), the team of 20 police officers and unsworn staff are changing the way of policing in the 21st century.

The Digital Policing Division is providing a platform for the agency to reshape the way it delivers police services into the future, whilst increasing officer productivity.

For Lance, the outstanding accomplishments have come down to the hard working team.

“If we look at the success of this division and what we have achieved, it comes down to the team. Each officer here has taken personal accountability to drive out the goals and outcomes,” he said.

Early into his career, Lance was always drawn to the communications and technical side of policing.

In May 1999, the State Government announced it would fund significant improvements to information technology systems within the WA Police Force. This included the

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Call Taking Computer Aided Dispatch and Communications (CADCOM) services which would link police and emergency services.

In 2000, Lance was asked to be a part of the project.

After CADCOM, the Tasking and Dispatch Information System (TADIS) was introduced in police vehicles in 2007. Frontline officers on patrol now had access to an unprecedented range of information at their fingertips. This led to an improvement in patrol time per vehicle, meaning more officers were available more often to respond to incidents in the community.

Lance said this was the first big win for police officers, introducing capability in the vehicles, so officers could conduct data enquiries out on the road.

“If I was to say what the beginning of modern policing was, it would be when we started to provide technology to where the officers are out on the job rather than having a limited capability at the stations,” he said.

In July 2019, Lance and his team were directed to deliver a three and a half year Police Mobility program as quickly as possible, to get the capability in the hands of frontline officers.

“They said to me, you’ve got six months to deliver it.

That was an exciting challenge,” he said.

“The team here are exceptional and it has been wonderful having frontline officers being a central part of the program working closely with technical experts to deliver innovative

solutions. That was a major change to how we previously worked and this team rose to the challenge and delivered.

“In six months, we had to come up with designs, security and management and procurement contracts for the project,” he said.

The rollout of the phones was the largest rollout in the shortest time period that Telstra has ever done.

“One of our officers here had to work out how to schedule the rollout into the world’s largest policing jurisdiction in just two months,” Lance said.

In two months, 4000 phones were delivered to officers, fully equipped with functional apps including OneForce Locate, CAD, the WA Police Union app and Axon Capture.

“What we have achieved here is a standout memory for me. I will remember looking out from my office towards Theresa and not being able to see her behind a wall of boxes of iPhone 11s,” Lance laughed.

The officer behind the wall of boxed up iPhones, Senior Constable Theresa Wilson said the past year had been a whirlwind.

“I’m on the last of 6,657 mobile phones just now. When I first came into Digital Policing, there is no way I ever thought we would be where we are today. Having done this in such a short period of time is such an accomplishment,” she said.

“These phones reduce the workload, make it quicker to conduct search enquires and focus on safety for our officers.” ▷

“The team here are exceptional and it has been wonderful having frontline officers being a central part of the program working closely with technical experts to deliver innovative solutions.”

15 POLICE NEWS SEPTEMBER 2020

From the get go, the OneForce phone proved to be a beneficial tool.

In December, just days after receiving his phone, a Canine Handler found himself in a situation where his location was needed quickly.

In dense bushland outside of Broome, the handler and other officers were conducting a search for a stolen motor vehicle which had been dumped at a roadhouse.

The officers involved had their work phones set up ready to go with their location details, via the app OneForce Locate.

Throughout the search, the handler had requested that his location was monitored.

Trekking through thick bush, he soon had no guaranteed sense of direction and no reference points due to the pitchblack darkness.

With no directions needed, he asked nearby officers to attend his location and within minutes he had back up arrive at his location.

Speaking for an article in From the Line, the handler had said the phone and OneForce Locate app provided a sense of security when working in the field with his dog.

In June this year, the Digital Policing team also saw the completion of the Body Worn Camera (BWC) rollout of more than 4,700 cameras and 6,246 Axon Evidence licences.

Not only was the rollout the largest of its kind in the shortest time frame, but it also included substantial technical and infrastructure elements aimed to improve digital evidence capture.

Initially, the project rollout was over a two and half year time frame finishing at the end of 2021.

However, after the occurrence of critical incidents and COVID-19, the rollout of the BWC quickly became an urgent priority and the team cut 18 months from the project delivering BWC across the State in 12 months whilst remaining under the budget.

The BWC project also implemented a signal sensor that attaches to an officer’s holster so that when the glock is drawn it automatically activates the camera and it will activate every officer’s camera within a certain radius.

In terms of officer safety, this means that crucial footage and evidence is captured from all angles which in response can help with issues of transparency and accountability.

The BWC internally records on a loop and once the device is double tapped it starts visually recording and saving footage. It also has the ability to back capture the previous 30 seconds of footage in the event of a critical incident.

Lance said the $20 million BWC project has been a significant addition to the agency.

16 POLICE NEWS SEPTEMBER 2020

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“The whole process after the first inquiry about a job or person could take almost half an hour.”

Old Policing Systems So how far has technology come within the WA Police Force? According to Lance, staggeringly.

“The amount of change that has occurred in the past 12 months has been unprecedented for the agency in regards to the technology, it has never been like this,” he said.

“When I joined the job, it was exciting as the WA Police Force had just rolled out these big green screen visual display units that were able to do very basic searches and it was one per police station,” he said.

Lance explained that the system replaced a very manual process of communication. Before, a police cadet used to be stationed in a records room and when an officer was on the road, they would do a call to VKI who would then fill out a paper card and give to a phone operator.

The phone operator would ring the record room and the cadet would go through the cards and get a summary and talk back to the phone operator who would update the information on the card and relay that information back to the radio operator to communicate to the officers in car.

“The whole process after the first inquiry about a job or person could take almost half an hour,” Lance said.

“So from that to having this big box in the police stations was impressive.

“Out of everyone that reads that in this magazine, there will only be 30 or so of us that will know what you are talking about,” he laughed.

“With how quickly technical and business change is being implemented in the agency, I’m excited for what’s to come.”

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The Future Other officers within the team are currently working on projects including the Digital Video Interviewing System on the OneForce phones using a recording app, Axon Capture.

Police cars are also being installed with new Automatic Vehicle Plate Recognition software and devices.

Lance, who said he has no plans to retire anytime soon, told Police News that his legacy is his team.

“If I had a legacy in the WA Police Force, it’s not technology.

Legacy is about people. The people in this team will lead the agency in the future policing capabilities. With how quickly technical and business change is being implemented in the agency, I’m excited for what’s to come.”

05 An old recording unit.

06 Old police systems. Pic: WA Police Force. 07 Old police radios. Pic: WA Police Force.

08 Detectives with the old Bentley cars and old radios. Pic: WA Police Force.

09 Peter Thomas, Police Communications. Pic: WA Police Force. 10 New projects at Digitial Police Division including new apps for officers.

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17 POLICE NEWS SEPTEMBER 2020

POLICE PURSUITS: WHEN TO TERMINATE?

BY STEVEN GLOVER

18 POLICE NEWS SEPTEMBER 2020

One of the most dangerous things a police officer can do is to engage in intercept driving.

Vehicle Interception is undertaken at the discretion of the driver or by direction from the Police Operation Centre (POC) and/ or Police Operations Centre Communications Controller (POCCC).

This duty will see police officers travel at speed well in excess of the posted limits and officers need to be reminded that the maximum permissible speed allowed during an intercept is 140 km/h.

Police officers need to drive at speed all while taking in their surrounds, monitoring the suspect vehicle and remaining hyperviligent for other road users and obstacles.

In the event the target vehicle fails to stop for police then the incident becomes an Evade Police Incident and the POC and/ or POCCC must be advised immediately.

It is a specialised skill and not every police officer is qualified to undertake these duties.

One officer who was qualified was Senior Constable Michael Gordon. In 2004, Michael joined the WA Police Force, became pursuit qualified in 2007 and since that time has been in the driver’s seat for more than 100 police pursuits.

But it was his last pursuit which has had a major impact on his career.

Michael was sitting at his desk at Gosnells Police Station filling out paperwork in relation to seized vehicle when a call came across the radio.

There was an unqualified driver following a vehicle which had already been involved in an aborted pursuit earlier that evening.

Michael and his partner left the station to assist. They began to pursue the vehicle and numerous times the pursuit was aborted, re-started, aborted and re-started before Michael finally decided to abort it once again.

Ultimately, after Michael aborted the pursuit for the final time, the offender collided with a motorbike rider while driving on the wrong side of Leach Highway.

Motorbike rider Jordan Thorsager died as a result of the crash and the driver Kylee King plead guilty to murdering Jordan in May this year. She is currently serving a life sentence and will need to serve at least 13 years behind bars before she can be considered for release.

Even with the offender serving time in prison for her fatal actions, attention turned to Michael’s actions in the pursuit which came under the microscope of Internal Affairs Unit. He was initially charged with reckless driving before pleading guilty to the lesser charge of dangerous driving, thanks to some work by the WA Police Union Legal Team.

Michael was fined $1,200 plus ordered to pay $1,724 in court costs but the punitive measures did not stop there.

Michael was also sanctioned managerially and faced the Section 23 Defaulter Parade where Deputy Commissioner Gary Dreibergs fined him three per cent of his base salary for 12 months and suspended his pursuit qualifications.

Michael, the experienced pursuit driver with more than 100 pursuits under his belt, now wants other officers to learn from his experience.

“I don’t want this to happen to anyone else, it’s not a nice thing to have to go through. No one should have to go through this,” Michael told Police News.

“I was just trying to do my job, I was just trying to catch an offender. There was no malice behind it, I wasn’t deliberately going out there trying to break the rules, nothing like that.

I was just trying to catch the offender.”

On the night of the incident, Michael said some of the confusion lay because the pursuit was aborted and re-started a number of times.

“They (POC) keep saying keep following, keep calling, we told them what the car was doing and they said: ‘yep, keep calling it, where is it now, we’ve got a stinger up the road, where it is now, where is it now, how fast it is going,’ that sort of thing,” Michael said.

“We were being told to keep following it because there was a stinger up ahead and that was the grey area, they were telling us to do one thing and then internals say you can’t do that because that’s not the policy.

“There wasn’t an exemption, they didn’t say you had an exemption to keep following but they sort of said keep following, keep giving updates and then every inspector seems to have a different rule as to what they will and will not allow.”

Michael said he was not pursuing the vehicle at the time of the fatal accident.

“We turned lights and sirens off and backed right off and we were just monitoring it,” he said.

“I was thinking the vehicle can’t see where we are. I wasn’t trying to pursue the car or anything like that, I was just trying to monitor it. I didn’t want to put lights and sirens on because I didn’t want her to think we were trying to pursue her.”

Michael and his partner came across the offender after the collision with the motorbike. Michael assisted the rider while the ambulance was travelling to the scene while his partner apprehended the offender.

The initial view on the night of the crash was that everything would be fine however that changed in the months that followed.

“I never thought I was going to get charged,” Michael said.

After an internal investigation, Michael was stood aside for five months while his matter proceeded through the court process.

His partner was also sanctioned for her actions in this incident.

WAPU Senior Vice President Mick Kelly said the Union supported Michael right through the process, from the night of the incident, through the courts and finally with the defaulter’s parade. ▷ 19 POLICE NEWS SEPTEMBER 2020

“There is no doubt Michael is a very experienced pursuit driver and every police officer in this State needs to read his story and consider what he has been through because it could easily happen to them.”

“There is no doubt Michael is a very experienced pursuit driver and every police officer in this State needs to read his story and consider what he has been through because it could easily happen to them,” Mr Kelly said.

“Our view is that Michael believed he was doing everything he was told to do. The problem in this instance is the policy is difficult to implement practically.”

Mr Kelly said police officers are not only held to a very high legislative account, they are then also investigated and can face breaches against the police force regulations.

“Over time the pursuit policy has been refined and officers must understand it and are reminded that they can’t rely on it as a statutory defence to dangerous and/or reckless driving.

“The policy is made with the best of intent but the challenge for police officers is to ensure they exercise reasonable care in order to receive the statutory protection provided by regulation 280 of the Road Traffic Code and sections 61A and 61B of the Road Traffic Act. Officers must act substantially within policy to gain these protections.

“In my view, if an officer decides it is too hard to pursue a vehicle because of all the checks and balances then they need to make the tough call and terminate the pursuit.”

Mr Kelly said the Union would continue to support Members involved in on-duty incidents who act in good faith and without malice, which is why WAPU supported Sen. Const. Gordon.

“It is a disappointing outcome for him personally, but credit to him, he has accepted his punishment, moved on and now wants others to learn from his experience.”

Michael said he will be reluctant to pursue vehicles, if he gets his qualifications back.

“The first time I’m in a pursuit, I would definitely be a lot more reserved then I was before,” he said.

“It’s not worth it half the time, it is risk versus reward.

I still get paid at the end of the day regardless of if I catch the offender or don’t catch them.

“It is not worth going through all the stuff I’ve been through for the last two years.”

20 POLICE NEWS SEPTEMBER 2020

Michael’s advice to his fellow police officers is to make sure they are up to date with the policy.

“Read the policy exactly, word for word and make sure you do everything as it says because everyone has CCTV, dash cameras, everything else these days and everything you do is going to be filmed by someone.

“Know exactly what you can and can’t do and don’t try and cross that grey line.”

Michael said sometimes the pursuit is made difficult if there is an inexperienced partner in the passenger’s seat.

“Usually you are working with a really junior person who might have only been in one or zero pursuits before so you are trying to help them call it because they can’t call it very well,” Michael said.

“There is no training in the academy for calling a pursuit so most of them don’t know what they are doing.

“I talk to other pursuit drivers and they have the same issues. Most people have no training at all being the passenger in a car in a pursuit and what they need to do.”

Michael believes the situation could be improved if cars had hands-free installed like the canine vehicles do, enabling the driver to drive and call the pursuit.

“If you could actually call and drive at the same time so you don’t have to worry about telling them what to say for them to relay and then listen to the response at the same time. It would actually be easier to do it all yourself sometimes.”

Mr Kelly said police officers are given some training in relation to radio usage during their recruit training.

“This is further enhanced with scenario-based training during the Priority One and Priority Pursuit courses and as a result of this incident more emphasis has been placed on calling pursuits during recruit training.”

While this experience has changed his view of police pursuits, Michael still believes they are necessary.

“I think pursuits are needed in certain circumstances. For someone who has a fine or a suspended license probably not but for escaped prisoners, armed robbers that is what it is really for.

“But if they are on the wrong side of the road, just turn around, pull the car over, it is not worth the heartache in the end.”

■

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21 POLICE NEWS SEPTEMBER 2020

01 02

Peruvian trip cut short

BY STEVEN GLOVER

COVID-19 sent the world into chaos.

It changed people’s plans and forced others to make difficult choices.

04 03

First Class Constable Tim Jones and his wife Shendelle were two of those people.

01 Playing games with the children. 02 Shendelle and Tim outside the Mary MacKillop Huasi Centre. 03 San Juan, Peru. 04 A child playing with the swing Tim repaired. 05 The Valley in San Juan.

22 POLICE NEWS

05

“I had my 56th birthday on March 14.

We were out and by the time we got home we found out that Peru had gone into lockdown.”

T

he couple were on an experience of a lifetime. They left Perth in January for six months volunteering in San Juan de Lurigancho, Lima, Peru before a three-month trip across the US. Tim and Shendelle organised through the Sisters of St Joseph to volunteer in San Juan and helping out wherever they could, including assisting at the Mary MacKillop Huasi Centre. The centre looks after kids with disabilities such as autism as well as children with physical disabilities.

Shendelle, who is a teacher at Kearnan College in Manjimup, was helping these kids in the classroom while Tim worked improving the facilities at the centre.

“When we got over there, our plan was that I was going to paint the centre and get it all up to scratch and make it nice for the kids,” Tim said.

“They had some playground equipment donated by the Australian Embassy but it needed some repair work to reduce the wobble in it. I straight away got onto that, started fixing it up, tightening up loose nuts and bolts, and making it nice and safe for the kids.

“All the kids were coming in while I was working on it so then you start playing with the kids and interacting with them, throwing balls and helping them to use the monkey bars to build up their strength. They were just screaming with laughter and the kids were absolutely loving every minute of it. It was just something special.”

Two months into their trip and volunteer work, the world changed when COVID-19 began to spread its tentacles.

“I had my 56th birthday on March 14. We were out and by the time we got home we found out that Peru had gone into lockdown,” Tim told Police News.

“We had just over two weeks there in lockdown which was interesting in itself because it was borderline on martial law.

They immediately brought the military in to assist local police.”

Tim said the lockdown in San Juan was an interesting experience, seeing police and military personnel standing at vehicle control points, banks and shopping centres carrying assault rifles.

“The VCPs were controlled by the military in tanks and armoured personnel carriers,” Tim said.

“Under lockdown conditions in Peru, you could go out to the bank, get some shopping, help elderly people out or get medical aid and that was it. If you were caught out on the streets between 7pm and 6am you were arrested and taken to prison with no questions asked.

“Where we were living in San Juan there was four Australians, my wife and I and the two sisters. The rest were Peruvian. It was a very, very poor area and the district was probably about the size of Manjimup but there was over a million people living there.

“Very poor but very happy people and they would bend over backwards to help us out.”

Tim and Shendelle were renting a house off a local family who also lived upstairs.

“We were lucky enough that these people were really nice people and they looked out for us a great deal.

“There was rioting going on in certain places, such as shopping centres as people were trying to stock up on provisions. The police were out the front of the shops trying to keep the order. However, people weren’t happy with what the police were telling them ‘you can’t do this, you can’t do that’ and they were pushing and shoving and it got a little out of hand.

“I went down to the bank one day and made friends with a local copper who had pips on his shoulders and he gave me his card and said: ‘any problems give me a call’. I managed this with my Google translate and what Shendelle termed ‘Tim’s Spanglish.” ▷

23 POLICE NEWS SEPTEMBER 2020

06 The valley in San Juan. 07 A vehicle control point in Peru.

08 Tim and Shendelle at Santiago de Chile Airport prior to their return flight to Sydney. 09 Tim at Bunbury Police Station.

06 07

“… it was the safest time to leave because the medical facilities … aren’t the best in day-to-day life, let alone when it all turns to shit like this.”

08 09

24 POLICE NEWS SEPTEMBER 2020

Tim’s Spanish was limited to ordering food and beers while his wife’s was marginally better but they began using all resources available to work out how to get home.

“We were getting lots of info via Facebook, lots of different Peruvian sites and ex-pats who were living there from the US and England. We were just getting all of that information, we were listening to what the Australian Embassy were saying which was: ‘if you have the opportunity to leave, then leave now it is the safest time.”

After a lot of hard work, the couple secured two seats on a charter flight back to Sydney for $5,160 each.

“It was an economy flight, the food was limited to basically snacks.

For double that and some and you’d get a business class seat which didn’t get you any of the perks, except more leg room. The trip home from where we were living in San Juan to Sydney took us 36 hours.

“In retrospect, it was the safest time to leave because the medical facilities they have over there aren’t the best in day-to-day life, let alone when it all turns to shit like this,” Tim said.

Once they arrived back in Sydney, Tim and Shendelle spent two weeks in quarantine in the Sheraton Hotel.

“If you are going to spend two weeks anywhere, the Sheraton is the place you want to do it,” he said.

“We weren’t even allowed to go out into the hallway. You’d be there and you’d look through the little peephole just have a look outside and that was as close as we got or by looking out through the window.

The Sheraton in Sydney overlooks Hyde Park so you could see people jogging and doing exercise and stuff like that.”

The two weeks in hotel quarantine was an interesting experience as the couple entertained themselves with movies and Netflix as well as making videos mimicking songs. The songs were uploaded to Facebook for their friends to watch but some videos were muted after catching the ire of music executives from Warner Music for breaching copyright.

After two false starts trying to get flights back to Perth, Tim and Shendelle managed to get home on a third flight.

“Even then I was saying to Shendelle ‘until the wheels go up I’m not banking on us leaving.”

From there, the couple spent another two weeks in self-quarantine at Shendelle’s sister’s house in South Guildford. This stay included three visits from police officers to check they were complying with the quarantine requirements.

Having lacked interaction with English speaking people for some time, Tim was more than willing to have a chat. When the officers found out Tim was in the job, they were more than happy to have a bit of chat at a social distance.

After six weeks in lockdown and quarantine, Tim and Shendelle were free but their plans for a year off work had been dashed.

Shendelle decided not to go back to work early while Tim returned to the frontline in July at Donnybrook Police Station.

“I just can’t see the point in sitting around doing nothing, I’m just not that sort of person, I’ve got to get out and do things.

“Everyone here has been a great help from the Superintendent down trying to organise things to get me placed back in the South West which is where I wanted to be. It was just a case of waiting until all the movements opened up again.”

■

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01

OFF DUTY POLICE SAVE A LIFE

BY JESSICA CUTHBERT

“I’m lucky to be alive.

If it was any other night, I wouldn’t be here.”

01 Detective Sergeant Dan Whitney, Sergeant Brad Hasson, Dane Pepper, Detective Sergeant Nathan Carbone and Sergeant Simon Bowen. 02 Dane shows his ICD defibrillator after surgery.

03 Dane said he was lucky to be alive.

26 POLICE NEWS SEPTEMBER 2020

These are the words of Dane Pepper, a 27-year-old who unexpectedly suffered a heart attack earlier this year.

Dane was at his workplace, Striker Indoor Sports and Fitness in Leeming, when without warning he dropped to the ground.

Within minutes, he had stopped breathing.

Four bystanders who were enjoying a game of indoor cricket, noticed the medical emergency and rushed to Dane’s aid.

Those people were off duty police officers, Sergeant Simon Bowen, Sergeant Brad Hasson, Detective Sergeant Dan Whitney and Detective Sergeant Nathan Carbone.

Instantly, the officers sprang into action and began CPR while on the phone to Triple 0.

Luckily, the sporting facility was well equipped with medical equipment and a defibrillator.

Simon said he and the others were having a hit of cricket when they noticed Dane in the other lane suddenly tense up and fall to the ground.

“It definitely didn’t look ideal. Pretty soon after, his team mates got around him and started to call for help. It all happened so quick, it’s a bit of a blur. We didn’t really think about it, we just acted,” he said.

“It wasn’t long after he was on the ground that the four of us were in the net and doing the initial assessment.

Pretty scarily, Dane had stopped breathing so we went straight into emergency first aid and CPR. “We attended to him with CPR and the defibrillator for about 15 minutes before the arrival of the ambulance.

It was a really good team effort, everyone responded so quickly and worked really well together.

“There was probably two or three times during the ordeal that we were thinking we were in quite a bit of trouble. It wasn’t looking good.”

02

“The triple 0 operator was phenomenal, keeping us all calm. It was just like clockwork, everyone knew their role to play and thankfully we got an excellent outcome and Dane is here with us today.”

Sergeant Brad Hasson said he had no doubt that Dane wouldn’t be here today if it had not been for the officers jumping in and responding with the first aid equipment available to them.

“There was probably two or three times during the ordeal that we were thinking we were in quite a bit of trouble.

It wasn’t looking good,” he said.

“We are just so thankful and happy that Dane is here with us today, it’s the best outcome.”

Detective Sergeant Dan Whitney said the experience only reinforces how important first aid training is for everyone.

“As police officers we are lucky that we have the training we do to deal with these situations. This just highlights the need for people to have first aid training. This sort of thing can happen anywhere and anytime, you certainly don’t expect it,” he said.

“But it did happen on that night and because we all had that training we knew exactly what to do,” he said.

The officers were updated during the night on Dane’s condition after he was taken to hospital.

They also arranged a visit at the hospital the following week where Dane was able to meet the heroes that acted so quickly and saved his life.

The off duty police officers were told by paramedics that if they didn’t do all they did that night, Dane would not be here today.

Dane said he doesn’t remember much about what happened that day, but he was immensely thankful to the officers who saved his life.

“It was explained to me when I was in hospital, that I more or less suffered a heart attack. That was a very strange experience,” he said.

“I was told that almost instantly after going down on the court, the guys were on me performing CPR and doing what needed to be done to save my life.

“Having the defibrillator in the centre as well was so important, thanks to that and the boys I am here today to tell the story.”

03

Sadly, Dane lost his mother when she was 46 years old to a heart attack.

“I was aware that there were some underlying heart conditions in my family, but as a 27-year-old fitness instructor, reasonably fit and healthy, you do not expect anything like that to happen,” he said.

“It was a very scary experience but I cannot speak highly enough of the four police officers who saved my life. As morbid as it sounds, I could not have dropped dead in a better spot.

“I’m incredibly lucky to still be here today. ” Dane now has an ICD defibrillator that sits under his skin as protection if something like this was to happen again.

WA Police Union President Harry Arnott said the actions of these police officers highlighted their commitment to serve and protect their communities, on and off duty.

“Police officers swear an oath to protect and serve 24 hours a day, seven days a week and these officers acted in accordance with that commitment,” he said.

“By their very nature, police officers are extremely community minded and will always go above and beyond.

“Unquestionably these officers have saved the life of a young man. They have done an excellent job and should be very proud.”

“It was a very scary experience but I cannot speak highly enough of the four police officers who saved my life.

As morbid as it sounds, I could not have dropped dead in a better spot.”

■

27 POLICE NEWS SEPTEMBER 2020

PAUL HUNT

Secretary WA Police Union

The current industrial landscape for police officers and PAOs IT WILL BE NO SURPRISE TO MEMBERS that the negotiations for the replacement industrial agreement for police officers has been the most difficult we have experienced.

Since commencing the negotiation process in February 2019, the intransigence of the WA Police Force and Government has plummeted to new depths. Significant contributing factors in the overall delay can be squarely placed at the feet of the WA Police Force and Government.

For example, our requirement for the Agreement to be fully drafted before we put the proposal to a ballot of Members was vindicated when we experienced several attempts by the Government drafters to change the intent and application of existing conditions and the improvements that had been agreed between the parties. Had those attempts at variation occurred after a ballot, it could have meant the current entitlement, and proposed improvements to Country Deployment Allowance, would have been significantly reduced in benefit for Members.

The ability for the actual respondents to the Agreement, being the Union on behalf of Members and the Commissioner of Police, to reach a negotiated outcome was also largely impeded by the involvement of Public Sector Labour Relations Division, who actively inserted itself into the negotiations, supplanting WA Police Force representatives at the bargaining table. Its paranoia around the purported risk of improvements, such as additional leave for police flowing to other public sector work groups, has blocked any meaningful discussion on the merits of such leave specific to the rigours of policing.

… our requirement for the Agreement to be fully drafted before we put the proposal to a ballot of Members was vindicated when we experienced several attempts by the Government drafters to change the intent and application of existing conditions and the improvements that had been agreed between the parties.

28 POLICE NEWS SEPTEMBER 2020

Despite these inordinate delays and frustrations, the Agreement (which is now a 2020 Agreement to reflect the year of registration) does include a number of notable improvements for officers, which have effect from the date of registration.

The $1000 per year salary increases, which have already been applied by administrative action by WA Police Force, were rolled out without any notice or discussion with the Union, in a further sign of the disrespectful manner in which the Government representatives have conducted themselves during this process.

PARTIAL ARBITRATION – ADDITIONAL LEAVE The one resounding area of Member feedback related to the fifth offer from Government was the overwhelming dissatisfaction with the way the additional leave was structured.

Members were very clear that relabelling a few days of an existing sick leave entitlement and providing indiscriminate use of it was disingenuous and unworkable.

The Union’s claim at partial arbitration is for 40 hours additional leave, to be accruable if not able to be taken during the year.

We will be leading expert evidence on the toll policing takes on officer wellbeing and the appropriateness of more downtime to address that toll. We will also be taking evidence from Members to demonstrate the demands of policing and other aspects to support our claim.

The partial arbitration in the WA Industrial Relations Commission (WAIRC) is like any court process. There will be delays, there will be periods where we simply have to wait for submissions and decisions. A date for the hearing, which we anticipate will take five days, is yet to be set down but as this is a significant hearing and in line with the usual preparation times required, it is likely the hearing will not take place until at least late December 2020.

Members will be updated on this issue through Newsletters and Branch Meetings.

INDUSTRIAL REPORT

2021 POLICE INDUSTRIAL AGREEMENT

Ordinarily, we would start the negotiations for a new agreement 12 months prior to the expiry but because of the late registration of the 2020 Agreement, we will now commence the negotiations next year.

As the 2019 Agreement negotiations have taken a very long time, it now places us straight into negotiating for the 2021 Agreement.

The 2020 Agreement (which was the 2019 Agreement when we started negotiations!) will be due to expire on 30 June 2021. Ordinarily, we would start the negotiations for a new agreement 12 months prior to the expiry but because of the late registration of the 2020 Agreement, we will now commence the negotiations next year.

Over the twisting course of the 2019 negotiations, it was very likely we would be forced into a full arbitration of all elements of the agreement, in the form of an Enterprise Order. In preparing for that eventuality, we developed a wider range of potential improvements for the salary and working conditions of all officers. We plan on drawing on those items to construct the log of claims for the next negotiation.

This year’s Annual Conference will include a delegate’s workshop session to fine-tune the claims ahead of formal negotiations. The political cycle, which sees a State Election in March 2021, will provide an opportunity to seek the best outcome for Members were we expect both sides of the political spectrum to place law and order high on their campaign agenda.

Throughout the trials and tribulations of industrial negotiations over the past two years, the frustration has been felt no more acutely than with the membership themselves. The Union acknowledges those frustrations and thanks the membership for their patience and commitment to the long term campaign for their improved conditions.

2020 POLICE AUXILIARY OFFICER AGREEMENT The current Agreement for police auxiliary officers is due to expire on 1 November 2020 and negotiations have commenced for the 2020 PAO Agreement, with a log of claims developed from Member and Branch submissions served on the WA Police Force and Government.

Details of the log of claim items are available on our website, and include increases to salary, additional increments for each band, greater mobility between PAO types and parity claims for shift allowances and overtime. Additionally, given it is now 10 years since the introduction of PAOs to WA, we are seeking a comprehensive review of PAO positions and roles, to assess their appropriate classification and remuneration. It is our proposal to conduct that review over the two-year life of the Agreement.

NOTABLE IMPROVEMENTS FOR POLICE OFFICERS Overtime rates of pay where an officer doesn’t get a 10 hour break between periods of duty, until released from duty.

One additional day Bereavement Leave (a total of three days).

Existing 40 hour Carer’s Leave can now be used to also “support” a Family Member (previously only for “care” of a Family Member).

Increases in Civilian and Pregnancy Clothing Allowance Superannuation payments during the first 12 weeks of unpaid parental leave.

Remove the $200 accumulated claim threshold for non-work related medical claims.

Country Deployment Allowance payable to all officers who are required to reside away from their home location when relieving or carrying out operational duties in Regional WA, irrespective of where their home location is.

Up to three of the current five single day sick leave absences without a medical certificate can be taken consecutively.

Five days of paid leave for Aboriginal and Torres Strait Islander officers for cultural and ceremonial obligations and events.

Early access to pro-rata Long Service Leave if within seven years of superannuation preservation age.

A further 10 single day sick leave absences can be supported by a Health Practitioner.

Employer must provide the Union with an updated register of OHS Representatives.

29 POLICE NEWS SEPTEMBER 2020

02 03

01

In loving memory of Paul Kosovich 6657 4/12/1962 – 5/12/2019

BY JESSICA CUTHBERT

A

“He has died a man who will forever serve as a reminder as to what life is about.”

30 POLICE NEWS SEPTEMBER 2020

kind man, loving husband, devoted father and dedicated police officer.

When Inspector Paul Kosovich 6657 passed away in December 2019 after his battle with cancer, his loss was felt by many across the State.

He touched the lives of those who knew him personally and those he met in the job.

Paul’s wife, Jan Kosovich said her husband was bigger than life itself.

“He was passionate about things he cared about, his family, work and the community and was a dedicated police officer,” she said.

Jan met Paul when he graduated from the WA Police Academy in 1984.

Throughout his policing career, Paul was recognised for his outstanding bravery and commitment to the job.

In his career spanning 36 years, Paul mostly policed in the country where he felt he could contribute more to the community and make a difference.

He worked in stations in Halls Creek and South Headland and was the Officer in Charge at Three Springs, Gingin, Narrogin and Geraldton.

He also worked in stations around Perth and at North West Metropolitan Traffic.

Jan said everywhere he went and worked, Paul put this heart and soul into the community.

In 2010, Paul was promoted to Inspector and spent time in the Wheatbelt District Office, Police Operations Centre, Forensic Divisional Office, Metropolitan Traffic Operations, Traffic Enforcement and State Communications Division.

Jan said policing came naturally to Paul and as a small child he had always wanted to be a police officer.

“I suppose his biggest inspiration was his father Peter who taught him to treat people fairly and humanely, no matter who they were or what they had done and that was self-evident in Paul’s interaction and treatment of everyone throughout his career,” she said.

Paul’s brother, recently retired Inspector Garry Kosovich said their father joined the WA Police Force in 1953.

“Paul was born in Port Hedland and grew up around police stations in the bush. From the outset Paul was our father’s shadow, and from a very young age he made it known that he wanted to be a police officer, just like his dad,” he said.

“Once he joined the job, he never looked back. Policing came naturally to him as he was passionate about the things he cared about – his family, his work and the community he served.”

A career highlight was being awarded the Australia Bravery Medal and Royal Human Society Medal.

On August 28, 1986, Paul waded into the icy and raging waters of Rocky Pool in the John Forrest National Park to rescue school teacher Kevin Bennett, who was trying to save the life of a student.

Ten-year-old, Nick was on a school excursion and had been swept into the water. Kevin quickly entered the water to rescue the boy, but the school outing soon became a tragedy.

When Paul arrived, he found the boy being supported by his teacher but realised Nick was trapped against a rock and being

06 07 04

pelted by the flowing water. Both Kevin and Nick were struggling to keep their heads above water.

Paul, with a rope secured around his waist, climbed down the rock face and entered the rapids. He reached them with great difficulty and tied a rope around the teacher’s chest to keep him above water.

Tragically, he could not free the boy and it was then Paul realised Nick was dead.

He pulled the teacher free from the rock and dragged him through the water to the rock face where he was hoisted to safety. Paul was also hoisted to safety and was later treated for a knee injury.

A few years later, he was presented the Bravery Medal by Her Majesty the Queen at Government House in 1987.

Paul was only 24 years old when the incident occurred.

Jan said the incident deeply affected Paul and that he blamed himself for not saving the boy.

“He would tear up thinking about it and it was quite hard for him to talk about. For a long time he couldn’t bring himself to wear his medals but over time he came to accept the circumstances behind them and began wearing them,” she said.

“It was an honour and privilege to be presented these by the Queen. On the day, the father of the teacher he saved, personally thanked him for saving his son.”

Jan said her husband was not only an assiduous police officer, but a wonderful family man and role model.

“He was an amazing role model to his sons Michael and Adrian and their friends,” she said.

“He was always there for help and advice and he was always happy and loved a joke. He never took life seriously and would tell me constantly not to sweat the small stuff.

“He was a very positive person and looked on the bright side of life. He certainly had a way of lifting others up.”

Paul was heavily involved in any community he lived in, whether it be on the school P&C, assisting at school camps, speaking at assemblies or umpiring local sporting teams.

Jan said he loved his AFL, baseball, softball and squash.

“Football was one way he could contribute to the community,” she said.

“Whilst stationed in the country he played for Halls Creek, South Hedland and Railways in Northam. He played his final senior game in a winning grand final for South Hedland.

05

“When we moved to Geraldton he took up umpiring the Great Northern Football League (GNFL), Mortlock and Upper Great Southern Leagues. Our second time at Geraldton he became the President of the GNFL and coached the Railways Under 14 team which Michael played in.”

A special moment for Paul was coming out of retirement to play football for Railways Northam with both sons.

When he wasn’t serving the community as a police officer or contributing to the community, Paul loved to travel.

Jan told Police News they loved to explore and see the country as well as holiday overseas. She said some of the family adventures included Singapore, Phuket, New Zealand, China, Hong Kong, Africa, Bali and Europe which Paul thoroughly enjoyed.

At his father’s funeral, Adrian said he reflected on his father as a man who truly lived so much of what life had to offer in such a short amount of time.

“He has died a man who will forever serve as a reminder as to what life is about. It’s not about material wealth, it’s about the people you open your life to, the precious moments you spend with family and the courage to step out and explore that big amazing world out there,” he read at the service last year.

Paul was often described as an old school copper, who when he gave his word on something, he meant it.

“If an officer walked into his office and said ‘Sorry boss, I’ve messed up’ Paul would just smile and say ‘It’s okay, I’ve seen and done it all, there’s nothing that we can’t sort, just always be honest with me and it will be fine,” Jan said.

More than anything, Paul was incredibly proud of his sons.

His eldest, Adrian graduated from UWA with a Petroleum Engineering Degree in 2014. He is now working with Caltex in Sydney.

Another proud moment was when his youngest, Michael, graduated as a police officer in June 2013.

Michael became a third generation of Kosovichs to don the blue uniform. He is currently serving in Broome.

Last month, the WA Police Union presented Jan with a framed memorial plaque in honour of Paul and his policing career.

She said the support from the Blue Family during the past year has been overwhelming.

“Paul’s cancer was so quick and aggressive, so we dealt with each day as it came. I know it meant a lot to Paul when Commissioner Chris Dawson saw him two days before he passed and thanked him for his service,” she said.

“Paul lived and breathed the WA Police Force.”

■

01 Paul, Michael and Garry Kosovich at Michael's police graduation in 2013.

02 Paul with Kevin Bennett.

03 Paul being presented his medal by the Queen.

04 Jan Kosovich with the memorial plaque.

05 Paul taking part in a crazy hair day charity event.

06 Paul, right, with ex Police Commissioner Robert Falconer. 07 Paul on a Traffic Bike.

31 POLICE NEWS SEPTEMBER 2020

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Compelled interviews: what's the current law?

ABRAHAM LINCOLN WAS

once misquoted as saying: “give me a one armed lawyer, because I'm sick of all these lawyers saying 'on the one hand, but on the other…”

But Members who are approached for a regulation 603 statement/interview should ask for confirmation they're not a suspect in a criminal investigation, if it is not otherwise made clear.

While it might be a misquote, the reality is that legal questions are often incapable of one word answers.

When I am asked by Members: ‘can I be compelled to give a statement/ interview?’, my reply is one that would infuriate whoever originally said those words. The difficulty is compelled statement/interview requests come about in a variety of situations, and so a one size fits all response is impossible.

Based on the current case law, the most concise answer I can give is: “It depends; if you're a criminal suspect or already charged with a criminal offence, the answer is more likely to be no.”

Most compelled statement s/ interviews within the WA Police Force are procured under regulation 603 of the Police Force Regulations 1979.

Regulation 603 simply says: ‘A member shall not disobey a lawful order and shall not, without good and sufficient cause, fail to carry out a lawful order.’ It does not go on to prescribe what a lawful order might be; that is left to case law.

Regulation 603's purpose is to aid the management and control of the police force. Therefore, it would be an improper use of the regulation to enquire into off-duty matters that couldn't amount to a breach of police discipline. Likewise, regulation 603 can't be used in a criminal investigation against the criminal suspect because such an order would be for the purpose of advancing the criminal investigation rather than the proper management of the police force.

There are numerous interstate decisions of the Courts that give some guidance.

In Baff v NSW Commissioner of Police [2013] NSWSC 1205, the NSW Supreme Court declared that the subject police officer was entitled to decline to answer questions put to him under a provision similar to regulation 603 as to the circumstances of the discharge of his firearm injuring a female offender. The area of law isn't without complexity, and there are interstate cases where police officers have been required to answer questions regarding on-duty matters where the purpose of the direction is squarely the control and management of the force, outside of a criminal investigation.

What is clear is that if a compelled statement/interview is obtained from a Member, for example at time before the Member became a criminal suspect, it should be strictly quarantined from any subsequent criminal investigation into that Member, to avoid the criminal investigation becoming legally unfair and ripe for an application to the Court for a permanent stay of proceedings.

There is no doubt that regulation 603 cannot be used to obtain information from a Member who is charged with a criminal offence, owing to the companion principle. That is, a criminally charged person is not the companion of the prosecutor, and cannot be required to assist in securing their own conviction. The companion principle is absolute once a prosecution notice is signed, but is probably engaged when a decision has been made to charge a Member.

In recent years, the WA Police Force have sensibly generally delayed compelling statements/interviews until after a criminal investigation or prosecution against that Member is concluded. But Members who are approached for a regulation 603 statement/interview should ask for confirmation they're not a suspect in a criminal investigation, if it is not otherwise made clear. And if that assurance is not forthcoming, they should seek advice from WAPU before proceeding further.

Members should always preface compelled statements/interviews with the WAPU caveat. They should always download the caveat from the WAPU Members Website, to ensure they're using an up to date version.

A compelled statement/interview should always remain within the confines of being conducted under a lawful order. It is unlikely to be a lawful order to ask a Member their opinion on hypothetical situations. It is more likely to lawful to stick to what a Member directly observed and did. A Member is entitled to respectfully decline to give opinions or speculate, if that's what is being asked of them in the moment.

In other words, let's stick to the facts.

I'd always recommend taking an interview friend, and union delegates can assist in arranging this or fulfilling this role. The WAPU Members Website has a lot of helpful resources on how to approach and prepare for compelled interviews.

33 POLICE NEWS SEPTEMBER 2020

SCOTT WILLIAMS

Chief Executive Officer Police Health & Emergency Services Health

HEALTH

The path to here POLICE AND EMERGENCY services personnel have always rallied together in the hardest of circumstances.

Pandemics, bushfires, floods, accidents… Sometimes we share wins. All too often we share in grief. Regardless the call, it gets answered.

A long-petitioned extension to Police Health’s eligibility criteria has also been made possible through amalgamation, which now for the first time allows, for example, the parents and siblings of police officers to join.

So when our colleagues working in fire, medical and rescue began crying out for access to health cover that understood the mental and physical health implications of the job, Police Health took action.

With the advantage of a blank canvas, we copied the best of Police Health – the values, the team, the unique cover and service – to create Emergency Services Health.

Along with a commitment to quality service and cover, both Police Health and Emergency Services Health share a focus on continually shaping and enhancing the benefits we offer based on member feedback and needs and so it’s thanks to our members that we are what we are.

One of the ways we listen to our members is through surveys and research, and so we recently invited our members to take part in IPSOS’s in-depth ‘Healthcare and Insurance Australia Report’. Though it was our first time involved, IPSOS’s research is extremely well regarded having been around since 1987 it carries a lot of weight in the health industry.

Out of the 29 health funds who took part (big and little players alike), the remarkable feedback from our members placed us as follows in these key areas:

‘VERY TRUSTWORTHY’ 1st Place: Police Health (Score 8.1) 2nd Place: Emergency Services Health (Score 8.0) 3rd Place Score: 7.6 Average Score: 6.2

‘REBATES ON SERVICES’ 1st Place (Equal top): Police Health (Score 8.1) & Emergency Services Health (Score 8.1) 3rd Place Score: 7.1 Average Score: 5.8

‘MAKES PRIVATE HEALTH INSURANCE EASY TO UNDERSTAND’ 1st Place: Emergency Services Health (Score 7.4) 2nd Place: Police Health (7.0) 3rd Place Score: 6.6 Average Score: 5.6

‘CUSTOMER SERVICE’ 1st Place: Emergency Services Health (Score 8.2) 2nd Place: Police Health (Score 8.0) 3rd Place Score: 7.9 Average Score: 6.6

‘HELPFUL ADVICE’ 1st Place: Emergency Services Health (Score 7.7) 2nd Place: Police Health (Score 7.6) 3rd Place Score: 7.4 Average Score: 6.1

‘VALUE FOR MONEY’ 1st Place: Emergency Services Health (Score 7.7) 2nd Place: Police Health (Score 7.5) 3rd Place Score: 7.0 Average Score: 6.0

‘NET PROMOTER SCORE’ 1st Place: Police Health (Score 75%) 2nd Place: Emergency Services Health (Score 74%) 3rd Place Score: 71% Average Score: 30%

‘STRONGLY RECOMMEND RATING’

34 POLICE NEWS SEPTEMBER 2020

1st Place: Emergency Services Health (Score 8.1) 2nd Place: Police Health (Score 7.9) 3rd Place Score: 7.3 Average Score: 5.8

These results are testament to the strong support of our members, whom we are proud to serve and protect through the provision of quality cover.

We also owe a debt of gratitude to the police and emergency services departments, unions, associations, organisations and charities around the countr y who, through the relationships we foster, play a significant role in ensuring we are delivering the most relevant, genuine and quality health cover specific to the needs of our first responder community.

But we are not the type to rest on our laurels.

We identified, and the oscillation between first and second place in these IPSOS results confirmed, that across the two funds Police Health performed better in some areas and Emergency Services Health performed better in others.

In an ideal state, all our members should have access to the best of both worlds, and so, driven by our vision to be a ‘world class fund of the future’, we sought and received approval from APRA to amalgamate into one fund.

Continued on page 38

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MOTORING

FLEET NETWORK

Novated leases benefits assist regional copper NOTICING HIS PREVIOUS novated lease was about to expire, Sergeant Nick Hamer decided to take advantage of one of the employee benefits of being in the WA Police Force and salary package one last car before his retirement.

… they were always accurate and quick with their responses.

They never left me in the dark and I always knew what was happening.

Nick is the officer in charge at Marble Bar Police Station with 37 years of police service under his belt and a wealth of experience at a variety of regional WA police stations.

Nick is now working and living in beautiful Marble Bar (which is Australia’s “hottest” town and rock formation), located in the Pilbara region of north-western Western Australia.

Nick is recognised as a role model in the community and is the recipient of 2019’s Marble Bar Citizen of the Year.

Nick previously purchased a Holden VZ ute four years ago through Fleet Network and decided to contact them again when looking to upgrade his vehicle.

Initially enquiring about a Toyota Prado, Nick and his wife Erica decided a brand-new dual cab Toyota Hilux, fitted with a lift kit, was better suited to their life in the Pilbara, especially with Nick’s background in carpentry, plus two dogs.

Purchased back in March just before travel restrictions hit WA, they haven’t had too much of a chance to test out the Hilux’s capabilities but they are now looking forward to heading out bush and four-wheel driving in comfort – enjoying the fact it is easy to hook a trailer up, load up the back and that it can handle the gravel roads common in the area easily.

When asked what impressed him about his experience with Fleet Network, it came down to the girls in the sales and administration team.

“The girls and their communication were absolutely fantastic; they were always accurate and quick with their responses. They never left me in the dark and I always knew what was happening,” Nick said.

And what impressed him the most?

“When I called, they knew who I was based on my first name straight away, they were really personable and a pleasure to deal with,” he said.

Initially changing their mind with what car they were wanting to purchase, Nick was worried that he was wasting their time by going back and forth on their decision, but he needn’t had worried.

“Providing highly personalised service for all our clients is what we pride ourselves on, there’s no rush – whether you want to compare three to four to five different vehicles, we will help you choose the right car for your lifestyle and budget,” Fleet Network General Manager Frank Agostino said.

Nick was asked what he believes are the standout benefits of a novated lease in comparison to a traditional car loan?

“All costs are covered in one payment, out of my pre-tax salary.

I don’t have to worry about paying for fuel and I know I can upgrade my tyres down the track without having to worry about saving that extra money or getting a loan,” Nick said.

“Plus you choose a car, they deal with all the repayment details, you drive off and it’s completely yours.”

The team at Fleet Net wor k understand that getting a novated lease may sound complicated, but the team works collaboratively to make the e xper ience an eas y and enjoyable one. With a strong personalised service focus, their clients are always coming back and referring others who are looking to get into a car, which is confirmation of their topnotch, industry leading service.

“If a novated lease is what you’re looking for, go for it, deal with Fleet Network, the girls are terrific,” Nick said.

TIME TO UPGRADE YOUR CAR? Speak to one of Fleet Network’s expert consultants for an obligationfree quote today and let us show you how to best use your pre-tax salary to possibly save thousands of dollars off your next car.

Make the call to Fleet Network o n 1 3 0 0 7 3 8 6 01 o r v i s i t www.fleetnetwork.com.au/police

POLICE NEWS SEPTEMBER 2020

NEW MEMBERS

NEW MEMBERS TAKE PART IN SUPER GRADUATION The WA Police Force welcomed 117 new police officers to the Blue Family in July.

In a Super Graduation, four squads, Gold 10/2019, Blue 11/2019, Silver 12/2019 and Green 13/2019, joined the frontline, many some months after completing their training.

The 82 men and 35 women completed an intensive 28-week training course at the WA Police Academy earlier this year, and an award ceremony was held on May 8, 2020 where the officers received their Certificates of Operational Status.

Due to the COVID-19 pandemic and restrictions imposed at that time, the formal graduation ceremony was postponed.

Prior to the graduation ceremony, all officers had already commenced in an operational policing role.

Gold and Blue were allocated to metropolitan and regional stations, while Silver and Green assisted the COVID-19 Self- Quarantine Assurance Team with track and trace duties.

The graduation ceremony also saw two Special Commendations for Bravery, six Certificates of Outstanding Performance and Certificates of Service presented to two long-standing officers.

This was one of the largest number of squads graduating on the same day since CHOGM in 2011, when three squads graduated.

36 POLICE NEWS SEPTEMBER 2020

37 POLICE NEWS SEPTEMBER 2020

HEALTH

Continued from page 34

Through amalgamation, we’re in a position to deliver the absolute best of breed health cover in the most efficient way to all those who protect our community on the frontline, and importantly, to all their families too, while retaining our not-forprofit status and the distinct identities of both Police Health and Emergency Services Health – after all, for all the similarities between police and the many sectors within emergency services, we fully recognise that each are still unique.

A long-petitioned extension to Police Health’s eligibility criteria has also been made possible through amalgamation, which now for the first time allows, for example, the parents and siblings of police officers to join.

State-based joining restrictions on retired police and their families have also been lifted, making our cover more accessible than ever to the police community across the country.

Looking longer term, the operational efficiencies gained from amalgamating will help us further increase member value and keep downward pressure on member premiums. While increased growth possibility and buying power will help strengthen us further into the future.

Our success, however, will continue to boil down to our members. Keeping our first responder community engaged and happy with the cover we offer is not only our key to success, it’s the reason our staff are proud to work for you every day.

You deserve the best when it comes to your health - that’s why we’re here.

References: IPSOS Healthcare and Insurance Report Australia 2019

38 POLICE NEWS SEPTEMBER 2020

RETIREMENTS & RESIGNATIONS

VALE

RETIRING MEMBERS 5579 Garry KOSOVICH 5990 Glen POTTER 6040 Steven BORDAS 6065 Rick GOODFIELD 6592 Brian WILKINSON 6876 Gordon BIRTWISTLE 7840 Erika SCHRAMM 8432 Ricky HUTCHINSON

RESIGNING MEMBERS 7131 Cherie SANDILANDS 7859 Darryn PARR 7905 Peter DAWSON 9575 Robert GIBSON 9765 Bradley NICHOLS 11462 Kirsty GANGEMI 12035 Christopher HODGES 12301 Rory ATKINSON 12544 Peter BAMBER 13227 Luke GREENSHAW 13374 Jack KENNEDY 13702 Steven STAGG 13782 Neil BOHNEN 13887 Brett DILLON 13926 Jarrad SPICER 13938 Ryan BYRNE 14173 John GREENLEES 14658 Brett DORGE 14795 Andreas ABADI 15165 Shea WAKELIN 15309 Russell CHURCHLEY 15393 Hoai TRAN 16005 Jack FLOOD 16309 Hannah MERRITT 16378 Thomas MASSEY 16591 Amy DUGGAN 17064 Simarpreet KAUR 51434 Debra ARJOON 51725 Eden PULLEN 52416 Kai JONES 52889 Raja TARAWNEH 99982 Mark SCALLY

RETIRED 3394 Superintendent SIDNEY ALBERT WILD Aged 84 4427 Sergeant DAVID GRAEME PEET Aged 77 2593 Superintendent PETER BRIAN SULLIVAN Aged 88 4106 Sergeant DENIS WILLIAM JOHNSON Aged 77 2219 Superintendent PETER DESMOND LIDDELOW Aged 93 4806 1/C Sergeant THOMAS STEWART CLOSE Aged 70 3263 Detective Senior Sergeant DONALD WILLIAM GRIFFITHS Aged 84 3178 Commander EDMUND ROBERT CRAWFORD Aged 81

FROM THE ARCHIVES

AUGUST AND OCTOBER 2006 PAY RALLY RESOLVE Predominantly featured in the August edition of Police News, was the Police Pay Rally on August 15, 2006.

The resolve of police officers to gain wage justice was given full expression at the rally on the steps of Parliament House.

More than 3,000 officers and supporters turned out in stormy weather to give the Carpenter Labor G over nment the unmis t akable message that the WA Police Union would not accept its paltry 4.5 per cent per year pay offer for three years.

I n h i s P r e s i d e n t 's R e p o r t , Michael Dean said while none of the Government’s members of parliament, let alone the Premier or Police Minister showed up at the rally, they assuredly got the message.

“The crowd was in full voice chanting for the 10 per cent plus 10 per cent Members are seeking,” he said.

“Doesn’t this Government recognise that policing is different from all other civil services jobs? Doesn’t it appreciate that officers put their lives on the line with every shift and that in 2005, some 1,383 police were assaulted in the line of duty?”

Mr Dean said he believed the Carpenter Labor Government was selectively deaf on these issues.

During the rally, police officers took to the podium and shared their policing stories and experiences.

NATIONAL POLICE MEMORIAL DEDICATION The dedication of the new National Police Memorial in Canberra on September 29, 2006 drew a gathering of thousands from the extended Australian police family.

The mass gathering, paying tribute to fallen police officers, was the largest police gathering since 1927.

The new memorial, a 27m long and 2m high bronze wall features the names of the officers and their rank, date and place of death.

Now covering more of the police family By popular demand our eligibility criteria has been expanded to include more of the family — like mum and dad, as well as brothers and sisters!

Get in touch to check the eligibility of your close relations!

joinus@policehealth.com.au policehealth.com.au 1800 603 603 Police Health Limited ABN 86 135 221 519 A restricted access not-for-profit Private Health Insurer Š 20/07/2020