A CLOSED POLICE STATION – A SOLUTION?

by CAA | Mar 3, 2021 | Library, Uncategorized

4th of March 2021

The current demand on Victoria Police staff for COVID extraneous, but essential duties has created a resource burden never placed on the Force in modern policing history.

The maintenance and improvement of service delivery for Victoria Police is a stated priority for the new Chief Commissioner, and in the current environment, this will indeed be a challenge.

It is not only the depth of the impact on resources, but this demand is likely to be for a very extended period and although Victoria Police has a very good surge capacity, to maintain that level over an extended period is an entirely different challenge.

Ironically if police had taken charge of the COVID Quarantine Hotels as was initially proposed, we might have avoided the COVID lockdowns, avoided many hundreds of deaths, and Victorians would have suffered a much smaller economic impact. The State could have returned to some sort of COVID normal months earlier.

Not all the resource needed to secure the Quarantine facilities need be police, but the police should have taken charge.

Health Officials were and are required to manage the security of the quarantine facilities, and this decision remains the most ill-considered process in the whole COVID pandemic. Their expertise is health, not security, and that explains the failures

As to why police did not take charge is for others to debate, but the CAA is convinced we would not have the issue facing policing today had another and more appropriate course been taken when the need for quarantine facilities first surfaced.

At this time, care must be taken not to make things more difficult for police.

It is most disturbing to the CAA, and no doubt VicPol, that the Secretary of the Police Association, Mr Wayne Gatt, in a radio interview set out in the public domain all the detail of the drain on Police resources.

The picture painted was that regular police work is severely impacted, particularly in certain geographical locations.

While that proposition is true, detailing where the impacts are (which police stations have reduced services) was inappropriate and somewhat naive.

The argument that the community needs to know is trumped by the impact of telling lawbreakers where there is a policing service deficit.

The community’s major issue is the role of the police station as a place of refuge in an emergency, and there is no issue with that role; however, in these times, to ease public angst, alternate refuges must be explored.

Mr Gatt, taking the opportunity to educate the public on how to respond in these times, would have been far more appropriate than breaching operational confidentiality.

A long-forgotten community policing initiative, the ‘Safety House’ program should be bought into the 21^st Century and updated and modified for the times we face. “Safe Place” may well provide the solution.

The existence of the ‘Safety House’ program had a crime deterrent aspect, but the little yellow logo on various letterboxes throughout the community was designed to provide a safe bolthole for children who, for whatever reason, found themselves vulnerable.

This allowed the approved ‘Safety House’ occupants to offer comfort and support, contact the child’s family or police or whatever else was appropriate.

This same concept, a ‘Safe Place’, could be used for the wider community, but instead of using private houses, commercial operations with appropriate security for their own staff could be used in a similar manner.

It would be comforting for the community to know that in a non-medical emergency, they could seek refuge in a commercial business that has the security of people, lighting and CCTV, and a detached staffer who can contact the appropriate service.

This program would be unique to Victoria and not rely on police stations’ operational variables being the sole provider of that service.

Even with the Force back to full operational capacity and all stations again staffed 24/7, this program would still provide an important service.

The additional sites spread further the protection for our most vulnerable in time of duress.

As with the ‘Safety House’ program, the by-product of connecting police with the community through that program would be replicated in the commercial application.

There is, of course, substantial detail to be addressed to implement a program like this. However, the effort would be well justified and should be embraced by the Police Association, rather than breaching operational confidentiality, which can only increase community risk and therefore risks to Police members.

Victoria policing – a new beginning

by CAA | Feb 18, 2021 | Library, Uncategorized

19th February 2021

Twenty years ago, a political experiment, a vanguard of gender diversity, gave us a Chief Commissioner that turned Policing in Victoria on its head. Some of her contributions had merit, but overall the tenure could not be marked other than down. This heralded an era of Chief Commissioners each with a substantial leadership deficit.

This also was the beginning of an era that saw commissioners replaced with their equals and arguably achieved an overall decline in Policing. Moving through these twenty years, the Chief Commissioners could only be described as bureaucrats, with leadership skills in short supply and an apparent lack of understanding of Police philosophy, what policing is all about,-service to the community.

There were a number of common threads that linked these commissioners through this era apart from the lack of operational Police experience a vital component in understanding how they were supposed to perform.

The Lawyer X saga, arguably the most significant management/leadership failure in modern policing history, and an era when Post Traumatic Stress Disorder (PTSD) seemed to blossom, cutting down many a good police member and ruining many police careers and their families, culminating in a worrying increase in Police suicides at different times rivalling the Road Toll.

The evolution of an internal discipline system that could be argued plunged into unconscionable behaviours best illustrated by one of the most demeaning and deliberate soul-destroying practices, the ’walk of shame’. Police were paraded before the media, often in handcuffs, who were only alleged to have committed a crime, but not convicted or even brought before a court. Most of Victoria’s worst criminals were not treated in this way.

This behaviour, where good characters were trashed, was only marginally more sophisticated than the medieval pillory, which was at least used after prosecution, not before.

And above all else, a rising crime rate, notable because of the increased violence of perpetrators, particularly youth coupled with a wanton and deliberate disconnect between Police and the community.

The Community Advocacy Alliance (CAA) warned Victoria Police and the Government that a crime tsunami was evolving, which broke out as predicted in 2016. Warnings were ignored, so the public of Victoria wore the brunt and the cost.

Had Victoria been following standard police philosophies this break out may have been averted.

Our suggestions and recommendations numbering into the hundreds designed to bring VicPol ‘back on track’ were routinely rejected by Victoria Police and the CAA suffered years of derision and ridicule from the Victoria Police executives. This derision and ridicule intended to diminish our resolve, actually made us more determined.

That, however, is in the past, and with the appointment of new Chief Commissioner Mr Shane Patton APM in July 2020, and a chance at a new beginning. There is pleasing early evidence of an awakening of policing in this State.

The CAA has been involved in constructive dialogue with the Chief since his appointment and was honoured recently by the Chief accepting an invitation to be the keynote speaker at our AGM.

CCP Patton addressed the membership and set out his philosophy for policing. The address by Patton had one veteran commenting, “This is music to my ears” and the CCP’s Staffer observing he detected an overall feeling of relief by the CAA members.

Yet another non-police member of the CAA commented that what the Police veterans had been ‘banging on’ about for years was actually right.

The Philosophical approach for policing in 2020 and beyond, presented by the Chief Commissioner was;

Chief Commissioners vision 2020

A back to basics approach to community safety involving:

• Visible presence of Police on foot patrols at crowded places (e.g. shopping centres and transport hubs) and patrolling main arterial roads.
• Relentless enforcement.
• Targeting of high impact, high harm offenders.
• Focusing as well on general crime, road trauma, family violence and counter-terrorism.
• Crime prevention.

Community engagement to:

• foster trust and confidence in Victoria Police.
• Demonstrate our transparency and professionalism.
• Maintain satisfaction with policing services.
• Encourage contribution from the community regarding safety.

Acting decisively and positively with:

• Integrity
• Clear direction, expectations and spans of control.
• A sense of obligation to act on issues as you come across them.
• Decisions made at the appropriate level.
• Deadlines and commitments met.

Safeguarding our workforce by:

• Continuing to promote mental health and wellbeing, including:

• • Proactive support and early intervention.
  • Building resilience levels and strategies.
  • Timely and accessible services for those seeking help.
  • Actively supporting staff to return to work.

• Continuing to improve the physical safety of our workplaces by:

• • Ensuring we have the safest policies and practices in place.
  • Monitoring that staff are applying these policies and practices.
  • Constantly scanning for better policies, practices and equipment.

Demonstrating our commitment to fairness, equality and diversity through:

• Transparent and defensible decision-making.
• Gender equality in opportunities, selections and promotions.
• Deliberate action to diversify our recruitment and development pools.

 Reforming our service delivery model by:

• Rethinking the services we provide and how we provide them.
• Considering what services we should stop, start or expand.
• Updating our operating model to operationalise our service delivery reforms.

There are a substantial number of synergies between the CCP‘s philosophy and the CAA position. Given this alignment, the CCP has initiated a protocol with the CAA to enable effective and seamless communication, allowing the CAA to better support the CCP and Victoria Police.

It is one thing to have a sharp focus on what needs to be done; it is another to ensure it translates across the Force into Police operations and procedures. Only time will tell, but at least a solid foundation is now in place to build on.

There are many challenges ahead for the CCP, and by our assessment, CCP Patton seems to be up for it; however, there is an obligation on all Police members and veterans too, where possible, support his endeavours and give him a chance.

We would liken the challenge he faces, to turning the Titanic heading for an inevitable Armageddon.

It will take a mammoth effort to correct the path, and we all need to provide any help we can.

It was of interest that the CCP during his address was adamant that Veterans are part of the Police family, something many of us have questioned over recent years. It was encouraging to hear that the CCP has already introduced initiatives that are more than just an extension of the lip service offered to previously.

Amongst the most significant challenges VicPol faces is a substantial percentage of the Police workforce, through no fault of their own, do not understand the concept of ‘Esprit de Corps’ let alone the fundamental obligations and role of being a sworn Police member. They may have learnt it by rote but fail to grab the concept.

They have been recruited on the mythological concept of “Anybody can do it”, rather than ’ It is not just a job but a way of life’. Over time, the recruiting and selection processes have been so compromised; basically, anybody can get in. How many are capable of fulfilling the police role adequately is problematic.

This Myth has seen many Police recruited that are not suitable for Police work and has created the monumental management headache that recruits are looking for a desk job on average just four years into their career. That is the average, so presumably, many do not last that long before seeking refuge from operational Policing when the harsh reality of Policing kicks in, and the novelty wears off.

The irrefutable fact is that if Police are recruited on their suitability to perform the Police function, physically, sociologically and psychologically, all the advantages supposedly addressed by recruiting from a broad-church, will be rectified and the need to recruit to achieve diversity and reflect social minority causes will evaporate.

Nothing is more effective than a good Police member supported by adequate supervision and all the other alleged social deficits needing the broad-church approach, will not be required. Pursuing a diversity biased selection process can create unintended victims. The very people that are recruited can end up suffering and fail as Police.

No more than a CAA suggestion; suitable Veterans who are interested could mentor some of these junior Police. With their experience and life skills, guide them through the various mires of Policing. A phone call here and there or an occasional cup of coffee could make a massive difference to a junior members performance and resilience.

That is an area Veterans may be able to assist the Chief Commissioner to achieve his goals for the Victoria Police Force.

CHILDREN STRAIGHT TO HIGH-END CRIME – we have caused it

by CAA | Jan 29, 2021 | Library, Uncategorized

29th January 2021

No respect for Police or authority, we have caused that too.

Children are not born with inherent criminal dispositions; it is a learnt trait; as clearly as a child who does not display a criminal resolve that is equally the product of learnt traits.

The starting point for accumulating these life traits is shortly after birth, progressing through things as necessary as feeding, ablutions, social interaction and an infinite number of other life fragments to form the traits that evolve; good or bad.

There would be very few if any parents who deliberately set out to instil a criminal bent into their children, although there are no doubt many parents who lack good parenting skills, through no fault of their own, who may contribute.

The importance of good parenting transcends the significance of all other skills of a child’s mother or father and a task for which there is no training or accountabilities.

Children do not learn to walk by themselves; they are nurtured and encouraged, guided and motivated by their parents. That process is a continuum for many of their formative years, teaching a myriad of skills and building a persona.

At a very young age, children are taught boundaries and the consequences of breaching them. “Do not walk so close to the edge you will fall over and hurt yourself”.

The common denominator in all of this is the repetitive nature of learning and the necessity, no matter the challenge, for encouragement and goal setting, with achievement recognised; boundaries are also necessary for their safety and survival.

The consequences of breaching the boundaries are the most effective deterrent, to avoid the rules being broken and the child or young person being hurt.

Remove the deterrent, and adverse outcomes occur.

Why sectors of or community, unfortunately in positions of power, are so determined to remove all consequences and deterrents from young people is a social disgrace and the young people for whom this is paradoxically allegedly designed to help end up the victims in the end.

Consistency is the key. The consistency needs to run through society from early childhood development, education, sporting organisations and other social activities, to policing and the courts. Instead of operating in the isolation of their perceived values, consistency across the board needs to be implemented.

A policy framework to achieve this would not be all that difficult.

The latest crime figures highlight that it is not the children or their parents, causing this phenomenon of children entering crime at the high end, but we as a society. They do it because there are no consequences; in their mind.

At least one presumption is not based on any empirical data in the Herald Sun Article of the 28^th of January, the headline.

‘Kids graduating straight to violent crimes’.

We would argue that all this implies is that young perpetrators may not have been caught for a minor crime, and petty crime may not be given the focus and priority it requires. Like many social issues, this criminal activity must be targeted at the formative stage, not after the trait has manifested.

An unknown author once said, “Criminals and drug addicts are made by the time they are six years old”, there is some truth in this.

Young perpetrators not being dealt with for minor crime or anti-social behaviours with consistency and consequences lead to the learnt skills that create a serious crime bent.

A lack of respect is also a learned trait. The vast majority of children grow up through their formative years with little discipline and any form of consequence for crossing the societal boundaries on behaviour.

We have reached a stage where consequences or punishment are near taboo.

A recent experience where a young mother was rationalising in great detail with a toddler over behaviour in a supermarket aisle made me shudder as what that child may mature to be. A three-year-old has not the cognitive skills to process the tirade, and it was an absurd pantomime.

The traditional deterrent used by parents, “Do that, and you will end up in jail”, has long been debunked and nullified by the allegedly enlightened progressives and reinforced by the judiciary causing a lack of support and enthusiasm for parents and Police to take action on minor matters.

In our modern, so-called,’ informed society’ where fanciful ideologues rule, we need to re-examine our societal structure in a pragmatic way to reset and address these problems. Otherwise, the trends will continue and increase in severity and frequency.

We would also argue that our society relies on Police as the arbiter on behavioural standards, compliance with the law. The lack of respect for the Law and Police is a matter of grave concern and is part of the root cause of the current problems.

‘No perpetrator ever commits a crime if they think they will get caught.’

That is irrespective of age or the bungling stupidity of the rationalisation that a perpetrator may display.

On the issue of respect, it has to be learnt or taught the same as any other trait; it cannot ever be assumed, as the current approaches seem to favour.

The ideologues currently pushing for young offenders to have their crimes expunged are just feeding this phenomenon where young people interpret this as a free pass. Although the arguments are perhaps laudable to some, the irony is that it actually hurts the children that it is allegedly trying to protect.

The ideologues are so startlingly naive that they do not realise that peer pressure on young people would include the rationale that nothing will happen to them if caught because of their age. So, the progressives’ efforts are thwarted by this naivety, and underage perpetrators are therefore an attractive proposition for older crooks.

The young people this is designed to help do not read the newspapers or listen to debates in parliament when these things are dealt with but are influenced by social media where the authors of negative incorrect messages created by some ill-informed noggin heads are considered gospel.

We do know that the likelihood of a positive response from a young person is generally towards somebody they know or can relate too. Therefore, it is imperative that young people in their formative years are exposed to Police with whom they establish a relationship and learn there is a person in that uniform they can connect with. Where the boundaries stand, are as equally important as the consequences of breaching them— this interaction is critical in supporting parents and educators rather than in a contest with them.

These relationships are vitally important and essential if we wish to reign in (and protect) these miscreant children and achieve a level of respect for our laws or society norms.

It is time that policies are developed that are practical and effective, and the effort placed where it will have the greatest effect rather than, ‘tilting at windmills’ or ‘chasing rainbows’.

We can do without the Don Quixote approach currently in vogue.

CHILDREN STRAIGHT TO HIGH-END CRIME – we have caused it

by CAA | Jan 29, 2021 | Library, Uncategorized

Top police lawyer referred for investigation

by CAA | Dec 15, 2020 | Library, Uncategorized

16th December 2020

The original version of the publication contained a reference to Mr Findlay McRae managing Ms Gobbo as a human source. This is incorrect and has been removed. Mr McRae was not involved in the management of Ms Gobbo as a human source.

 Interesting that, ‘the powers that be’, have decided to refer the head of the 600 strong Victoria Police Legal Services, Findlay McRae, to the legal regulator who polices the Practising Certificates of lawyers, over his role in the Lawyer-X debacle. Very embarrassing that this head of a Legal Department with rooms full of lawyers can get something so legally wrong.

However, this referral to the Legal Services Commission all seems a bit strange and disjointed, a bit, ‘cart before the horse’ esque. It has all the hallmarks of another catastrophic debacle in the making; as if we need another.

As we pointed out in our recent article, ‘LAWYER X – it’s not just the cops’, the potential exists for a number of police as well as legal practitioners to face serious criminal charges over Lawyer-X, and the Government has announced that they will appoint a Special Investigator to deal with these matters and make recommendations for any prosecution to the Director of Public Prosecutions. In our view that is the appropriate course of action.

There has always been a hierarchy of legal processes, with any criminal law matters preceding civil matters. It looks remarkably like the Government has chosen to ignore this principle raising some interesting issues.

With McRae fronting the Legal Services Commission before any criminal investigations start, is a bit like the police being dealt with by the police internal discipline system before their role in whatever malfeasance they are alleged to be involved in, is investigated. That would be inappropriate and like the Legal Service Commission probe, could jeopardise any criminal prosecution.

This also leaves Chief Commissioner Patton with a quandary. Patton can hardly leave McRae in charge of the Police Legal Service where his professional standards compliance is critical, while they are under review.

.Complicating matters is that we know that Assistant Commissioner Luke Cornelius also played a senior role in the management of Lawyer-X.

If the circumstances relate to one, they should equally apply to the other, and any number of other lawyers within Victoria Police and lawyers engaged for various aspects in the Gobbo legal stoush; spanning many years.

It is beyond reasonable belief that all the internal and external lawyers used to defend the exposure of Gobbo were unaware of her role. If they claim they did not know, then what were they defending her identity for or from? Why any of them didn’t have their professional ethics piqued, is amazing and an indictment on their profession.

The Legal Services Commission, if they do their job, are going to be very busy. However, as the fallout of this Royal Commission will improve policing it may also improve the ethics of the legal profession in this State. Both very desirable outcomes and will be applauded by the majority of lawyers and police who are ethical.

In our view, both lawyers McRae and Cornelius should be stood down from Victoria Police, and for that matter any other lawyers in the employ of Victoria Police that took part in any matters relating to Gobbo until an investigation can make recommendations on their ability to continue to hold a Practising Certificate. Likewise, law firms engaged by VicPol on this issue should be sidelined until the ethics of their lawyers can be reviewed.

Sworn police members who are subjected to investigation that could impinge on their duty as sworn police are suspended regularly until the matters are resolved. That same principle must apply to lawyers until their Certificates to Practise are reviewed and a conclusion reached. This is separate and distinct from any criminal matters that may be alleged against them.

The public will not accept being policed by police who have serious crimes alleged against them, and that is not unreasonable. However, in our view, those same principles should apply to legal practitioners. The public is entitled to know that lawyers with serious criminal and or professional matters alleged against them are not performing any legal functions.

In the case of lawyers, this is more important for internal police lawyers because in their legal function, preforming their normal roles, they could easily become involved in matters that become serious conflicts of interest.

The most significant risk, of course, is that the Special Investigator, yet to be appointed, starts with at least some targets already under investigation in another jurisdiction operating at different legal standards which could well end up compromising the criminal investigations that are to come.

The other risk already manifesting is that the Government will approach the findings of Justice McMurdo in a piecemeal, uncoordinated manner, so we may never know when this issue is completed. This approach exposes the risk of conflicts in the processes ending up with a nil-all result.

Prior to the appointment of the Special Investigator, there needs to be an independent  Commissioner appointed to coordinate the response to the Royal Commission findings or like many Royal Commissions and inquires past there is a likelihood of,‘ Cherry picking’ findings, and in the end those responsible not implementing or diluting the recommendations made. The Black Saturday Royal Commission springs to mind.

As the fictional character Sir Humphrey Applebee of ‘Yes Minister’ fame would say, ‘the governments come and go but the public service is here to stay, so we only have to wait for an election and no matter who wins we have a clean slate and we continue on as we always do’.

That is not what Victorians need or deserve; we want ethical delivery of legal services in this State.

The CAA calls on the Andrews Government to appoint a review Commissioner who can ensure that the recommendations of McMurdo are implemented in a timely and professional way. This same Commissioner could look into the Quarantine Inquiry and provide the same service.

LAWYER X – IT’S NOT JUST THE COPS

by CAA | Dec 6, 2020 | Library, Uncategorized

6th of December 2020

From the outset, it must be made clear that the CAA does not support the use of lawyer Gobbo by the Victoria Police in the way it was done; it was unlawful, and Gobbo and the executive Police responsible must be held to account before the Law.

Generally, we support the findings of the Royal Commission however we do diverge on a couple of issues.

Although the actions of many involved below the executive of the Victoria Police in our view were perhaps unlawful, the Commissioner has failed to give due weight to the structural pressures and influence on many of the subordinate offices involved in this controversy.

Throughout this saga, Police directly involved were managed by the highest levels of Victoria Police, the Chief Commissioner Overland who has a Bachelor of Laws, and his executive command with Assistant Commissioner Luke Cornelius, a Lawyer.

Whether they were certified to practise is a moot point, what is beyond debate is that they both should reasonably expect to have a high understanding of the law and the unlawfulness of the program they sponsored. The knowledge they possessed strengthens their authority not diminish it.

Added to that authority, was the then head of the Office of Police Integrity (OPI), the forerunner of the IBAC. This independent oversight authority was part of the command team running the Gobbo affair.

Reinforcing the belief that the actions of the subordinates were legal, the OPI senior representative was none other than Graham Ashton, the penultimate authority on Police behaviours legal and otherwise, the Police watchdog. From the communities and rank and file of police perspective, he was believed to be totally independent, but he was not.

Ashton subsequently became Chief Commissioner and by his appointment was responsible for the multi-million dollar expenses to defend his and others, un-tenable position in this affair. A whole other matter of conflict of interest, not only in his role as deputy head of OPI but authorising expenditure that was designed to have outcomes from which he could benefit, has not been properly canvased.

Police members would also be well aware that Victoria Police has a substantial internal Legal Department, so it was not unreasonable to assume that their actions were lawful and had legal oversight. That the command chose to ignore or not seek a legal input is hardly an issue that would exercise the mind of subordinates, their bosses in their view would have that covered.

In the normal scheme of things, the subordinates would not have access to the force legal services and would never question the legality of what they were directed to do.

When you are managed by such a formidable and unassailable authority that this management team possessed, it is very understandable that many of the processes were not questioned.

The CAA is of the opinion that this infers that no legal advice, independent or otherwise, was sought and that is incredulous, and does not pass the ‘pub test’, by any stretch.

To accept the proposition that no legal advice was sought, then we must accept that two police who have legal training in the police leadership team, failed to discharge their duty. If they were Officers of the Court, they should be struck off, if not they have embarked on ‘perverting the course of justice’ an egregious offence striking at the heart of the legal system.

That the in-house police legal team knew nothing and when they did, did not attempt to fulfil their duty as Officers of the Court was also reprehensible conduct.

This groups activity are only marginally less egregious than the police executive who are legally trained. The in house lawyers were, ‘inside the tent’ and it is beyond reasonable belief that they were unaware of such a significant project involving Gobbo or 3838, as it was widely rumoured, within VicPol in that era, there was a ‘Supergrass’.

As was tendered in evidence at the Royal Commission, it was assumed by some the ‘Supergrass’, was Lawyer Garde-Wilson. So from early on, the rumour mill identified a lawyer was involved. In a damming indictment of their so-called professionalism, the legal practitioners failed to identify an inappropriate relationship irrespective of who the lawyer ‘Supergrass’ was.

Then Chief Commissioner Nixon who also apparently failed to get legal advice. If she had done her job, this matter would not have escalated to where it did. Nixon would have us believe she had the wrong lawyer. But as Nixon was Chief Commissioner it beggar’s belief that she did not know, even more so when there was evidence Nixon attended task force meetings. And again we have the situation with Nixon that she knew a lawyer (all be it the wrong one) was a ‘Supergrass’ and she failed to address the issue when she should have known that using any lawyer as a ‘Supergrass’, was fraught with all sorts of dangers, but she took no action to satisfy herself of the legality of the situation.

If we are supposed to believe that Chief Commissioner Nixon was not privy to the identity of the Supergrass when attending the task force meetings, then we would believe in fairies at the bottom of the garden. This proposition is as preposterous, and it is silly.

The role of in house VicPol legal services lawyers in this artifice are at its best wilful omissions that must have involved overt acts to hide their knowledge. At worst their actions were as criminal as some of the police.

Then there is the huge gaggle of lawyers involved in defending the actions of Victoria Police who we are to believe did not know anything, is beyond the pale. They too failed in their duty as Law Officers and their duty to the Court.

In no way to be construed as defending the perpetrators of this artifice, the command of Victoria Police; members of the legal fraternity must share responsibility.

As with the police, it is imperative that the community once again should have confidence in the legal system and of an equal imperative is also to have confidence in the legal practitioners as a whole because the damage done to the whole profession by a few, the same as with the Police.

The legal fraternity must address the trust deficit and to rebuild that trust, action must be taken to ensure that the lawyer’s obligations as Officers of the Court can and will not be abused in the future.

Though it was outside the terms of reference of the Royal Commission, and a sceptic may suggest deliberately so, lawyers who knew or should have known what was going and on must be held to account, as are the police or the long shadow of this saga will not fade.

It is also not good enough that there is a suggestion that Gobbo will never be held to account for her crimes as extradition restrictions make it improbable. If she is not prepared to appear to defend her actions when held to account, then that is a decision she makes and in her case an informed one. Even if it requires new legislation, absconders must face their obligations even if it is ex-parte and they are sentenced in absentia. Convicted absconders can choose their own jail and live with an INTERPOL Red Notice; in perpetuity if they choose.

As for the members of the bar who so dramatically failed in their obligations, they must be, struck off.

Charging some serving and former police executives with criminal offences is essential to help rebuild trust; however, not something we would normally concede, we feel that in this circumstance the concept of ‘Nuremberg defence’, should apply to many of the police subordinate operatives.

If the Lawyer X job is done correctly, then the likelihood of a repeat is diminished to minuscule, but to deal with the police and not the lawyers is only halfway there.

The real test of the resolve to deal with this matter in its entirety is reform.

There have been many innovative reforms proffered for Victoria Police, and the Chief Commissioner has adopted them, and that is valuable for Victoria Police.

The glaring anomaly is the lack of reform being imposed or initiated by the legal fraternity. Partly driven by the lawyers collective hubris and further by their denial, their go-to position.

The legal fraternity suffers wide self-inflicted community derision for failing to undertake desperately needed reform so that  lawyers have a proper mechanism to deal with lawyer whistle-blowers and establishing an independent legal authority to adjudicate on matters that push lawyers towards a conflict of interest or breaches of their oath or obligations as Officers of the Court.

The challenge is for lawyers as much as it is for police, the police are doing something, will the lawyers?

Perhaps we will have to rely on the journalists again to expose the truth.

BOURKE STREET

by CAA | Nov 23, 2020 | Library, Uncategorized

24th November 2020

The Inquest into the terrible tragedy that unfolded in Bourke Street Melbourne on 20th January 2017 has now concluded, and we acknowledge the difficulty that the Coroner, Her Honour Jacquie Harkins, faced and her sensitivity in handling a significant and challenging inquest.

The CAA has restrained comments on this terrible episode; however, it is now appropriate that we should raise our concerns that can be considered as an adjunct to the Coroners recommendations.

We acknowledge that the findings of the Coroner are generally sound, but we are of the view that they have not gone far enough. Technology-based protection, the issue of Victoria Police Culture, as it then was, and the culpability issues have not been fully addressed.

The CAA is disappointed that the opportunity to use technology has been again overlooked. Since 2016, the CAA has been encouraging the State of Victoria to adopt new technology to avoid just this sort of incident.  https://caainc.org.au/the-g-tag-a-new-paradigm-in-community-safety/.

The technology we refer to can stop or disable a vehicle that poses a public risk. The technology capable of this already exists in many new vehicles and the components that function well, have been in the commercial space for many years, it only needs coordination to achieve this resource for the community good.

The application of this technology will save lives now and into the future.

The Bourke street massacre was predictable and inevitable. Given overseas experiences that vehicles would be used as a weapon, either against an individual or many. Whether motivated by ideology or mental instability, there will always be the risk of somebody deciding to use a vehicle as a weapon, and it will happen again. Likewise, it cannot be discounted that criminals will resort to the vehicle as a weapon in certain circumstances.

We again call on the Government to look seriously at the CAA G-Tag proposal.

We were also concerned at the focus of the Coroner on the lower ranks of Victoria Police when referring to a negative culture.

We think this criticism avoids the real problem within Victoria Police that contributed substantially to police failures but has not received the attention the failure deserves.

The coroner overlooked the equation of 452 + 1 + 40 x 10 = 0, even though it looks wrong.

That equation represents the number of Commissioned Officers in Victoria Police, plus one Chief Commissioner who had a staff of forty at the time who must have known of this incident or should have. The ten represents the duration of the event in hours and the zero, the number of Officers who took command.

It beggars belief that with over four hundred and fifty Commissioned Officers of Inspector and above within Victoria Police, not one felt that they should take command, or inquire who was in command of a serious incident that spanned some ten hours.

It was left to an Air Observer in the Police Helicopter to issue decisive instructions for action in Bourke Street. Not an Officer to be seen or heard.

Every Police Commissioned Officer should accept a moral responsibility to refer to their diary and determine what they were doing for that critical ten hours. Then where appropriate, reflect on their failure to the Police members involved, all Victorians, and in particular the six who died, the twenty-seven injured and all those adversely impacted by this incident because of a lack of leadership.

Then each Officer should then undertake some serious introflexion as to whether they have honoured the Commission they hold and the Force they serve.

Therein lays the cultural flaw, a failure to take responsibility, a failure to take command and a failure to accept responsibility. The officers are paid the big dollars in the organisation but are exposed to the least risk, which must change.

Leadership must be reinstated.

The much-hackneyed phrase, ‘a creeping assumption’ has eroded the Command and Control that the operational police are entitled to expect from their Officers and leaders‘, that erosion has caused the Commissioned Officers role to morph into one that avoids accountability and responsibility, both traits they expect their subordinates to display.

This phenomenon is the root cause of the overall problem, and the responsibility for allowing this assumption to evolve rests with only one person, the Chief Commissioner of that day.

The removal of all Officers from direct operational Supervision has been a major structural failure. There is no longer direct command support of senior police to the operational realities faced on the ground by police day in day out. This disconnect has an adverse effect on the organisation as the senior ranks lose touch with the issues faced by their staff.

It is disappointing that the Coroner did not lay the blame where it should lay instead of generally skirting around accountability.

This disaster is falling into the big basket with a number of other substantial failures of Government and or its agencies where nobody is held to account.

The failure to hold people to account for their actions, or lack thereof, is a disgrace.

Did Victoria Police apologise for failing the victims?

Yet again, it was left to a Senior Constable during the Inquest to deliver the sort of apology that the victim’s relatives needed, and to which they were entitled.

Chief Commissioner Ashton should have issued that apology at the Inquest in person, and it will be to his eternal shame that he did not.

It may bring the downfall of a few Departmental heads and their Political masters before the penny will drop that their comfortable jobs and huge salaries are not a gratuity from the people whose taxes provide the largess they enjoy. We expect a quid pro quô; do your job and make sure the part of the organisation you are charged with leading, functions to best practise, because, if not, your tenure should be far from guaranteed – that is accountability.

We are confident that Chief Commissioner Patton will move rapidly to address many of these issues and we call on the Government to support the Chief in this endeavor.

Additionally, we call on the Government to legislate the mandatory installation in all vehicles of the GPS technology described in our G-tag proposal, with the creation of an allied facility to operate the system.

A world-first that will contribute to Victoria being again the state of Innovation.

Recall – a necessary safety valve for Victoria.

by CAA | Nov 4, 2020 | Library, Uncategorized

Fixed four-year terms for the Victorian Parliament were introduced almost 20 years ago. The rationale was simple – to provide certainty about the date of the next election and prevent Premiers from gaming the system by calling snap elections at a time that suits them politically. After almost 20 years, we are in a position to state that it has certainly achieved the first, but I believe it is only partially successful on the second.

In relation to the second aim, it has prevented Premiers calling snap elections at a time that advantages them, but it has clearly failed to prevent a Premier from gaming the system. All it has done is force a change of strategy. Now, instead of calling an election on the back of some good polls or opposition turmoil, a Premier can do all of the tough stuff in the first two or at most three years of the fixed term and ignore any howls of outrage, knowing that in year four, the charm offensive can begin. Roll out the funding announcements, the grants to favoured organisations and the promotion to important positions for leaders of key groups. The Grinch becomes Santa Claus and suddenly, courtesy of the famous short memory of voters, the government is back in favour and cruising to victory.

During the Grinch phase, The Premier can ignore the howls of protest for a simple reason. He or she cannot be forced to an election. The same legislation that gave us fixed four-year terms also gave Premiers an impregnable position. While they maintain the support of their own party they are safe. An election can only be called if the House passes a “No confidence” motion (and that won’t happen while the Premier has control of the governing party) or if the Upper House blocks a Bill the Premier deems important – and a Premier is going to do that only if it suits the government politically. In the unlikely event that the Government is in a minority and relies on the support of a small number of cross-benchers, the Premier will already have a signed agreement from them for support for both the budget and “No confidence” motions. This support will, of course, have a range of “goodies” attached to it to ensure compliance. In the past, it has included the return of a passenger train and water for a river.

The use of emergency powers may compound the issues outlined. By declaring a State of Emergency or a State of Disaster, a Premier may effectively dispense with the Cabinet process and effectively sideline Parliament. These two bodies are keystones of the Westminster democratic system. They are designed to be forums which advise and support the Premier, but which also constrain and temper a Premier’s ambitions or excesses. Without them, people’s rights and freedoms can be extinguished at the stroke of a pen. Who knows, no-one may remember whose pen signed the paper.

Thus what seemed like a sensible reform to remove a perceived fault in our democratic process appears to have its own inherent flaws.

It does not take much imagination to see how badly these powers may be misused. Not all despots seize power by force, quite a few have been freely elected then subsequently over-stepped the boundaries.

I believe Victoria needs a safety valve to cope with such a situation. One option is the Recall Petition. These operate in differing ways in Europe, the USA, Canada, Asia and South America. It is a limited form of direct democracy – one which firmly entrenches power in the hands of the people, not the government. This is as it should be, after all, they were elected to serve those very people.

In essence, the Recall process allows petitioners to force an election, by gathering the required number of signatures supporting the call. It can apply to an individual MP triggering a by-election or to the government, causing a general election.

While the application of Recall to specific MPs is effective in dealing with individual cases of corruption or malfeasance, the situation outlined above requires a whole of parliament approach. This currently exists in Bavaria where a petition signed by 1 million voters will trigger an election within 6 weeks. Like Victoria, in Bavaria the Landtag (Parliament) has fixed four-year terms. Bavaria has a population of 13 million, so a similar provision in Victoria (pop 6.4 million) would need 500,000 signatures. Obviously, this is a herculean task, but if the situation were grave enough, I believe it could be achieved.

The mere existence of a Recall provision may be all that is needed. No government would want to face one, so they are much more likely to heed the voice of the people. They are also likely to be more protective of traditional democratic rights and liberties if the potential of a recall petition was waved. If its mere existence is not enough, the actual launch of a petition would send a shiver down the spine of the despotic or the corrupt. The daily reporting of signature numbers would have a salutary effect.

Bavaria is evidence of this effect – there has never been an election as a result of a successful recall petition there, although in 1924, the Landtag voluntarily dissolved itself in the face of a petition. A similar thing happened in two other German states.

The Community Advocacy Alliance believes a Recall process will improve the strength of Victoria’s democracy and improve governance. If you would like to support this call, we have a petition running at https://www.change.org/p/petition-to-the-legislative-council-of-victoria-give-democracy-back-to-the-people-with-recall-elections?redirect=false

Steve McArthur

CAA Board Member.

Don’t Blame The Police.

by CAA | Nov 1, 2020 | Library, Uncategorized

2nd November 2020

The COVID 19 pandemic has resulted in many people feeling palpable anger towards the Government, and Victoria Police has copped its fair share as the visual function of the Governments decrees. Some of the criticism of Police is justifiable and regrettable, but, when looking at the facts, perhaps the community should not judge Police so harshly.

The first waves of backlash against Police started with the Back Lives Matter Demonstration response. Predominantly that was the Government offering tacit approval leaving Police in an invidious position.

The establishment of the Quarantine Hotels came next, and it has been well ventilated that the then Chief Commissioner Graham Ashton played a ‘part’, in Police not being used. The depth and acumen of that ‘part’, will be judged by others and is probably central to the Quarantine management issue.

The view of the CAA is that the Police should have been used, at least initially.

The Premier formed a Cabinet Sub-committee of eight to manage the Corvid Hotel Quarantine initiative. That the services of the body trained to deal with all crisis situations, Emergency Management Victoria, was almost wholly ignored was in our view, a grave mistake.

Clearly, many in positions of authority do not understand the difference between the Primary responders and the Disaster management functions. The blurring of the management of this disaster by ad hoc arrangements has a lot to do with the failures.

The response to disasters, if you want the best outcome possible is, leave it to the experts and keep the Politicians out, they have a crucial role to play in Disaster response, but that does not mean running the Disaster Coordination function.

Every part of this disaster response was done, ‘on a wing and a prayer’ by people without any disaster management training or experience. What could possibly go wrong with that approach?  Police were left to pick up the pieces.

The function of a Police service, as their charter demands, it to protect the safety of the community and not to do so is an abrogation of their responsibility. The community was rightly angered as it became known that the COVID spike was caused by a failure in the Quarantine security process when using Police could have mitigated the problem.

Police did not design the restrictions that were placed on the community, the Government did, allegedly operating on Medical advice. Even the draconian Curfew was not instigated by Police; albeit that Police were initially blamed for requesting it. A Claim later debunked.

Police were left to enforce draconian restrictions, on the instructions of the Chief Health Officer which Victoria Police were obliged to enforce under the rules of the State of Emergency and the Declaration of a Disaster by the Government.

Penalties to be imposed on those breaching rules were decided and imposed by the Government.   The now Chief Commissioner, Shane Patton was personally evaluating fines, and where appropriate exercising discretion, leading by example.

However, there was little room for the exercise of Police discretion in many incidents Police were faced with, and that was totally down to the individual’s behaviour.

With the litany of errors in the management of this disaster, it is understandable that Police were, on occasions, not prepared to use their discretion should they be held responsible for the further spread of this virus. Police were doing their duty, and they should not be derided for so doing.

The Chief Commissioner has said recently, that he is unable to determine how many prosecutions will ultimately occur because the Force is currently evaluating a large number of ‘pleas’, from those who feel they were treated harshly or those who simply cannot afford to pay the fine.

The CAA is proud to stand beside the Victoria Police members who did and continue to do, a magnificent job in exceptional and totally unprecedented circumstances.

Could the police members have done better?  Probably.  Did they make some mistakes?  Yes, and the organisation and members regret that, but when considered overall, it was a top effort by our Victoria Police.

Project Police PTSD- Case study 3844

by CAA | Oct 20, 2020 | Library, Uncategorized

21st October 2020

A 9.00 am shift for 3844 on a Saturday morning at a country Police Station started well enough. Still, the date of this shift and what was about to unfold is etched in the memory of many of the people directly affected, especially those who lost everything and the first responders who tried to avoid the carnage that unfolded.

This was Black Saturday, the 7th of February 2009, where fires raged across the State, and 173 people perished, 39 of them around Marysville.

Everybody was worried, Premier John Brumby had warned Victorians the previous days that this particular Saturday could be disastrous, as all indicators had rated higher than any time previously – the risk factor, was off the scale.

3844’s station got word of the Murrindindi Mill Fire that was heading towards Maryville.

Everything about that day as it evolved was horrifying, the unbelievably high temperatures by mid-morning with the extremely low humidity already making it difficult to breathe, and every intake of air seemed to burn. It did not take long, and smoke was added to the mix.

Police have an inbuilt mechanism that helps them to deal with these situations because they will not let their colleagues and the people that are in danger down under any circumstances. That draws them towards the disaster to deal with whatever occurs, suppressing their natural flight response and the occurrences of this catastrophic event unfolding in front of them would evoke the strongest flight response possible.

Everything on this day was telling the members they were in for it.

Up until this point, it was thought the fires could miss Marysville; however, precautions had started to be taken, with people evacuated to a nearby town out of immediate danger, but the catastrophe that unfolded with the 5.00 pm wind change was as unexpected as it was cataclysmic.

3844 ended up at both of the refuges where most everybody were, understandably, in a state of near panic. Families divided, concerns for people who had not made it to the refuge, and the member believed that one if not more colleagues were unaccounted for and could have perished.

3844’s duty was to reassure and show leadership or others would perish. Subsequently, the heroism of these unaccounted-for members was acknowledged with bravery awards, as should be the case.

The role of 3844 irrespective of any personal feelings or misgivings, fear or foreboding, was to be stoic above the mayhem, provide with the other Police, leadership for the people at that refuge, and above all else ensure they didn’t try to leave because 3844 knew that anybody heading back to the fire ground would have faced certain death.

Up until this time, there was very limited information available to Police on the ground, radios and mobile phones were at best problematic.

The 5.00 pm wind change fixed that, obliterating all communications in a flash, so the Police were left without any outside contact and just had to do their best.

All the police members directly involved put the welfare of citizens ahead of their own, true acts of bravery in extreme circumstances.

Clearly, unless you were there, you would have no hope of relating to the circumstances the Police, and other first responders, found themselves in on that day and where they acquitted themselves so well.

A matter that still burns at 3844, and no doubt others, was while they were risking their life dealing with a catastrophic event, their Chief Commissioner, it was reported, spent time with her biographer—probably waxing lyrical about her perceived career highlights, a trip to the hairdresser and dining out with friends.

It would seem that Chief Commissioner Nixon either did not heed the warning of the Premier or chose to ignore it.  By law, the Chief Commissioner was the State Disaster Coordinator.

We may never know, but this behaviour at that time will be a legacy Nixon will never escape.  As 3844 opined, “it was bad enough, but not having the Chief at the helm was devastating.”

This was aggravated when the police members subsequently found out what she had been doing. At the same time, death and destruction that she knew about, rained down on Victoria, does not sit well with many Police but particularly those on the front line that day.

The Chief Commissioner did end up arriving at the scene a day or so late and proceeded to ‘mother’ the members presumably in a futile and embarrassing attempt to atone for her poor leadership.

Her approach was viewed by the members as highly inappropriate, her condescending manner was embarrassing, “Can I get you a cup of tea dear”, with her arm around a member who shunned the approach very abruptly.

3844 approached a drink cooler for a bottle of water, and the Chief tried to intervene,” Can I get something for you, dear”. The member grabbed the bottle and took off, should the CCP attempt another cuddle.

In the aftermath, the Prime Minister visited the devastation, and 3844 saw the dignitaries coming on foot towards where 3844 was stationed and knew what they were about to encounter.

The member took the initiative to take up a position, which would shield the dignitaries from a grotesque appearance of a deceased person sitting in a burnt-out car that had not been moved because it was still a crime scene.

During the fires, 3844 was sent on leave as her house, and her family were still under threat from the fires. However benevolent this gesture, “you can’t do both”, 3844 felt she had done something wrong adding to the overall duress of the situation.

The horror had taken its toll, and 3844 was diagnosed with PTSD when seeking the services of a Marriage Guidance Counsellor who recognised the symptoms sometime after the fires. The member’s marriage was a casualty.

It has been a long road back, with periods of sustained and intense treatment, including hospitalisation and further complicated by other health issues.

The member, however, was back at work and getting on top of everything, and treatment was going very well with the member’s Psychologist quite happy with the return to work. Although no doubt both were optimistic, there was a way to go.

3844 has deep and unshakable respect and admiration for all colleagues and managers up to Senior Sergeant and then only an odd Officer, the rest not trustworthy or worthy of respect, was the member’s assessment.

After all that the member had gone through in the battle to return to work, the member was required to report to the Police Medical Officer (PMO).

That meeting did not go well with the PMO most put out, accusing 3844 of avoiding an earlier appointment (the member was away on leave when the appointment was made and had no knowledge of it).

What concerned 3844 was that the PMO had not consulted with her clinicians, a GP and the Psychologist responsible for 3844’s treatment in breach of the Workplace Injury Rehabilitation and Compensation Act 2013. Additionally, both clinicians had sought to contact the PMO but were ignored.

The member was concerned that the PMO had been ‘nobbled’ from above so that the member’s position could be freed up.

It would appear from what 3844 described, that the PMO either had not read or chose to ignore the Workplace Injury Rehabilitation and Compensation Act 2013.  In addition, the expert Guidelines on the diagnosis and treatment of PTSD by nine eminent specialists published by the University of New South Wales (UNSW) and endorsed by the Royal Australian and New Zealand College of Psychiatrists. Heavy hitters by any yardstick. A professional standard no less.

The PMO signed the Career ending report four days after receiving an email from 3844 “questioning the lack of contact with her clinicians”. 3844 also referenced the Simone Carroll incident in 2015, (Sadly Simone took her life with a service firearm) 3844 received an email the next day.

Career over and you are now a WorkCover responsibility.

That this news was delivered by email is disgusting.

The expectation would be that the PMO would have at least the courtesy of consulting with the professionals responsible for the member’s care and a plan developed to deal with the negative impact this news may have on the member.

At the very least, this news should have been delivered in a clinical environment with support mechanisms available.

And, that is how VicPol treats their wounded members.

Understandably, 3844 felt that she was just a number to be expended to free up a position to be filled by another number. Potentially 3844 had another twenty years to contribute to the organisation if she could continue to recover.

The fires may not have burnt 3844 in a physical sense, but the member sacrificed good health and now lives with the consequences.

Perhaps because the scars are not visible may explain but not excuse this deplorable treatment.

It should not be lost that the remembrance service in 2019 of the fires ten years previously attended by 3844 and many colleagues coincided within weeks of the member’s ill health termination making this outcome even crueller.

Many of the same people the member dealt with during the fires met the member again to express gratitude, oblivious to the pain the member had suffered.

One of the glaring anomalies that is a common thread in all the CAA, PTSD Case Studies are the management failures.

What appears to be absolutely lost on the organisation is that these people are sick. The organisation does not take care of its own.

It is like the organisation requires the patient to drive the ambulance.

The good PMO that delivered the news to 3844 by email has found another calling and resigned as a PMO which given his performance is a positive step for other sick members.

3844 has resigned to the fact that service to VicPol is at an end, but the organisation still mucks her around.

3844 was initially given formal Notice of Discharge at a date days away. That Notice was then withdrawn as it was in breach of the Workplace Injury Rehabilitation and Compensation Act 2013.

VicPol needs to get its act together, take responsibility for these debacles and fix it, it is not too hard, these are sick people.

The lack of compassion, decency and respect by an organisation that once boasted “We care” is beyond comprehension.

3844 was ill-health retired on the 19^th of October 2019, ending a 15-year career with Victoria Police.

The only glimmer of compassion was 3844 was allowed to choose the retirement date, completing fifteen years of service. Though 3844 could have fought the ending of her career, she did not have the energy for that fight with Victoria Police.

The common thread through the various stories we have seen, some published many we cannot, is that the management of Victoria Police in each case appears flawed.

With much fanfare, Victoria Police in recent years has trumpeted its efforts to help people living with PTSD, but prevention is a concept that seems to have been ignored. The new Chief Commissioner who has already indicated that he understands the importance of prevention in Policing and it will not be a big step to apply that principle to PTSD.

Ironically, 3844 has now volunteered to be part of the CAA Police Veterans In Schools Program.

‘CREEPING ASSUMPTION’? – EXCUSE OR A COVER-UP

by CAA | Oct 6, 2020 | Library, Uncategorized

6th of October 2020

Trying to discover who made the fateful decision to firstly employ, and then fail to manage the Security Guards used at the Quarantine Hotels, is indeed a very vexed question that takes some deft picking apart.

We know, for example, that the Premier announced the Victorian Government policy on the Quarantine Hotels program and in doing so told us that Police, Military, and Private Security would be used.

No ‘creeping assumption’ here, straight forward fact.

So we know where the use of Private Security started, albeit the third of the options to be used.

After the policy announcement we are told, the Public Service then has to ‘operationalise’ that Policy – nothing particularly startling or wrong in that.

But here is the murky bit.

We have learned throughout the Lawyer X Inquiry and the Quarantine Inquiry that Amnesia is as contagious as COVID amongst senior Government executives.

Former Chief Commissioner Ashton, unfortunately, has a particularly nasty strain of this amnesia contagion. Unless there is written proof, it would seem that everything else is a blur that Ashton cannot recall.

That brings us to the mystery of the ‘6 minutes’ where Ashton’s position changed from one of inquiry, at the start; and six minutes later, to one of authority that VicPol would not be used.

What happened in that six minutes is critical if we are ever to find out the truth.

As far as we can conclude, either Ashton took the six minutes to compose and change to the assertive tone of his own accord, or there was a conversation with somebody that gave him the confidence to exercise assertiveness.

What we do know of Ashton, responsibility is not one of his strong suits as demonstrated in the Coate Inquiry, and before that in the Lawyer X Royal Commission, so the chances that his strategic change was done without, what he determined as, rock-solid support, is so unlikely it can be dismissed.

We also know that anybody who stands up to or disagrees with the Premier are committing political suicide and will be thrown in the freezer or under a bus or both.

So that just about eliminates that this action by Ashton was his own initiative.

What we can also reasonably conclude is that whomever Ashton spoke with, whether by phone, email or otherwise, was somebody that had the ostensible authority. That only his police phone was checked still leaves the option of a ‘burner phone’ or any of the myriad of ways of communication available on the internet.

Given that all the prominent senior people who have denied on oath any involvement in the decision, that only leaves the Premier, and the one unidentified person who could speak as for the Premier with authority who could give Ashton the confidence he displayed. The Coate Inquiry has seemingly overlooked that anonymous person.

Is this an example of unelected and unaccountable political staff of the Premier’s office exercising authority beyond their remit? The one group not examined by the Coate inquiry.

It would be interesting to know what part any of them played in this artifice.

Ashton withholding the Police from the task was a deliberate action that has never been explained or justified. This is important, as using Police for Quarantine may well have avoided many of the subsequent deaths and severe lockdowns we have endured.

That the other aspect of Andrew’s policy on the management of the Quarantine facilities, that has not been explained, is why the Military was not used?

We know, contrary to what Andrews has claimed that a large number of Defence personnel were available.

Was the Premier misguided by somebody, did Ashton play a role in any part of perpetuating the myth of the unavailability of troops?

Or did the faceless staff play a role in these matters, perpetuating that myth?

To date, these critical questions have not been addressed in the public process of the Coate inquiry and to come to a conclusion, completing the task, all participants must be investigated properly.

The use of Private Security, in our view, was not a ‘creeping assumption’ but a series of deliberate actions.

There are over 800 Victorians whose lives have been cut short by this, contagion the seventh-highest death toll in Australia since the country was founded.

Surpassed only by the Small Pox epidemic in 1779 with 2600 deaths, the Scarlet Fever Epidemic of 1876 – 8000 deaths. The Typhoid Epidemic of 1910 – 2000 deaths, the Flu Epidemic of 1920 – 12000 deaths, Polio in 1955 – 1013 deaths and then COVID.

The families of the victims of this COVID pandemic deserve an answer.

It will also be interesting to see if the Coroner, His Honour John Cain Jnr, will open an inquest on the matter sometime soon. As these deaths are within his jurisdiction.

Failure to do so would be a further travesty that victims must endure.

A HEALTH DEPARTMENT POLICE FORCE WE CAN TRUST?

by CAA | Oct 5, 2020 | Library, Uncategorized

5th October 2020
Why is it important to look more closely at the issues surrounding the implementation of the Quarantine debacle on the cusp of the debate over the Omnibus Bill that is to be presented to the Upper House of parliament this week – it is a matter of trust.

The Omnibus Bill has one extraordinary and very dangerous part. The establishment of a Health Department Police Force – euphemistically called ‘Authorised Officers’.

The Quarantine debacle was not the finest hour for this Government. Now the same Government Department that was responsible for the operations of the Quarantine Hotels, the source of nearly all infections responsible for nearly seven hundred deaths, the seventh-highest number of deaths of any disaster in Australia’s history, wants to build its own Police Force, what could possibly go wrong.

‘Trust us’, is the plaintive cry of the Government, but trust credits are in short supply.

This part of the Bill may also be a Government tactic. While we are all focusing on the ‘Authorised Officers’, part of the Bill the rest may sail through extending the Governments unfettered powers for another six months and with current COVID trends, that is totally unnecessary and moreover dangerous.

The Reasons Party’s position in the first tranche of this legislation that it is extended, in monthly increments, was sensible and should have been adopted.

We have also seen the dismantling of our democracy and the removal of checks and balances, so to have a Government Police Force is a step too far towards permanent totalitarianism – something we are enduring now.

The normal scrutiny to keep things in check have been supervened.

The majority of the Government Cabinet has been sidelined; the Government backbenchers have also been sin-binned, lest they challenge the autocracy, and they collectively are all mere passengers.

The Governments party machine has also been stymied as the democratic function of the Government’s own Party has been suspended while the issue of the Branch stacking allegations is sorted. So, party rank and file are silenced and cannot challenge or influence the Government. A sceptic may view the suspension of the Party as a convenience for the Premier.

We note, the Liberal Party has conducted an audit of their membership to address any vote stacking without the necessity of suspending their party function, something Labour could have done but chose the option to close the machine down, very convenient.
We are confident that we as a State would not be in the mess we currently are, had the Labor party members not been silenced, whether they are elected members on the outer, or rank and file, there are many, many, good people in Labor who would speak up if they could. Under the current regime to speak up would be political suicide, such are the times we endure.

But back to the Omnibus Bill and its sting in the tail. Given the makeup of the Upper House, the Government is going to require a handful of the Independents to get this Bill up, so the decision that allows this Bill through including the new Police Force, rests with them.

We are relying on the independents to protect us from the tyranny of this bold step toward totalitarianism, a Government with its own enforcement arm as distinct from Victoria Police which is independent. Although many argue that VicPol is politicised, we do not subscribe to that view, particularly under the new Chief Commissioner.

If the independents fail us, they will be held to account by the Electorate. Their decision will be critical for their future participation in Government. They will not survive, if by their vote the Electorate is subjected to another six months, until April 2021, of the State of Emergency. You can guarantee their constituents will be well reminded.

There are currently about sixty ‘Authorised Officers’ working in the Health Department, and we never knew of their existence, so well do they do their job. But, this new proposal, that is recruiting, anybody makes a mockery of these people who are all tertiary educated in the appropriate disciplines, where the new breed, will receive two weeks training to achieve the same status.

It also should be noted that the ‘Authorised Officer’ positions have been already advertised ahead of the Bill being passed, such is the hubris of this Government.

We also do not know whether we will see hundreds or thousands of these poorly trained super-powerful individuals skulking around our community?

We are confident that there will be plenty of applicants for the positions as many Security Guards are now out of work, and will come with invaluable experience?

The CAA calls on the Upper House to strike this dangerous Omnibus Bill down.

HOTEL NON-QUARANTINE; WHO PAYS?

by CAA | Sep 30, 2020 | Library, Uncategorized

30th September 2020

The hotel quarantine mess has been subject to judicial inquiry and we await its findings with interest. CAA’s focus is not on health but on Victoria’s legal system and this particular legal process, the Quarantine of persons entering Victoria seems fated to be largely ineffectual – but some points should be made now.
1. Joint Accountability. Much was made of so-called joint accountability, plainly in an effort to diffuse the blame attributable to any one person. We say joint accountability implies joint responsibility. Those high officials who stood aside and let this mess unfold – over so prolonged a period – all have been shown up as grossly incompetent or worse, and in the interests of the people of this State all should be sacked.
2. If we do not know who decided to engage private security personnel in a role for which they were untrained, unprepared, unsupervised and un-equipped then at least we must surely know that many of those “jointly accountable” people could not have avoided knowing the decision was doomed to fail from the outset. And without any shadow of doubt many of those people watched that failure unfold without attempting to take corrective action.
3. We frankly do not believe that such former or then-present high ranking police officers as Messrs Ashton and Crisp could have been unaware of the actual suitability of those private security personnel – and certainly they could not have been unaware of the crucial need for sound selection, training, supervision and control of such personnel.
4. We frankly find it incredible that the most senior public servants of this State failed to tell the Premier what they and every person involved in crisis management in Australia routinely knows – that the Australian Defence Force has an incredibly diverse and multi-skilled capacity able and ready to be rapidly deployed in aid of the civil authorities in a time of great need.
5. And something else we find simply incredible:
• so soon after there had been loud criticism of abuses committed by private security personnel in their ordinary roles;
• so soon after an inquiry into those alleged abuses, but without any remedies having been applied to those faults;
• NOT ONE of the “jointly responsible” officials who countenanced the employment of such personnel as quarantine officers during a fatal epidemic – countenanced without demur, it must be said – has been replaced as incompetent;
• the Government is now sponsoring proposed legislation to extend the power and reach of the Health Department finally identified as responsible for the quarantine mess!
Accountability implies the acceptance of responsibility and that implies paying a penalty for failures of responsibly carrying out duties for which one has been engaged. But who is paying for the hotel non-quarantine mess?
We are – the long-suffering public of Victoria. And CAA says this is simply not acceptable.