by CAA | Apr 30, 2019 | Library, Uncategorized
1st of April’19
We have been wondering about the just cause of some of the cases brought against Police by internal police investigation processes that we have become aware of. From the evidence that we have been privy to there is no way a similar case would have proceeded against a civilian. The reason? A lack of admissible evidence.
Admissable evidence, is or should be, the critical issue in determining whether there is a just cause to issue proceedings (and ruin a Police members career, life and family) in the first place, and whether there is any hope of establishing that the Criminal Act can be proven, “beyond a reasonable doubt.” So what is going on?
It would appear that some of these cases are no more than ‘giving it a fly’ and that is an abuse of power (corruption), using the judicial system as an instrument of punishment is reprehensible and indefensible.
Given some of the cases we have seen, the words of Lord Acton in 1887 writing of “power”, and the research conducted by Psychologist Irving Janis eighty years later when he coined the word “groupthink”, perhaps explains the modern phenomenon of, “judicial personnel management”.
Lord Acton said of power;
“Power tends to corrupt, and absolute power corrupts absolutely.”
It is clear that some police executives and police involved in internal investigations act as though their power is absolute.
Janis was a Professor Emeritus at Berkeley, and most famous for his theory of “groupthink” which described the systematic errors made by groups when making collective decisions.
The phenomenon of “groupthink” can produce dehumanising actions against an “outgroup.” This “groupthink” can explain, not excuse, the dehumanising of subordinate police ranks.
Not to be dismissed lightly in this discussion is the use within Victoria Police of ‘Matrix Management’ which was adopted about fifteen years ago when Matrix Management was the new go-to scheme for purveyors of management cultures.
This Matrix Management system requires important decisions to be made by a group rather than an individual. Apart from being extremely inefficient, this is distinctly the opposite of tried principles where the individual makes decisions relative to their authority, based on input from others.
How it could ever be envisaged that a management model designed for an American Software Company that failed, could be transposed into a police force is way beyond any reasoned person’s comprehension. Moreover, the really frightening thing is that Victoria Police still seem to embrace the concept which seems so entrenched. Sadly many newer police managers would not consciously be aware they are entrapped by it.
The actions of an individual in Matrix Management becomes immersed in the decision of the group with accountability the first casualty.
This hides mediocrity and incompetence. It also stifles excellence a trait that insecure more senior managers can exploit to secure their positions.
Matrix Management is a key ingredient in a recipe for “groupthink” because there are no consequences for an individual in the group.
It would seem that if a brief of evidence for a crime is assessed at a much lower rank in the police hierarchy, the lower ranking supervisors seem to be more scrupulous on burdens of proof and the evidence, rather than other influences spawned by “groupthink”.
The use of the judicial or disciplinary process as a punitive process is a blight on Victoria Police. The practice of “Judicial Personnel Management”, a weapon of “groupthink”, must be stamped out.
Any alleged miscreants in VicPol must be dealt with according to the law and legitimate legal processes not contrived allegations that suits the given narrative.
Currently, this “groupthink” and Matrix Management phenomena would seem to be at play in the proceedings reported so far, in the management of Lawer X.
In our civilised society, we are inclined to support the theories of English Jurist William Blackstone in 1760;
“It is better that ten guilty persons escape than that one innocent suffer”.
This principle should equally apply to Police, Lawyers and the public.
The suffering of innocents must stop.
by CAA | Apr 26, 2019 | Library, PTSD, Uncategorized
26th April 2019
It would not be hard to conclude that the horror stories that the Community Advocacy Alliance (CAA) have reported to date would lead readers to believe that these nightmares were confined to the “Other Ranks”, that is below Officer rank but alas for some Officers that is not true.
Although we are exploring several stories by former Officers, this one is particularly cruel with sad consequences.
The policy introduced some time ago to rotate Officers probably had some sound logic which escapes most of us, but it can and is used as a brutal, demeaning and soul destroying tool that allows bullies to specifically target individuals whom perhaps do not fit a particular “Corporate Model”.
Usually not related to any lack of performance the rotations or transfer for temporary duty occur without any consideration as to the impact on the member or their family so it can be doubly cruel. Moreover, because the members are Officers, they are supposed to cop it on the chin.
3845 was a Superintendent, by any standard a high rank in the Police Force.
He was very fit and a genuine outdoor type respected by his staff and the public alike. His greatest sin, having spent a good deal of his service in the country, was the popularity he enjoyed from his staff. His partner and friends judged him to be of the highest moral and ethical standards displaying a strength of character, not all are gifted with.
As a country Superintendent, he was surprised to have an Assistant Commissioner ring him out of the blue. Before any pleasantries could be exchanged and seemingly without hesitation, the Commissioner launched into a tirade about his character. He was accused of dishonesty and a raft of other allegations of crimes which he knew nothing about.
The Assistant Commissioner would not let him get a word in talking over the top of him in a relentless tirade telling him the Ethical Standards Department (EDS) were going to come and sort him out.
It probably did not occur to 3845 right at that moment, but this was an extremely odd way to run an investigation into serious misconduct of any member let alone a senior officer, ringing them up and abusing them with the allegations.
When 3845 eventually got to say something he told the Commissioner that the accusations related to a totally different geographical location where he had never worked. 3845 then determined that the Commissioner thought he was talking to another member. A completely different rank and work location with a different first name and two additional letters in his surname, that, when pronounced could not be confused with the Superintendent.
The response from the Assistant Commissioner having been caught out so embarrassingly was to hang up. No apology, no belated email or follow up call to apologise, nothing. The performance of the Assistant Commissioner over this incident goes directly to the character of the Commissioner, and you can be the judge of that.
Most of this rant was a blur as 3845 related the event to a trusted friend who was also a Police member he had known for many years. It was obvious to his friend that this event had taken a severe toll on somebody that the friend believed was very strong. No shrinking violet this man.
However, the Superintendent’s belief in the Victoria Police had been shattered by the event, and he took it all very hard perhaps because of his character it was such a damaging blow.
After this incident, his partner and friends started to notice this once robust individual was not as robust as he once was and noticed the stress was taking its toll, probably aggravated by the heroic Assitant Commissioner without the courage to apologise.
Aggravating the disposition of the Superintendent, he was sent to another Command temporarily, not rotated which is considered permanent at least until the next rotation. Unlike the rotations in the metropolitan area that can be very inconvenient adding hours to a days commute, the Superintendent was sent from one side of the State to the other, over 500 kilometres away; this one was a doozy even by Vicpol standards, probably a 5-6 hour commute, each way. With eight hours of work, presumably, sleep was not seen as necessary.
His predecessor had left many distasteful tasks unattended requiring 3845 to clean up the mess, so to speak. And what happened to his predecessor? Promoted of course.
The Department however generously decided to fund the Superintendent for a few months in temporary accommodation but soon that was withdrawn, and he was forced to, “couch surf” until he could find something.
How demeaning to treat any member let alone a Senior Officer like that. As most who have tried to get tempory accommodation in the bush can attest it is not easy with landlords shunning people who are looking for temporary digs.
Sometime later 3845 was towing his caravan on leave when he lost control and was involved in a serious accident where his partner was injured as was 3845. With the tyranny of distance, a superior officer to 3845 told him to take time off to look after his partner which he did.
At least there are pockets of compassion still in the organisation, but that compassion was soon shattered when another Assistant Commissioner rang 3845 and accused him of bludging on the system, the same system that located his workplace on the other side of the State.
This was pretty much the last straw for 3845 and his health now started to deteriorate at a faster rate. Shattered because he had given Victoria Police over forty years of dedicated service where he put Policing above everything else and the organisation he loved and served was now to destroy him.
When 3845 called into his mate’s place on the way back from a conference, his mate was shocked how 3845 had deteriorated and just how his faith in Victoria Police had been shattered. The toll it was taking on him, was frighteningly obvious.
He and the Superintendent’s partner eventually cajoled him into seeking medical help.
He was diagnosed with a serious health issue and died a little over twelve months later.
The contribution by Victoria Police to the premature death of this member is problematic but to rub salt, the support, with only one exception, during his illness was next to non-existent, including support for his long-time partner to consider her welfare.
The one exception was a Deputy Commissioner whom 3845 had attended Airlie Officers Course and developed a friendship with and he at least maintained contact the Superintendent. The heroes of this story, of course, nowhere to be seen.
The rotation system must be disbanded to remove a tool bullies can use to destroy any police they choose to dislike. It is essential that the Chief Commissioner has the authority to move personnel to meet operational and functional demands, but that should be the exception rather than the rule.
You may ask about the Victoia Police welfare support mechanisms, well just keep asking. A workforce of around 20,000 police members most on the frontline and an ineffective under-resourced welfare system, who is responsible?
It is very sad that the member died so relatively young but even more disappointing is how a once proud and compassionate organisation has been allowed to deteriorate to such a degree, callous and heartless would be our call.
What happened to the villain? Nothing as far as we know and neither he or the organisation has felt it necessary to express some contrition to the family. They are still waiting in vain.
Moreover, while the villain continues to return to his family, we can only hope his day of reckoning is to come, and he has to atone for his disgraceful behaviour.
by CAA | Apr 23, 2019 | Library, Uncategorized
23rd of April 2019
The Community Advocacy Alliance Inc. (CAA) has long advocated greater accountability for the Courts relating to sentencing practices. We, and the vast majority of the general public are appalled at the very lenient sentences imposed for very serious crimes.
This has never been more evident than in the sentencing of Ristevski for the Manslaughter of his wife, Karen.
Section 5 of the Crimes Act 1958 provides as follows:
“5 Punishment of manslaughter
Whosoever is convicted of manslaughter shall be liable to level 3 imprisonment (20 years maximum).”
Obviously, Parliament envisaged cases where the maximum penalty would be imposed. The CAA believes this maximum penalty has never been applied. This flies in the face of our elected Government’s legislation.
We are faced with Courts that repeatedly refer to a ‘sentencing range’ that they are bound to follow. The Courts also constantly refer to ‘average sentences’ not being exceeded. As a matter of logic, this must lead, over time, to a steady reduction in the length of sentences.
The High Court of Australia in the case of Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41 (11 October 2017) made a number of very appropriate rulings. It is worth reading the full decision.
Basically, the High Court determined that, while there were many factors required to be considered, each case must be considered on its individual merits and a plea of guilty did not alter the principles. Nothing could make more sense.
The CAA submits that the principles expounded in this Judgement ought to be applied to all criminal cases and that each case MUST be considered on its individual merits. No two cases are exactly alike.
While Ristevski may not be punished for his silence he ought to receive no benefit in sentencing for remaining mute.
Urgent reform of sentencing practices is required in the public interest.
The CAA is ever ready to contribute to that reform.
by CAA | Apr 10, 2019 | Library, PTSD, Uncategorized
Editor’s note:3843 has not (yet?) been formally diagnosed with PTSD, but the circumstances of this case are parallel to many who have been.
How would you feel if all of a sudden you found that there had been a major exposé on National prime time television alleging terrible things about you and you had no idea of the allegations and moreover no idea the matter would be broadcast by our beloved National Broadcaster the ABC on its flagship program ‘The 7.30 Report’? So much for broadcasters standards and ethics clearly they do not apply to our ABC.
Although your employer at multiple levels was aware of the impending broadcast, neither management nor the ABC sought to advise you, seek comment, or give you a chance to respond. An allegation that named 3843 alleging that he, was amongst other things,” A Police Officer who cannot be trusted”, an unchallenged statement left out there to dangle and ruin his reputation.
Now magnify your feelings by your employment and location. A Detective Sergeant in charge of a Criminal Investigation Unit (CIU) in a rural town where everybody knows almost everybody else and the embarrassment and humiliation would be acute. Add further to that, the allegation related to an alleged pedophile priest, and as any reasonable person evaluating 3843’s circumstance would understand how he would be gutted.
The allegation made was that he was friends with a priest and had been obstructing the investigation surrounding the priest.
An accusation 3843 strenuously denies. There was never any evidence to support the allegations.
The priest was arrested and charged over historical allegations and died before the matter could be tested at court. So his guilt or innocence was never determined but there would be no doubt he would have been convicted in the court of public opinion as would anybody associated with him.
When 3843 became aware of the broadcast, he immediately prepared a written statement setting out the truth of the matter and requested Victoria Police officially forward the rebuttal to the ABC. Victoria Police refused.
3843 at his own initiative within days of the broadcast, went to Ethical Standards Department (ESD) to provide and participated in a taped interview about the truth of the matters refuting the inferences and statements made and aired on the ABC.
An investigation was launched by ESD into the allegations.
Editors note: The word investigation comes up regularly in these case studies, and in its basic definitions.” An investigation is, “A search for the truth in the interests of justice in accordance with the specifications of the law.” Not a search for a truth that suits the investigator because that is not the truth and investigators indulging themselves in this practice should be severely sanctioned whether it is against police or others.
The ESD prepared a brief of evidence alleging 3843 ‘attempted to pervert the course of justice.’ This offence carries a maximum penalty of twenty years imprisonment, no half a sixpence worth of worry for anybody.
After what would have been a torturous six months the brief was assessed by the Office of Public Prosecutions (OPP), and the OPP declared there was insufficient evidence to lay any criminal charges. Pity ESD could not work that out saving a lot of money and angst. A formal apology at this time would have been appropriate.
Not to be outdone Victoia Police initiated disciplinary action against 3843 necessitating over some months further representations by 3843. The internal action was eventually withdrawn. Once again because there was no evidence to support this action.
3843 still lives under a cloud of suspicion even though no action was ultimately taken against him; he set about trying to clear his name.
3843 started by making Freedom of Information (FOI) requests to get to the truth as to why he was dishonestly targeted. This was a long process with obstructions placed at every turn with most of the important information withheld.
Just another example of how Victoria Police show contempt for the ’Model Litigant’ guidelines applicable to all Government Departments. This raises the question as to whether this flagrant disregard applies to all requests or just requests made about internal Police matters.
3843 is understandably passionate about getting the statements of the two members who made complaints against him so he can directly address their false allegations.
After many years of dedicated and loyal service to Victoria Police and the Community, 3843 retired, disgusted and disillusioned with the Chief Commissioner who refused to investigate his complaints against the two members concerned. A lawful requirement under the Police Regulation Act.
As in many like cases, there was no call or recognition from the organisation to thank 3843 for his thirty-six years of exemplary service.
The bulk of Victoria Police and in particularly hard-working detectives go about their ‘sworn duty’ to detect and prosecute civilian criminal behaviour, generally to the finest degree, twenty-four hours a day seven days a week. Regularly their families suffered as a result of their workload. 3843 like many other competent detectives, is very proud of his service.
Victoria Police and in particular their internal investigation departments far too often fail the same legal, ethical and professional standard that the Police they are investigating are expected to, and in most cases do, maintain. Senior police continually neglect to follow encourage and ensure the highest standards of an investigation searching for the whole truth. They possess a belief that they are above the rules and laws of our State.
3843 genuinely believes that Victoria Police fails to understand the general gist of the Freedom of Information Act (FOI). They improperly protect information that will disgrace or embarrass Victoria Police and in particular any information that may relate to a Senior Officer.
Their obstructionism and failure to be a good and decent Government Agency under the Model Litigant guidelines and policies is astonishing and limitless.
The Government must take responsibility for this behaviour and insist on the implementation of stringent measures to make Victoria Police more transparent and accountable. Complete transparency will build the confidence of police and the public in equal measure.
Affirmative action by Government will have the bonus of starting to rebuild more respect in the Victoria Police something that currently continues to wane.
As far as 3843 is concerned, it is not too late for Victoria Police to offer an apology to rebuild the ex-members character in his community.
The battle, for over a decade, continues for 3843, and we are unable to report on the matter further at this stage, but it continues.
To think a little effort and contrition by Victoria Police and respect for 3843 would have concluded this matter years ago.
As with this and other stories in the pipeline, there seems to be a case mounting for Victoria Police to have a ‘ Sorry Day’ to atone for all the wrongs.
There are a lot of victims out there.
by CAA | Apr 6, 2019 | Library, Uncategorized
The term of the Chief Commissioner Graham Ashton is in its twilight phase with his indication some time ago that he will not be seeking to extend his contract.
His current contract expires on the 30th June 2020 and it is therefore not improper that we should reflect on just who should lead this once proud organisation back to the fore of policing in this country and achieve the safety and the confidence to which the people of this State are entitled.
The role of the Chief Commissioner is one of the most important roles in our society and it can be argued that in recent history the selection process has not gone well.
During that time we have had incompetent through to adequate Chief Commissioners, some handed the poisonous chalice of their predecessors failings but the appointment of a Chief Commissioner who is a true leader, as the role requires, has not been evident for a very long time. Particularly so in the eyes of the many serving members who have contacted us complaining of the lack of leadership.
The organisation has grown as has the community it serves and for all the brouhaha about things being different, when, in reality, they remain the same and the principles of policing remain constant.
We have the enigma of the Victoria Police Corporate Advisory Group (CAG) whom we assume perform some sort of executive function like a Board of Directors but given the Governance failures, particularly with personnel and we suspect fiscal, that we are currently looking at, their function needs to be brought into question.
We raise the CAG because we believe they perform the selection process or play a significant part in the selection of the Chief Commissioner, and, to that end, their performance to date has been lamentable.
The selection of the Chief Commissioner cannot be left to a group of faceless individuals accountable to no one. It is arguable that we the citizens of Victoria are the shareholders to which this Board should be onejav accountable. We are considering highlighting who these faceless people are so they can be judged accordingly.
The solution to achieving the best outcome is the establishment of a Parliamentary all-party committee to make the selection. Removing partisan politics, irrespective of the Government of the day, is critical to restoring confidence in the appointment and this will remove any suggestion of political bias from the shoulders of the appointee.
This will serve to benefit whoever is in Government as the responsibility for Policing will be fairly placed at the feet of the Chief Commissioner and with the selection criteria made public, the community has something to measure the Chief Commissioner’s performance against.
The list of qualities in our view that should be possessed by the new Chief Commissioner are;
• Personal integrity of the highest order.
• Demonstrated leadership skills as opposed to potential skills.
• Must have served or is serving in the Victoria Police.
• Demonstrated compassion and empathy for those suffering.
• Be prepared to Police for all Victorians and refrain from giving preferential treatment or attention to individual groups of Victorians. Gaining an understanding of all groups irrespective of their bent is however a sound Policing principle.
• A detailed understanding of the “Peelian” principles of policing and substantial experience in the application of these principles.
• Have an understanding and preparedness to ensure that Victoria Police and any agents acting on behalf of Victoria Police introduce and abide by the ‘Model Litigant’ rules as are required but hitherto compliance has been problematic at best. Applying these rules to all litigations without exception.
• Understand the importance of eliminating systems like the inhumane ’Judicial Personnel Management’ strategies and develop a fair and sound process for terminating Police.
• A detailed knowledge of corporate governance.
• Have an understanding of the fiscal responsibilities and processes for the organisation.
• Have not been closely associated with any political entity or pressure group, special interest group or association.
• Have a strong commitment to equality of the workforce.
• Modify the workforce to reward competence rather than other ideological drivers.
• Be open to but not dictated by reform.
• Capable of managing diverse cultural and social variables within and outside the organisation.
• Tertiary education is desirable but not essential.
• Very strong knowledge and understanding of the legislation applicable to policing but not necessarily be a lawyer.
• An understanding and respect for the media but demonstrating the ability not to be managed by it.
• Be a strong advocate for free speech within the context of the Law.
• Be a strong advocate of freedom of lawful association or to lawfully demonstrate.
• Demonstrated compassion as well as determination and strength of character.
• The ability to apply these principles to the function of Chief Commissioner of Victoria Police.
The real challenge for the selectors is that by default the current executive officers would be automatically precluded because they form part of the problems facing Victoria Police today. Lack of confidence by the community and police members is unlikely to recover if one of the existing parts to the problem are selected.
Doing the same thing tomorrow expecting a different result just does not happen in real-world situations and a good follower does not necessarily make a good leader.
One may wonder where this person is today? They may be in or outside the organisation and as gender or age are not barriers, the field is really wide open.
The new Chief may well be a current serving Inspector or above or somebody who has previously served but achieved or built upon the above attributes external to Victoria Police.
The person will probably need an ultra-ego as a Caped crusader but they will be there, it is just a matter of finding them.
by CAA | Apr 4, 2019 | Library, PTSD, Uncategorized
4th April 2019
This case starts off fairly benignly with a respected country Detective Sergeant with substantial service including a period in the Homicide Squad and an unblemished record of service in a large provincial Victorian town. 3842 was responsible for dealing with the crime in this large town and a large swathe of the surrounding rural areas.
He had also lived in the town with his family for a number of years and was very well known and respected by locals. Although he did not seek promotion, he was content with his lot and comfortable that he was doing some good keeping his community safe.
The wheels started to come unstuck when one Sunday after returning from leave 3842 was contacted by a uniform member from the station to tell him he was going out to search a rural property where there had been a sizable burglary while 3842 was on leave. 3842 was aware of the burglary, and he was concerned because a firearm collection was part of the bounty that had a total value of approximately $100,000.
Subsequently, the uniform member made a second call to 3842 to say that he had located some of the stolen property in a disused dilapidated caravan on the vast property. The farm was some distance from town in a remote part of the bush and some thirty to forty minutes travelling time, well off the beaten track.
When he did arrive the member that had called him was waiting and on the ground was a badly injured male person whom the 3842 did not recognise but later found out he was a very active crook with substantial prior convictions from interstate.
3842 called an ambulance, and the injured suspect was put under guard, and 3842 started to piece together what had happened.
The police member that called him to the scene was suspended at the time for other matters, but the suspect was loosely related to him and had fallen on hard times. The suspended Police member approached the property owner who had a vacant manager’s house to see if the suspect could use it. The property owner is very wealthy and is also very generous and agreed to the arrangement.
The injuries to the suspect were significant and were explained by the suspended member as, when he confronted the suspect, the suspect allegedly produced and attacked him with a screwdriver. Much later 3842 had reservations about this version of events.
Because of the injury to the suspect, the Duty Senior Sergeant contacted Professional Standards Command (PSC) and two detectives from PSC were dispatched to the town arriving the next day.
To the absolute surprise of 3842, he was removed from the case, and it was transferred to another Criminal Investigation Unit (CIU) some substantial distance away. Very odd because they would lack the local knowledge essential in this investigation.
It did not take long for 3842 to find out that he was in trouble for something although he was bewildered about what he had done that was wrong.
A formal interview by Professional Standards Command (PSC)of 3842 followed, and he was subsequently suspended from duty and charged with,’ attempting to pervert the course of justice‘.
The allegation was that when he spoke to a relative of the farmer in Town to update him on the investigation, he allegedly refused to listen to information from the relative. This was the crime?
After the formal interview, some substantial time elapsed and he was called in to be charged and suspended.
3842 had the unenviable task of telling his family he had been suspended and charged which devastated them. Something he still becomes emotional about.
3842 also endured the devastation and embarrassment peculiar to a country town where people can not enjoy the anonymity of a big city. Something from which he has never recovered.
The suspension was not treated in confidence, and it was not long before most of the town who knew him were aware of his suspension and knew it was as a result of the robbery on the highly regarded Farmer who is a district icon.
Being shunned in a country town has no parallel in the metropolitan area or a large provincial city.
Having been charged with an indictable offence, the matter must go for Trial before a Judge and Jury. However, the process involves a Committal hearing at a Magistrate’s Court to determine whether there is a case to answer. The suspended policeman referred to earlier was charged as a co-accused of 3842.
At the Committal hearing, it was determined that 3842 had no case to answer and his matter was dismissed. The co-accused was committed for trial and subsequently was acquitted at trial on the basis that he was acting in self-defence. A solid defence that should have been obvious to the PSC.
One would expect having had the matter dealt with, that would be the end of it, and 3842 could return to work and try to rebuild his damaged reputation.
That was not to be. The Police Executive decided to direct 3842 to take all accrued leave and long service leave.
As they had not succeeded with the criminal matter, they then embarked on a disciplinary approach to target 3842.
Management was within their rights to exercise this instruction, but by this time 3842 was not in a good mental state, and he was placed on sick leave by his doctor.
While on sick leave he was advised that there were some disciplinary charges and he had to face a hearing.
Bearing in mind that his health was still fragile he appeared before the disciplinary hearing and all but one of the charges was struck out leaving a single charge to which he was advised by his legal counsel to plead guilty.
As a result of this plea, he received a caution.
What will surprise readers is that the offence that was sustained was for failing to put crime scene tape around a crime scene at a remote property miles from any town and a long way from any public road.
It is not surprising that 3842 who had weathered this cyclone for over two years broke down at this hearing.
It took nearly eight months for 3842 to be reinstated – no apology and in contrast to when he was originally suspended by three senior officers his reinstatement was by a message from his local station.
For all he had endured he was convicted of not putting crime scene tape around the scene of the robbery.
What is particularly galling to 3842 is that the somebody from PSC having failed to get 3842 committed for trial went back to the witness relative of the farmer, and tried to get him to change his story. This information to 3842 came from a member of the police executive that we can presume was not comfortable with what was going on.
Whoever approached the witness has committed an egregious crime.
That approach is Prima Facie,’ attempting to pervert the course of justice.’ Even worse, the original suspect has never been charged with the $100,000 burglary, a very serious crime by any measure and even more so because there is little doubt that the gun collection is now circulating in the criminal community.
In summary 3842 has had his life ruined and now suffers permanent health issues as a direct result of this fiasco when his only offence was not putting crime scene tape around a remote crime scene where the greatest risk to contamination of the crime scene would have been the local kangaroo population.
3842 has now retired and after nearly forty years of devoted service and only one crime scene tape blemish, he did not even receive a call from anybody in management to formally thank him for his service and to wish him well.
The sad thing is that 3842 still suffers from the treatment metered out by the Police Force, and in our experience 3842 displays all the symptoms of PTSD induced by Judicial Personnel Management.
He now has to live with the consequences for the rest of his life and the two detectives from PSC, and the crook responsible for the burglary get off scot-free, as do the managers who promoted this artifice.
Recently one of his own former detectives told 3842 that when the matter was going on, he had the opportunity to see the Brief that the two PSC detectives had compiled. He commented that if he submitted such a poor brief, it would never be authorised. The PSC member responded, ”Yeah, but he is a police member.”
Clearly one rule for the crooks, and another for Police.
Victoria Police must be held to account.
The Community Advocacy Alliance Inc. calls for the urgent formation of a Commission of Review to examine this and many other instances of the mismanagement bordering on criminal behaviour of Victoria Police and the cruel and unconscionable processes applied to Police members by the hierarchy.
Ultimately the responsibility for this behaviour is the Chief Commissioner the one person that can fix it.
Postscript: When 3842 was first interviewed the investigators accused him of was not wearing his issue Operational Safety and Tactical Training (OSTT) equipment. Detectives at that stage had not been issued a belt to carry the equipment. Talk about pedantic. Bizarrely the interviewing detectives were without their equipment belts. A demonstration of absolute power no doubt.
by CAA | Mar 31, 2019 | Library, Uncategorized
31st March 2019
CAA has noted with warm approval the outspoken criticism by the Director of Public Prosecutions of penalties handed down by our courts for rapists. The maximum penalty provided is 25 years imprisonment – but it is NEVER imposed. And we simply do not understand why these violent offenders are treated so inadequately, in light of the seriousness with which our Parliament and our public rhetoric purport to regard this crime.
But there is another kind of crime against – typically – women, that we also contend is too frequently treated leniently; we refer to assaults in the home, sometimes called “domestic violence”, which too often are habitual, and too often prove fatal.
Despite millions of dollars spent on some truly great commercial advertising, we are not satisfied that this social scourge is actually being meaningfully reduced. Nor are we satisfied that so-called “apprehended violence orders” or “intervention orders” are achieving enough. More needs to be done.
We do not advocate interfering with any of those mechanisms, nor do we want draconian legislation; we do, however, urge the police to apply with rigour the powers of arrest they already have, to protect victims of assaults in the home, according to the evidence available. We note that for this to be effective those so arrested cannot readily be granted freedom on bail if the protection, and the policy of direct intervention is to succeed. If the bail laws lack that sort of flexibility (which we doubt) then that should be remedied.
A little history may be in order. It used to be the law that a woman could never give evidence against her husband. Today this concept is rightly scoffed at – it meant women were victimised with impunity.
Then the law was changed to allow women to give evidence against their husbands if they wished. But that simply did not work either. The social folklore was still too strong.
Now the general rule that the victim of a crime of violence can be compelled to give evidence in the interest of society at large is applicable (at least in theory) because the community has a stake in preventing and punishing violent offending regardless of who the victim might be.
We recognise the complexities and the social pressures that can be found in some domestic relationships but we simply say present laws and policies are not doing enough to protect women the way the architects of these historical changes hoped.
The police, the first-line defenders of victims of assault, should be directed to use their undoubted powers much more readily and much more rapidly, and given adequate support in doing so, as an effective public demonstration of our intolerance of the battering of domestic partners.
by CAA | Mar 29, 2019 | Library, Uncategorized
29th March 2019
We recently published an article about comments attributed to Deputy Commissioner Patten and drew from that and other information that Victoria is likely to have to continue to tolerate living with a Lock-Em-Up policing strategy from the Nixon Dark Ages, for decades to come if the next Victorian Chief Commissioner is recruited from the existing Command.
Something we sincerely hoped was possible.
As Aristotle once quipped “One swallow, does not a summer make, nor one fine day”. Very true but at least one glimmer can give us hope that things are going to improve.
The swallow in this story is Assistant Commissioner Glen Weir who in an extensive interview in the Herald Sun about the drug problem was reported as saying,
“Victoria’s top drug cop has likened drug dealers to terrorists, saying they pose one of the biggest threats to community safety.
He said primary school students needed to be taught early about illicit drug use, quashing the phrase “recreational drug use” at an early age.”
This is the first significant indication in recent time of any member of the Victoria Police top brass acknowledging that early intervention is so important.
This strategy is coincidentally one of the ‘Key Platforms’ of the Community Advocacy Alliance Inc. (CAA).
There were some other indications in this report that would suggest at least Assistant Commissioner Weir, gets it. He gets the balance between Reactive or detection and arrests and Proactive policing; the ability to stop crime before it happens; Crime Prevention.
Where we may be wrong, is in our assumption that all of Command support the current reactive policing strategies.
Let us sincerely hope we are wrong, and there are more of Command than just Assistant Commissioner Weir who share this enlightened view.
by CAA | Mar 25, 2019 | Library, Uncategorized
26th March 2019
It is always a bother when new initiatives and their new acronyms are trotted out by Police and in particular when that involves the politicians. Recently announced is the deployment of Youth Specialist Officers (YSOs). For many years the highly successful Youth Resource Officers (YROs) have been focused on proactive work with youth, therefore, we can assume that YSOs have a different role and are a reactive group focused on Youth. Otherwise, it would seem logical to strengthen and boost an initiative that works.
This demonstrates that the Police Command just do not get it, after all the prompting – prevention is the priority, not detection. Don’t wait for kids to offend before you take action to guide them away from offending. That’s not how you reduce the crime rate. Kids not committing the crime in the first place is the go.
Bolster the YROs rather than creating another branch or classification. Cynics within VicPol see this as a move to phase out and access the YRO personnel for wider general duties rather than their focused function.
Inevitably YSOs will not be working with young people, they will be manning the Div Van preparing briefs and attending courts. In other words, performing general duties with a role tag and minimal youth work. General Duties Police will have yet another function to which they can defer work too. Anything to do with youth will be hived off to the YSOs.
It will be interesting to see if this new initiative actually translates into extra police for the staff strapped stations or will already overworked Police be given a new title and more training and this be no more than smoke and mirrors with a smattering of new positions but blanket introduction of the scheme.
We know that it takes very strong and enlightened management to achieve an effective reactive proactive balance in Policing, a skill that it seems that consecutive police executive groups in recent years are devoid of. The application on the ground of YSOs appears not to be thought through.
The statistics proudly provided to suggest that VicPol is wonderful are also telling. Arresting and charging hordes of kids does little to tell us whether policing is effective and we should never forget for every one of those crimes there is a victim.
A far more meaningful statistic would be the number of young first offenders in a particular Police area relative to the given population compared to other policing areas. Very quickly, the relative efficiencies of policing a given area would be identified and the strategies employed by the most successful police area can be applied more widely.
There are two very basic aspects of the prevention of crime. Create an environment where people do not want to commit crime because of their personal values or they do not commit crime because they might get caught.
The cases where a criminal wanted to be caught are very rare so whether it is Tony Mokbel or a twelve-year-old shop thief they both have common drivers when committing the crime. They, for that time at least, lack the moral values not to offend and they believe they will not get caught. The development of these values is central to Police youth interaction.
A positive strengthening of these two drivers is how police effectively reduce crime. One is achieved by proactive work and the other reactive – success will come when the balance is right.
by CAA | Mar 22, 2019 | Library, Uncategorized
22nd March 2019
Disappointingly, these new figures add another dimension and highlight the risk to our way of life with the evolution of a new norm.
As disappointing as the figures are, and no matter what spin is applied, the crime rate is on the rise.
This has been achieved against record expenditure on upgrades to police resources and a program to increase numbers of police to a level never seen before and other positive initiatives the Government has applied.
The reason that we can predict confidently that crime will continue to rise no matter what legislative initiatives are applied, or additional police, or resource equipment provided, can be found in the reported comments by Deputy Commissioner Patten on the 21st of March’19.
Deputy Commissioner Shane Patton said because there are more police on the streets they are detecting more crime.
“What you see is a more detected crime, more offenders being taken into custody, we expect that trend to continue,” he said.
“We are processing more offenders than ever before. We have a record number of offenders processed. We are holding people to account. We are managing offenders and enforcing better.
“Police are cracking down on bail offending. When people breach their bail, they are being taken back into custody and put back before the courts.”
“What you see is more detected crime, more offenders being taken into custody, we expect that trend to continue,” he said.
The second disappointment and of greater significance in the message from Deputy Commissioner Patten is that it suggests that we are likely to have more of the same, ”lock-em-up” attitude, for the next decade at least.
Former Chief Commissioner Ken Lay was once quoted as saying, “You can’t arrest your way out of it,” when referring to the drug problem but his wise words apply to the broader question of crime equally.
The Community Advocacy Alliance (CAA), until these comments by Patten, was confident that a new generation of leaders, from whom the next Chief Commissioner we would hope is selected, were of a more modern and enlightened genre of Policing where prevention and community, and, in particular, youth interactions were a priority. A Police Force where the ‘Peelian Principles’ of prevention being better than cure was applied and understood.
It is sad, but many leaders in Vicpol just do not get it.
More police making an arrest rather than patrolling/interacting to reduce crime is a recipe for more crime.
More arrests mean more crime because they are doing nothing about reducing the offending in the first place and simply waiting for people to commit a crime and then taking action (Reactive Policing).
Interacting with the community and maintaining that interaction/presence will do more to reduce crime than all the Police in the world chasing crooks.
The current reactive style of Policing was shelved in the seventies because it does not work but here we are heading towards twenty years since former Chief Commissioner Nixon started dismantling the ProActive functions of Victoria Police and the upcoming leaders still have not cottoned on.
It is a bit like the adage, ’doing the same thing tomorrow and expecting a different result’. Or is that a definition of something?
by CAA | Mar 21, 2019 | Library, PTSD, Uncategorized
22nd March 2019
The Tasmanian government has introduced a bill aiming to make it easier for emergency workers to access post-traumatic stress disorder compensation.
Emergency workers in Tasmania will have better access to post-traumatic stress disorder compensation under legislation put forward by the state government.
The bill, tabled in state government on Wednesday, reverses the onus of proof in PTSD compensation claims and assumes workers have suffered the injury while on the job.
“This legislation acknowledges the incredibly difficult situations that many of our emergency responders … face in the line of work,” Minister for Building and Construction Sarah Courtney said.
SOURCE AAP
by CAA | Mar 20, 2019 | Media, Uncategorized
by CAA | Mar 15, 2019 | Library, PTSD
16th March 2019
Editor’s note: This is the first published story of this project and we chose to start the numbering system of case studies from Lawyer X case numbering, 3838 because like that issue, this has a management problem (Management Matrix) at its core. We have a number of stories some far worse than this and by any measure, this one is particularly cruel but we are restricted in publishing for legal reasons. They will be published along with new ones over the coming months.)
In nearly twenty years’ service, case number 3840 served in various roles from general duties at metropolitan police stations, criminal investigation duties and plainclothes investigations.
For family reason 3840 moved to a station closer to home. The station was very busy and it had a high workload. It also attracted huge numbers of Holidaymakers and day-trippers over the summer season and this was accompanied by an explosion in workload. Frustratingly the police executives could not see this issue and were not supportive as it was deemed the number of Police adequate, even though the population would more than double in this period.
It would seem that maths is not a strong skill set for police executives.
During this madhouse period, the necessity occurred for him to lift a deceased person out of public view.
As a result, he hurt his back moving the ‘dead weight’ and soon realised it was no ordinary sore back, but something more severe.
He had to seek medical intervention and it was discovered that he had ruptured a disk in his back. As a result, a Work Cover claim was lodged and approved. 3840 managed the injury with the help of physio and continued working for a couple of years.
The injury further deteriorated dramatically with the only option of major surgery.
The disk had now moved and distorted causing further nerve damage and of course severe pain. The surgery and rehabilitation was long and painful and has left him with a permanent disability.
At no stage during the lead up to the surgery or during his recovery did he receive any form of support or contact from anyone in management at any level.
Unable to work, support was little and far between. Months and months without being contacted by anyone from VicPol and he had to rely on his wife and eighty-year-old father to drive him to appointments. Apart from the physical issues he was facing, he was now also suffering from depression and anxiety.
3840 felt completely alone throughout the whole process. He finally received a call from an Acting Senior Sergeant that he knew from his Station but by that stage, he did not feel up to meeting anybody making token gestures from VicPol. – His value and self-esteem were dashed replaced by bitterness from being neglected.
He remained off work for many months fighting the physical and mental issues.
A new Station commander was appointed and he at least made contact but claimed that 3840 did not want to be contacted however he claimed that the station Peer Support Officer had been in constant contact with 3840 and his wife. A claim vigorously repudiated by 3840. He had never at any time spoken to or had contact with this Officer.
The Station commander subsequently told 3840 that the Station welfare role has issues and he was taking over the function to sort it.
Added to the poor performance of VicPol his experience at being on sick leave has been nothing short of traumatic and what must always be borne in mind, this is a sick person so that makes any attempt to shift blame to him, repugnant.
He is, however, one of the few members to say he was quite happy with the Work Cover insurer, Gallagher Bassett. His issue solely lays with the appalling welfare system at Victoria Police.
Even more galling to 3840 and others is that while the Chief Commissioner and the Secretary of the Police Association were doing a high profile walk in support of ex-members, the reason that many need that support, is directly attributable to how they were treated by the organisation.
3840 has had no support, no offers of help and a complete feeling of being a total outcast and unwanted. After nearly two years of being treated like this, he was finally sent to the Police Medical Officer (PMO) and was ill health retired.
The separation process was as demeaning as the treatment he had received thus far.
Reporting to his Station to hand in his identification and operational items as he is required to do, was a process that was rubbing salt into already exposed wounds. The Station Commander filled out an end of service form that 3840 had already completed. The Station Commander was totally uninterested in his situation and circumstances. Apparently, he could not have cared less and could not even disguise the fact that he didn’t care. 3840 spent approximately five minutes inside the station before leaving – and that was the glorious end to his nearly twenty-year career with Victoria Police.
He never heard from anyone in management again. He did, however, hear via a police member at the police station, that the Station Commander was happy that he had been ill health retired, as it freed up a position at the Station.
On his last formal day of service as a member of the Victoria Police, he didn’t even receive a phone call or message from anyone in management at all.
After the issues, he and his family faced over the last two years prior to his service being terminated he at least expected a phone call or a message a simple “thank you for your service and good luck with your future” would have sufficed.
His work prospects are now very limited, permanently disabled, the impact on his family is everlasting. A job and career he initially felt immense pride in, has been replaced by resentment.
Three weeks after his service ended he received a call from his Station Commander who started with the excuse that basically everybody was on leave at the time of his retirement, hence the reason that nobody knew it was his last day. He also clarified that members do not receive calls at the end of their service from anybody over the rank of Senior Sergeant.
The whole welfare process from day one for 3840 has been appalling, no contact, or oversights, no help but now aggravated by the excuses.
Since his retirement, he has met with two other members asking for help to fill out their Work Cover Forms. Both are suffering from major mental health issues and were disappointed with the lack of welfare support from the same Station. Both felt that management should have assisted them more with some basic advice and at least helped during the early stages of their process but, unfortunately, that help was not forthcoming.
There is a lot of talk about how Victoria Police looks after its members and how seriously it takes the health and wellbeing of their staff and lots of acknowledgement about the mental strain police work has on members, sadly with some taking their own lives. We hear about initiatives being put in place to get members back to work and to support them in a time of need. From the experience of 3840 this is all talk – he saw no evidence of this sort of support.
Having been on his side of the ‘blue line’ he can attest that the current system is broken – and it has broken him.
The Victoria Police claim of being a proud organisation makes 3840 wonder if Victoria Police is proud of how they treated him?
by CAA | Mar 12, 2019 | Library, Uncategorized
13th March 2019
‘We are coming after you and you will feel with the full force of the law’ Daniel Andrews 2016
The Editorial of the Herald Sun on the 12th of March 2019 arguing for the implementation of bans to curb the gang violence in the Melbourne CBD during Moomba and other events is laudable but flawed.
Any process involving the judicial system is always post-event so the likelihood of it having an impact is doubtful. Perpetrators having to demonstrate non-compliance for a ban to be imposed seems counterproductive.
This is a Policing issue and the tactics of policing these events need to be reviewed.
Not being there, qualifies our comments but we can nevertheless make observations based on our own experiences.
There were fundamental rules of policing when dealing with unruly or riotous groups. Not limited to but including identifying the leaders and targeting them is a start. All groups have a leader or leaders and as soon as the leader/s breach any law for which there is a power of arrest then execute the arrest. Remove the leaders.
Warnings are only useful if the person warned believes the threat will be carried through so without the likelihood of consequences for disobedience one might as well be, ‘Whistling Dixie’.
Removing the Police ‘move on power’, certainly has not helped and should be reintroduced
Perpetrators are aware of what they are doing and generally do not need to be told. So if a threatened arrest does not happen, they win and police lose ‘street cred’ and their effectiveness is diminished. Hollow threats never work.
There is an old saying in boxing, ‘never telegraph your punches’. That translates into, if you don’t know it is coming you cannot prepare for it. So it is with making an arrest. The element of surprise gives the police in any circumstance the upper hand and reduces the likelihood of injury to police and the perpetrators.
Dancing the tango around miscreants, spraying pepper, making demands to disperse is counterproductive by not being assertive. By the time that an arrest is necessary the perpetrators and their followers are all prepared to make the risk of injury to police and the escalation of violence probable. Noting that Police, as well as perpetrators, are affected by the indiscriminate spray.
A troublemaker is neutralised by one thing, the Prison Van and a trip to the Police Station to be charged and bailed with a condition not to return. If they are dumb enough to return to the fray, immediate arrest for breach of bail followed by the refusal to bail, for the bail breach, will soon discourage noncompliance.
Police numbers would not seem to be the issue and even with the additional numbers at Moomba this year as opposed to last the problems seem not to have diminished therefore Police tactics need urgent review. The dispersal strategy is not working and not making our public places safer, standing toe to toe or dancing with perpetrators magnifies the problem it does not diminish it. Police must be assertive and positive in their approach
Police need to get in and get, ‘their hands dirty’ (arrests) to solve this problem, that is what they are sworn to do.
If they do not we will be having repetition after repetition and somebody will be seriously hurt.
by CAA | Mar 12, 2019 | Media
by CAA | Mar 11, 2019 | Library, Uncategorized
11th March 2019
A question we have asked but there appears to be no rational or logical answer.
The police member in the foreground seemingly standing back from the melee is an enigma.
Having police work undercover is entirely appropriate and having police undercover during these events makes a lot of sense as they can gather intelligence to assist uniform police but the figure in the foreground is neither one thing nor the other. We see a lot of similarly attired police in the news media.
This police member is clearly not undercover, the vest, utility belt and piece he is packing is probably a bit of a giveaway, (haircuts are no longer identifiers) and he is not in uniform, so what does he do, or is this just as we suspect a fashionable drift in discipline mimicking the American Special Forces? The purpose completely eludes us.
This was a planned operation so police members should not be caught out with their blue/black suit at the cleaners.
If the Police Uniform hinders the function, whatever it is, then make the uniform suitable.
We understand members wearing overall type uniforms which in certain functions are entirely appropriate but this fifty/fifty deal is dangerous.
It is only a matter of time before a member in this ‘twilight zone’ is going to come to serious grief because either other police or even the crooks in a volatile situation may not immediately identify them correctly.
Even a Detective in a suit is more clearly defined.
A serving Officer quipped recently that recruits ‘break their necks’ to get into a uniform then once qualified, expend every effort to get out of it.
Is this a case of fashion trumps discipline?
On the other hand, is their rationale answer to this conundrum?
by CAA | Mar 10, 2019 | Media, Uncategorized
by CAA | Mar 5, 2019 | Library, Uncategorized
26th February 2019
Your Honour
Ever since the formation of professional police forces, police have relied upon information gained from many sources. One such source is from informants, paid or otherwise. In Common Law it was once an offence of ‘Misprision of Felony’ to fail to report a felony if one knew the felony had been committed and by whom. The basis of this offence was obviously that every citizen has a civic duty to preserve the law. That this duty applies even to lawyers except where lawyer client privilege exists is self-evident.
The offence of ‘misprision of felony’ was abolished in Victoria. With some exceptions, when it was active it consisted of failing to report knowledge of a felony to the appropriate authorities. In a number of jurisdictions, the offence has been replaced by a statutory offence. No corresponding statutory offence has been legislated in Victoria.
It is submitted the need for such a statutory offence is essential to the maintenance of law and order in Victoria.
In the case of Lawyer “X,” or Victoria Police Informant 3838, and now allegedly other lawyers, there may have been blatant breaches of lawyer client privilege. It must be noted that, if so, it was the lawyers who acted improperly and 3838 has since been rightly disbarred as a consequence.
The High Court described police use of Informer 3838 as reprehensible conduct which involved sanctioning “atrocious breaches of the sworn duty of every police officer”. However, what the High Court did not say was that the Victoria Police had acted illegally. Nor did the High Court specify what the ‘atrocious breaches of the sworn duty of every police officer’ were, other than by inference, using 3838 as a paid informer.
The Court also found that lawyer 3838 had engaged in a “fundamental and appalling breach” of her obligations as a barrister.
If police had acted unlawfully one could reasonably expect that the High Court would have so said.
It is submitted that legislative clarity is required in relation to police informers so that everyone knows what they can do and what they cannot. Clear legislative guidelines will prevent the difficulties relating to 3838 and others from arising again. In the Royal Commission making recommendations it is urged that there does not arise the ‘law of unintended consequences’.
Victoria has had a “Crime Stoppers” program since 1987. The Program receives information from the public, sometimes anonymously and sometimes through identified persons, with many of the latter paid for their information. Between 1987 and 2017 information gained through Crime Stoppers resulted in 871,755 contacts, 20,275 arrests, 80,725 charges laid and $203 million in contraband seized. It is clear that the ability of police to receive information and intelligence is, in part, the lifeblood of combatting crime.
It is submitted that any recommendations regarding police use of informers must not be at the expense of limiting such an effective weapon against crime as Crime Stoppers. To do so would be unconscionable.
That the conduct of the Victoria Police was most unwise cannot be disputed. Those involved at the highest levels ought to have known better, at least to the extent of assuring themselves that they were not sanctioning breaches of lawyer client privilege. Where no such privilege applied, why should police not have gained as much information about very serious crimes, including murders and extensive drug trafficking, as possible? Lawyers are also citizens.
The CAA would, with respect, reserve the right to make further submissions as and when appropriate in our view, as the Royal Commission proceeds.
Submitted by and on behalf of;
The Community Advocacy Alliance Inc.
PO Box 206
Kilsyth 3137
Email: Info@caainc.org.au
Web: caainc.org.au
Kelvin Glare AO APM
Executive Chairman CAA
Ivan W Ray
Chief Executive Officer
Executive Secretary CAA
by CAA | Mar 3, 2019 | Library, PTSD
22 FEBRUARY 2019
By Terry Flanders*
The public sleeps more soundly knowing they are protected at night and that help is but a quick 000 call away. How well would you sleep if, in fact, you could not rely on our emergency first responders to provide the services we expect?
On 24 July 2018, the NSW Upper House inquiry delivered their report[i] entitled ‘Emergency services agencies’, into ‘policy response to bullying, harassment and discrimination in certain emergency service agencies’. On 15 February 2019, a second inquiry conducted by the Australian Senate delivered their report[ii] on ‘The people behind 000: mental health of our first responders’.
When read together, the reports offer a disturbing insight into how the agencies running the police, fire brigade, ambulance and 000 call centres treat the people whom we depend upon to make us safe and secure.
Emergency services respond to a vehicle accident – 9 News.
The NSW inquiry disclosed management systems within different agencies as all having, to some degree, unsafe systems of work[iii], and made a number of recommendations.
The federal Senate inquiry predominately called for more research and provided an expanded view of the problem. The federal Inquiry also went outside first responder agencies to review the effects of the worker’s compensation and independent medical examiners sourced by insurance companies.
Both reports provide a disturbing, behind-the-scenes insight into problems that can affect us all.
As a former member of the NSW Police I have watched as, over the years, the culture of the NSW Police took on a more corporate management approach to law enforcement. An approach that, given the content of both reports, I would characterise as unethical if not criminal in some circumstances.
Although this article focuses on the mismanaged systems that relate to NSW Police, my opinions and conclusions largely apply to other emergency first responder agencies at the state and national level.
To sustain large social systems, society needs to be governed. In Australia, we are afforded certain rights and liberties which are balanced by societal norms influenced by cultural or ideological pressures and bounded by the judicial system. Justice, equality and civil liberties are fundamental principles that should apply to all.
Sadly, however, these concepts are applied disproportionately to different sections of our society. It is arguable that, in NSW, the most disadvantaged group of people are the members of the NSW Police Force.
NSW police managers have engaged in practices I would describe as ‘judicial performance management’. This occurs when police managers use their legal authority to arrest and charge and/or apply for a search warrant, listening device warrants and/or telephone intercepts against police.
The effect is that the judiciary is made part of the police performance management system. Examples[iv] include Phil Arantz, Harry Blackburn and Operation Mascot. In 1971 Mr Arantz disclosed that police were keeping two sets of crime statistics: he was declared mentally ill. Mr Blackburn was charged in 1989 with 13 sexual assault crimes and other offences, crimes that were not supported by the available evidence while evidence supporting Mr Blackburn’s innocence was ignored.
Operation Mascot – which ran between 1999 and 2001 – saw more than 100 police being electronically monitored as part of an investigation. ‘Mascot’ did uncover some corrupt and criminal activity, but was also responsible for one suicide, attempted suicide and the mental breakdown of a number of police who apparently did not commit any crimes[v].
Events show a pattern
These three examples, taken separately, may appear as disassociated historical events. I would argue that the three examples are part of a growing body of evidence that shows a ‘modus operandi’ supporting the argument that judicial performance management is being used.
The body of evidence includes the workplace health and safety (WHS) criminal antecedents of the NSW Police, as well as appeals by some police who have been the subject of Section 181D applications under the NSW Police Act. With nine convictions involving incidents of serious injury and death, the NSW Police can be described as a ‘WHS criminal recidivist’.
When a police officer is being dismissed for unethical or conduct offences, they have a right of appeal by making a Section 181D application to the Industrial Relations Commission (IRC).
In nine matters where police officers appealed decisions by police managers, the IRC upheld the appeal, finding that the NSW Police acted unfairly, harshly or unjustly. What distinguishes these cases from others is that the police officers had been diagnosed with post-traumatic stress disorder (PTSD) prior to engaging in conduct that police managers viewed as warranting dismissal. Effectively, I believe, they were being ‘performance managed’ out of the police.
In upholding the appeals, the IRC seems to be indicating that the police management running the process may have been acting unethically. It should be noted that in addition to these nine police officers, another three officers exposed to this system committed suicide.
Supporting the argument that the police management system is in part, unethical, harsh and unjust are findings from the NSW Royal Commission into Police Corruption[vi] conducted by Justice Wood in the mid-1990s.
The Wood RC found that police engage in what Commissioner Wood described as “process corruption”. The definition of ‘process corruption’ includes:
Gilding the evidence to present a better case”[vii].
In a continuing discussion about police corruption, Commissioner Wood introduced the concept of ‘noble cause’[viii].
‘Noble cause’ is also referenced throughout an ‘Office of Police Integrity Report’ (2007) titled ‘Past Patterns – Future Directions Victoria Police’ and the problem of corruption and serious misconduct’. It would seem that ‘gilding the evidence to present a better case’ creates cognitive dissonance in the police who use ‘noble cause’ as a euphemism to rationalise and mitigate dissonance when expected practices become unethical or cross over to criminal misconduct. Another excuse for ‘gilding the evidence’ is that NSW police managers are acting in the “spirit” of the law.
Mission wording critical
The ‘mission’ of the NSW Police Force is to work with the community to reduce violence, crime and fear, according to Section 6 of the NSW Police Act. Section 6 has more to offer as it includes the following statement regarding the ‘functions’ of the NSW police. In effect, police are instructed by law “to do anything for, or incidental to, the exercise of its functions”.
Section 6 of the Police Act does not constrain police by including a phrase like ‘…to do anything (within the law) …’.
Whether or not judicial performance management is an appropriate term, what is evident is that the culture of the NSW Police is broken. Dr Andrew Hopkins, addressing ‘Culture and Leadership’ makes the following comments:
The concept of culture has been defined in a multitude of ways: observed behavioural regularities, group norms, espoused values, formal philosophy, rules of the game, climate, embedded skills, habits of thinking, shared meanings and root metaphors”[ix].
and
Leaders create and change cultures, while managers and administrators live within them”[x].
Evidence from the federal Senate Inquiry (para 3.47) supports the view that in fact the NSW Police culture is broken.
This is supported by other evidence, such as that pertaining to NSW Police. Although NSW Police did not wish to engage with this inquiry and declined opportunities to make a submission or appear at a public hearing, the committee noted witnesses’ scepticism about policies being put into place by the service”.
A common thread linking all these individual events is the concept of workplace “violence”, towards police, which is enabled under nationally-harmonised WHS laws. In this case – as identified in the NSW Upper House Inquiry and implied by the federal Senate Inquiry – workplace violence includes bullying and harassment. Such behaviour is a crime under WHS legislation and is commonly described as unreasonable management practices.
But, I would argue, a situation has developed where the law enforcers are also lawbreakers against their own employees. The obvious question is why/how has this happened?
In answering this question, you must consider two aspects.
• The first is that the NSW Police are the principal WHS criminal investigators in NSW, so who will investigate them?
• Secondly, police officers making a complaint against police managers can only complain to other police managers.
Police managers investigate their colleagues: the investigating police work at the same police station where the respondent and complainant are stationed. This is a closed system, which means that the system is ‘corrupted’ by its very nature, and must add to the increasing stressors placed on police officers.
‘Triaging’ narrows focus
How police managers appear to ‘investigate’ complaints is by triaging the complaint. The triage process deconstructs the event and any attributable evidence. The investigator(s) focus is narrowed so some facts are saved, and some are discarded or become less reliable (triage). The complaint is then re-assembled based on facts supporting the police managers’ perspective. The newly-constructed event and the supporting ‘gilded’ evidence is now the basis of further actions whether disciplinary or legal.
Harmonised WHS legislation extends the range of white-collar crimes. With an extensive history of repeat WHS convictions over the years, NSW Police managers show a demonstrated pattern of behaviour over decades that has been recently reported in evidence relied upon by both the NSW and federal inquiries.
While my comments relate specifically to NSW Police management systems, after reading both inquiry reports, it is obvious to varying degrees they are equally relevant to other police and emergency first responder organisations.
Sadly, the literature indicates that sufferers of PTSD may not recognise they are affected by stress and may engage in hedonistic behaviour, take alcohol or drugs and become aggressive. While the Person Conducting the Business or Undertaking (PCBU, as used in WHS ‘speak’ – and meaning the NSW Police Force in this discussion) may not be directly responsible in some cases for the mental health of workers, the PCBU is responsible for developing safe systems of work and the culture that is behind those safe systems.
It is a sad indictment on the NSW Police Force that the organisation did not support the federal Senate inquiry as actions speak louder than words.
Governments are sometimes reluctant to act when the result will highlight chronic failures in social systems. The elephant in the room in this situation is that our social perception of safety and security is at risk daily: actions (and inactions) by first responders will only shine a spotlight on the depth of the issue over time.
Evidence refutes ‘safe and secure’
The evidence implies we are not ‘safe’ and ‘secure’. In 2015, eight emergency responders committed suicide in Australia [xi]. This figure only relates to full-time emergency responders, not part-time, volunteers or those medically retired so it is likely at the lower end of the real situation.
With the evidence now collected by both Inquiries, how long will it be before the federal, state and territory governments action this matter? I fully support the recommendations in the NSW Upper House report but would add the following:
• Firstly, a review panel including experts and those with lived experience of mental health gained while working as emergency first responders be established to guide the implementation of the recommendations, and
• Secondly, that Section 6 of NSW Police Act is amended to direct police to do ‘anything within the law’ when exercising their powers.
As far as law enforcement is concerned the thin blue line is broken. We are not ‘safe’ and ‘secure’. If NSW Police managers treat fellow officers unethically, harshly and unjustly; then what are they capable of doing to other people, like normal citizens?
Apathy tacitly supports unethical practices.
My final recommendation is that government must act now to deal with workplace-generated mental health issues affecting first responders by expanding the definition of ‘first responders’ to include defence force personnel and doctors and nurses in the hospital system, and perhaps others.
My experience with police managers having investigated a matter internally and attempting to justify their unjustifiable actions is that they conclude the matter by informing the complainant that “no further correspondence will be entered into”.
That’s a response I find completely unsatisfactory. What keeps me awake at night is the thought that if we can’t look after those who look after us, what emergency response do we deserve?
* Terry Flanders is a former NSW Police Detective Sergeant with 23 years experience as a police officer. He currently operates a safety and security consultancy service called ‘Investigation Systems’ with a focus on workplace violence. He is a member of the American Society for Industrial Security (ASIS), a Certified Protection Professional (CPP) and a Fellow of the Safety Institute of Australia (SIA), Certified Generalist OHS Professional (CGOHSP)
Note 1: Police officers are starting to fight back against inequitable treatment, and are having wins in the courts. For example, in Susan Buswell v TAL Life Limited (2018) NSWSC 1507, decided late in 2018, the 25-year-police veteran Buswell won her claim that her income protection benefits should not be cut by an insurance company. The case may open the doors for the many police officers forced to resign on physical or mental health grounds but denied full benefits to demand their situations be reviewed.
Note 2: The NSW Government has responded to the report of the NSW Legislative Council. In summary, the government tacitly supports the current broken system of work and will not generate the positive changes called for in the report. It seems that this is just another way of saying ‘no further correspondence will be entered into’.
New hope for Australian victims if the toughest mental trauma: https://www.canberratimes.com.au/national/act/new-hope-for-australian-victims-of-the-toughest-mental-trauma-20190221-p50zcz.html
[i] http://tinyurl.com/yy4sghyu
[ii] http://tinyurl.com/yywv7tbz
[iii] NSW Workplace Health and Safety (WHS) Act Section 19 ‘Primary duty of care’. http://tinyurl.com/y2y7o8ov
[iv] Committee on the Office of the Ombudsman and the Police Integrity Commission Research Report on Trends in Police Corruption (2002)
[v] ‘The Australian’ (18.02.18) ‘How honest cops were hounded out of the NSW Police Force’.
[vi] http://tinyurl.com/y65mwec6
[vii] Brown, D. (1998) ‘Current Issues in Criminal Justice’, Volume 9 No. 3 (P. 229)
[viii] Brown, D. (1998) ‘Current Issues in Criminal Justice’, Volume 9 No. 3 (P. 230)
[ix] Hopkins, A. (2008) “Failure to Learn: ‘The BP Texas City Refinery disaster”, CCH Australia (P. 8).
[x] Hopkins, A. (2005) “Safety Culture and Risk: The Organisational Causes of Disasters”, CCH Australia (P. 8).
[xi] Senate report ‘The people behind 000: mental health of our first responders’ (para 2.52)
by CAA | Feb 25, 2019 | Library, Uncategorized
– The G-Tag Vehicle Global Positioning System will
Save Lives
Reduce crime
Cost positive and
Make Victoria a leader as an innovative State.
Introduction
For most people, their car is their most important and valued asset, and to have it stolen is devastating. However, motor cars, whether stolen or not, are also commonly associated with crimes including, hit-and-run, robbery, drugs, rape, murder and domestic violence and now terrorism.
The relatively new experience of motor vehicles being used as a weapon either against Police or as a weapon of mass destruction, terror-related or not, is a new phenomenon. The introduction of this new level of violence In the West has brought a new urgency to the G-Tag.
The G-Tag, when fully implemented, is the only stratagem that will stop vehicles being used as weapons.
The Bourke Street massacre should be justification alone to introduce the G-Tag, and unless you live under a rock, we know that it will only be a matter of time before we experience the devastation of a truck or car bombs as is all too common elsewhere in the world. The possibility of IS fighters and or their children returning to Australia from these areas will no doubt bring with it skills used in that place.
The multiple killings, countless injuries, millions of dollars of theft and massive damage bills caused because current legislation is focused exclusively on the driver, not the vehicle and until that changes the vehicles and their drivers will continue to wreak havoc.
The most creative solution dreamed up thus far by Government and police in Melbourne is strategically placed bollards and reinforced concrete planters. A little underwhelming. They will create safe areas (behind their protection and then only from cars), but the vulnerability of people will then be focused on the areas unable to be protected including every intersection in Melbourne at peak pedestrian times when pedestrians in large numbers cross are exposed.
There were 4,567,314 vehicles (ABS Data and includes all vehicles) Registered in Victoria in 2015 – a vast and valuable state asset that needs to be protected.
The traditional view that the risks posed by the motor car should be managed by legislation which focuses on the driver, clearly has had only limited success.
– To further reduce the risks, we need to focus on the vehicle.
The best way to reduce any crime is to increase in the perpetrators’ mind the likelihood that they will get caught – penalties in themselves have limited impact because the perpetrator does not commit the act to get caught and never expects to get caught.
When the probability of being caught fails to dissuade, we need the ability to intervene to minimise the impact of the behaviour.
Authorities (Police) should be able to safely slow down or stop particular vehicles in the interests of public safety and law–enforcement
Without diminishing the current Law and Order response there is a need to think through and discuss alternatives – that alternative is the vehicle.
GPS Tracking
GPS tracking is widely used in the community, the devices record and re-transmit its own location to a satellite-based global positioning system. These re-transmitted signals allows the identification of the vehicle, the vehicles location and the route it has and is taking. It also communicates the vehicle speed.
That route can be recorded for days or weeks therefore capable of identifying which vehicle was driven in a particular location at a previous time. This ability will allow Police to identify the vehicle used in crime and as important as the current location of the vehicle is the historical routes the vehicle has taken which perhaps have more investigative value.
An example and there are many, would be a drive-by shooting in the early hours. Witnesses can usually supply time of the shots, with a G-Tag the police could identify which vehicles were driven in that location at the time given.
Central to this proposal will be the fitting of tracking devices to every vehicle, and although this forms part of the first stage of this proposal, it needs to be seen through the prism of advantages to the community, a safety and Crime Prevention/Minimisation strategy, albeit that an economic case may be produced for the system raising alternative revenue streams for the Government.
Setting the case for part one of this proposal – the G-Tag
The advantages of developing a GPS locating system, or G-Tag, for the entire Victorian road fleet will be no small feat; however the return will be enormous.
- Theft of Motor vehicles and machinery –
With a G-Tag stolen vehicles can be located quickly, the focus is on the property, not the perpetrator, however that will lead to perpetrators being detected rapidly. This will lead to a reduction in insurance costs. G-Tags. This would also reduce the demand on Police time and assist in arresting perpetrators.
G-Tags will influence the perpetrators knowing the chances of getting caught have escalated and may dissuade many would-be’s.
In Australia 49 vehicles a week are stolen and processed for scrap metal – one in four cars stolen are never recovered – $103 Million estimated value of cars never recovered. There are expected to be 5 million cars on Australian roads that do not have immobilising technology. (Source -National Motor Vehicle Theft Reduction Council.).
In Victoria, 14366 vehicle thefts were reported according to VicPol statistics – in 2014. In 2015 that number increased to 17090, an increase of 19%. The National average of vehicles not recovered is 31%,(This figure could be substantially higher when including vehicles recovered damaged beyond repair – burnt out etc.) so extrapolating those figures to Victoria, in excess of 5000 vehicles disappear every year, or nearly 100 every week.
What the statistics do not show is the hardship caused, and the danger posed to the community
- Community safety – a G-Tag will assist
- Victims of Domestic violence-. They can be better protected by tagging perpetrators vehicles in the G-Tag system to warn Police of the perpetrator heading toward the victim. The use of postcodes to quarantine victims will enable Police to intervene when postcode boundaries are crossed by perpetrators breaching a Family Violence Orders alerting Police to reduce the risk to the victim.
- Missing Persons-. G-Tags can locate vehicles of missing persons before self-harm. Suicidal victims are generally found after their demise when the family have contacted Police over concerns but Police driving around searching every nook and cranny has historically been demonstrated as ineffective and an utter waste of time.
G-Tags will save lives with the chance of getting professional help to a desperate person.
For a variety of reasons, people disappear in their cars, from murder victims to abductions to the mentally ill. To be able to locate their car using G-Tag will lead to interventions that will save lives.
- Rural application- The application in Rural and remote Victoria is very sound, consider being able to locate a tractor on a large remote property, or a driver overdue to destinations particularly in times of natural disaster. This will also reduce the number of unnecessary searches.
The applications of G-Tag technology can be extended to include watercraft and recreational vehicles.
- Technology instead of manpower. The thousands of man hours expended by emergency services, particularly Police, can be dramatically reduced in multiple circumstances by the G-Tag Policing will become more efficient and effective, reducing pressure on Police resources.
- Criminal activity –
- Terrorism Investigations would have the advantage of monitoring vehicles with G-Tag’s without intrusion to better understand the risks posed by suspects.
The use of vehicles as a weapon in Terrorism is commonplace in the current war zones and is likely to appear in Australia when Daesh fighters and or their families return bringing that knowledge with them.
- Criminal Behaviour –There is a current spate of home invasions where perpetrators physically confront victims in their homes by forced entry to gain access to keys to steal high-end motor vehicles. This type of activity is on the rise; there is a substantial risk that serious harm if not the death of a victim. The ability to track these vehicles by G-Tag and immobilise them is very attractive to the victims and Police.
- Illicit Drugs must be transported in vehicles at some stage. Access to G-Tag technology will provide invaluable assistance in managing the importation and trafficking of drugs.
- Hoon drivers –can be monitored and removed from our roads. Known hoons’ vehicles can be tagged in the G-Tag system and an alarm indicating when like tagged vehicles are identified by the system to be congregating can give Police the opportunity to intervene before the dangers escalate.
- Police Pursuits – This technology virtually eliminates the need for pursuit and the disabling of the car by G-Tag reduces risk to the Community, the Police and even the offender.
- Emergency vehicles – can easily and reliably be located and managed when civil emergencies occur. g. incident managers could recognise the precise locations of fire appliances during bushfire outbreaks, to direct them to where they are most needed – or away from impending danger.
- Arial surveillance – Currently undertaken by the Police Airwing, there are limitations with availability and response times. The G-Tag will not replace the need for Arial Surveillance as a Policing tool but the G-Tag will significantly enhance the effectiveness of the Air Wing reducing operating costs.
- Legal implications – The data recorded in the G-Tag system has evidentiary value as does E-Tags and Security Cameras; however the potential for the improved data available from G-Tags will provide strong data of evidentiary value for Prosecution and Defence in equal benefit, further improving our judicial system.
Setting the case for Part 2 of this proposal using G-Tag.
The first part of this proposal using a converted E-Tag’s will only reach a percentage of the Victorian fleet and unless a case can be presented for voluntary take up of G-Tags based on the E-Tag system the limitations although not totally limiting will reduce the overall potential of the program. The advantage of converting E-Tags to G-Tags will ensure a rapid introduction of the program.
Part 2 is the introduction of more sophisticated G-Tag’s (technology is currently available) that are hard-wired into the vehicle’s electronics and fitted where they cannot be easily removed or interfered with. This technology adds a new layer where the vehicle’s electronics can be activated remotely to put the vehicle into a limp-home mode (reducing its top speed to 80KPH) before activating the engine immobiliser to halt the vehicle. The only limitations will be that certain vehicles do not have the limp home mode and would be stopped at a safe place.
The upgraded G-Tags would need to be fitted to all new vehicles including trucks pre-delivery and fitted to all cars as part of the roadworthy process. A moratorium would be required to set a reasonable time that all vehicles must comply, similar to other safety initiatives including seat belt introduction.
Stage 2 will allow Police to intervene to stop the commission or continuance of a crime the primary role of Police.
The issue of re-establishing the functionality of the vehicle when recovered, or is no longer a threat, is again a technical issue that should not prove insurmountable. If it can be switched off, it can be switched on; it is just a matter of protocols.
The cost debate
There is a cost, but as this is innovation the technology development costs of G-Tag would be well offset by marketing the initiative interstate and overseas. A fee for service arrangement, assisting set up and a fee for intellectual property would generate substantial income.
Part of the development costs could be covered by the Insurance Industry and TAC, who both stand to gain considerably. There would be nominal cost recovery from the users in the installation of a device into the existing fleet – manufacturers would be required to fit the device pre-delivery on all new vehicles.
An offset to the toll operator’s contribution will be the income generated when tracking devices are fitted to the Victorian fleet to include the E-Tag function in the G-Tag effectively the E-Tag would be redundant.
With savings achieved to the State economy, the overall cost will be well offset. Recurring costs would be in part recovered by beneficiaries, namely Insurance companies, Toll operators, TAC and the user.
Car owners will have to bear some costs, subsidised for Welfare recipients but the cost should not be prohibitive somewhere under $200.
The proposal to introduce pay as you use the system for registration, third party and comprehensive insurance will contribute to the setup and recurring cost of the system. The system could therefore potentially protect innocent victims from financial hardship as a result of vehicle damage – Potentially the initiative could be cost positive.
Technology
Anybody who owns a smartphone or has a Satellite navigation device is acutely aware of the power and application of technology.
Currently advertised on the internet for $35 is a tracking device that can be attached to a vehicle and linked to a smartphone. The technology exists and is small and relatively cheap.
With the increasing sophistication of motor vehicles and their reliance on computers to manage their engines, an opportunity exists to intervene in a vehicle’s performance. A large part (and increasing) of the Victorian fleet are vehicles that have an inbuilt “Limp Home Mode” in their computer systems designed, to protect the engine from further damage should a fault be detected
It is a matter of connecting the dots. If we can identify a vehicle using GPS locating technology by a G-Tag, we only need to develop a mechanism to access the vehicle’s computer via the G-Tag to activate the “Limp Home Mode” or the vehicles,” Immobilisation technology”. A SIM card is the solution.
By designing and fitting an after-market, G-Tag to attached to the electronics of the vehicle, the function of the vehicle can be managed. The power supply for the G-Tag is then secured for the life of the vehicle. The simplest method to communicate with the vehicle electronics is by a SIM card in the device using the mobile network to communicate with the car’s computer.
The Issue of Privacy
In the 1980s there was a very vocal minority who saw themselves as the keepers of our privacy objecting to the installation of the eight CCTV cameras for a Commonwealth Heads of Government Meeting (CHOGM) held in Melbourne. They vocalised on the prying eyes and the abuse that would occur should the cameras not be removed immediately the conference was finished- “It’s a Police State”, was the mantra of the group.
Their plaintive cries are now fairly humorous when we look around at the number of cameras that watch us daily but there is no community concern as it has been demonstrated that they serve the greater good, and law-abiding citizens do not care if they are watched. Indeed, governments actively encourage wider use of CCTV in public places and the take-up of private CCTV systems – including those monitoring public spaces – is impressive.
This initiative has a distinct advantage over CCTV cameras. The Cameras have a deterrent effect and assist with identifying perpetrators but they cannot stop or prevent the continuation of a crime – the G-Tag can.
For anybody worried about the movement of their vehicle being monitored then realise there are over 5 million vehicles in Victoria so nobody would have the time the resources or the interest to monitor every vehicle – it will be enough just monitoring vehicle that is of particular interest- law-abiding citizens hide in the crowd.
-there is no reason to hide if you are lawful.
Impact on Judicial processes.
The implementation of this system will provide the Judiciary with an alternative in the sentencing of offenders particularly for the less serious traffic infringements and in some case, other criminal activity.
Currently, lives are ruined financially and otherwise by fines and driving restrictions that cause offenders to lose employment and the capacity to pay fines and in this double jeopardy can ruin many young people’s lives. Correcting bad behaviour by adverse outcomes destroys the chance of future compliance and does not lead to future compliance but can in desperation lead particularly young people towards crime and in desperation drugs to escape what they see as a hopeless situation from which they see no escape.
The G-Tag system can be used to manage the use of a vehicle to certain roads and or times to allow Offenders to continue in employment, therefore, enabling them to pay the fines but still having their mobility curtailed dramatically to serve as a punishment.
We are not suggesting this facility become run of the mill but for cases where a driver may exceed .05 after a reading shows residual alcohol or drugs in the low range. Or where breaches of Licence offences and registration matters can be managed without ruining lives.
The increase in penalty recovery would justify offenders retaining employment and avoid forcing people onto welfare and damaging the States productivity.
System Security
There will need to be legislation that includes safeguards for privacy and safeguards against tampering with the system either the physical equipment or any signal emitted.
One of the best securities of the privacy of individuals is the overall size of the Victorian fleet. The agency monitoring the data will be necessarily focused on the important data, and the average law-abiding citizen will only be exposed to the system when they are a victim.
Conclusion
The G-Tag is an “out there” proposal, but there is a myriad far more extreme ideas that once seemed farfetched that are now accepted as the mainstream norm, world wide web, television and the telephone!
Anybody who has a mobile phone, shops at a supermarket or a volume traders store, has interaction with any political organisation, uses the internet, uses a financial institution, has an interaction with Health or Education systems and takes out Insurance, is part of the workforce or reliant on welfare has more detail of their lives recorded, trolled through and assessed than we care to think about but it is a price we are prepared to pay for convenience and quality of life.
We now accept security cameras as a way of life as well as the dreaded speed cameras, an acceptable inconvenience that serves the greater good.
It will take leadership and innovative thought to implement this proposal; however the advantages to the community makes it a worthwhile project.
Our Prime Minister calls for Innovation – this is an innovation that will save lives.
“I have worked hard to own my car, and if it gets stolen, I would be delighted that it could be located and disabled as soon as it is reported (minimising damage to it). It would be a bonus that the low life that did it was caught.” A view that would be shared by the overwhelming majority of Victorians.
Recommendation
That a working party be established by Government to draft the legislation to establish a G-Tag Authority with the role of developing the technology and designing the model for the ongoing management and operation of the system.
Ivan W. Ray
Secretary
Community Advocacy Alliance
by CAA | Feb 21, 2019 | Library, Uncategorized
21st February 2019
Grenfell Tower – the name conjures up untold horror and that disaster happened half a world away. When flammable building cladding was responsible for the spread of fire in an apartment building, and so many died, the shock waves were felt here, and elsewhere in Australia.
Yet our authorities approved that flammable material for cladding purposes here – a really big and bad mistake. Well, that said, this community obviously needed to do something to prevent Grenfell Tower being replicated in Victoria. Was enough done?
Well, no – clearly – because we almost had precisely the same thing happen here in Melbourne. Nobody died but more by good luck than good management. Now, various bodies argue while people are still locked out of their homes and others have gone back to their homes – IN THE SAME POTENTIAL DEATH TRAP. Other similar potential death traps have been identified.
There seems to be debate over responsibility, financial liability and likely disruption in order to fix the problem – but the problem has not gone away and will not go away until firm, decisive and concrete steps are taken. Let’s stop debating.
Looking at rural Victoria we see the same sorts of potential disasters looming every summer, and decisive action is taken. Compulsory orders are issued to landholders to remove fire hazards – in the interest of the whole community – and the cost is borne by the landholder. Failure to comply entails local councils doing the work and recovering the cost, if necessary by attaching them to municipal rates on the property concerned.
The same model should be applied to the potential Grenfell Towers about Victoria – to fire hazards that need to be removed in the interest of the community, and of the fire fighters who will be called on to face the hazards up close when the inevitable happens.
But because government agencies bear a degree of blame (Sovereign Risk) for allowing the hazardous material to be used in the first place, government – on our behalf – can properly be expected to do more than just wield the big rhetoric stick.
There are precedents for governments extending interest-free loans to people facing disaster and we now propose that that principle should be applied to those caught up in the flammable cladding imbroglio. We do not say government should simply pay for the rectification works – we suggest government should lend money, interest-free, over an extended period of maybe ten years, to the owners of the properties concerned, to FIX THE PROBLEM IMMEDIATELY.
Repayments of the loans over time could be attached to the property rates.
There would need to be safeguards against racketeers gouging a share of this honey pot of government money, and rigid control over work and material quality – to avoid another pink batts scandal.
The public purse would not suffer as much as it may seem when the taxes associated with such work are taken into account – but that is not the issue that we concentrate upon. The property owners would actually benefit from the improved value of their assets.
CAA proposes that the time has long gone when further delay can be accepted. No more excuses. Time for firm and decisive action. Time to mobilise the power and the resources of government to prevent yet another Grenfell Tower from happening in Victoria.
by CAA | Feb 20, 2019 | Media, Uncategorized
by CAA | Feb 14, 2019 | Media
by CAA | Feb 10, 2019 | Library, Uncategorized
10th February 2019
Our legal system has many flaws but the one that gets no attention is the one that we should be seriously discussing and is probably the easiest to fix.
The Community Advocacy Alliance (CAA) has long advocated for the abolition of Committal Hearings for indictable offences. Successfully removed from other jurisdictions with no adverse consequences, Victoria needs to do the same.
From a bygone era (before the introduction of the hand up brief), the Committal Hearing process does not offer defendants any more protection and simply puts a step in the process that is detrimental to the offender, adds additional trauma for victims and complicates the legal system as a whole.
If somebody is charged by Police with an Indictable Offence (a serious offence that must go for trial and cannot be heard by a magistrate), there are a number of steps that the evidence must be processed through and Committal proceedings are unnecessary.
Unless the offender is arrested and charged the evidence (often referred to as the brief) must first be appraised by a senior member of the Police Force independent of the investigators to ‘approve’ the prosecution.
A copy of all the evidence against an accused person is provided to that person before any court proceedings. The ‘Hand Up Brief’ details all the evidence that the prosecution has against the accused. Effectively duplicating one of the original purposes for a Committal Hearing by ensuring the accused is aware of the totality of the accusations against them and the evidence that would be presented at a trial to support the charges, giving them ample opportunity to prepare a defence to the allegations.
Many of these committals run for days or weeks at enormous cost to the public purse as many accused persons receive legal aid. Committals often cost in real terms thousands of dollars and on that basis alone, they would fail any cost benefit analysis.
In Victoria almost all of defendants that are presented for a committal are committed for trial. If a defendant is discharged after a committal it is very unlikely the Office of Public Prosecutions (OPP) would proceed with a trial although a direct presentment is possible.
Once a defendant is committed for trial the Police are no longer the informants but purely a witnesses that can be called upon to give evidence if a trial proceeds. The role of informant and prosecutor transfers to the OPP who on assessing all the evidence will decide whether the matter will proceed to trial. If, based on the evidence, there is a likelihood that a trial is unlikely to achieve a conviction the OPP can decide not to proceed. The OPP has other considerations before a trial proceeds. A safety check valve superior to a Committal against wrongful prosecution.
There are several issues that should encourage that the Committal Process to be assigned to history.
Detention of accused on remand. The abolition of the Committal process will mean that remanded prisoners will not be held until a Committal Hearing can be scheduled, then again from when the Committal hearing is decided until their trial date. This will alleviate overcrowding in the prison system and Police cells. It is also much better for the accused who will spend much less time on remand.
Court Backlogs. This will substantially reduce the demand on Magistrates so that all Magistrates Court matters can by processed much more quickly. Relatively simple matters can take months and months to be dealt with and that does not serve the community well.
Cost savings. Apart from the obvious savings to the Courts, Police and Corrections budgets, one of the most important savings is to the Legal Aid budget. A corner stone of our legal system that ensures every person is properly represented. The savings can be put to expanding the Legal Aid function to represent victims.
There has been the occasion when a question has arisen over the innocence of a convicted criminal and that matter is dealt with as it should be by the Appeal process to ensure the integrity of our legal system. It is highly likely that each of these questionable matters went through our legal system including Committal proceedings so thereof it would have made no difference to the outcome had the Committal process not existed.
We encourage debate on this matter but hasten to add that the arguments put forward by the Legal Profession need to be viewed in the context of their pecuniary interests which they are unlikely to declare.
