by CAA | Sep 10, 2018 | Library, Uncategorized
10th September 2018
The Community Advocacy Alliance (CAA) today expressed its grave concern at a worrying development in Victorian policing. Namely VicPol attempting to extract thousands of dollars from the organisers of events and public addresses which are entirely legal, held indoors by invitation or ticket and where no offences are committed by the patrons.
The decision to charge the organisers (and not those who cause the resources to be deployed) a fee for holding an address by a visiting and leading British and European MP, Nigel Farage, is appalling. That his address attracted the usual grab bag of left wing activists and anarchists who caused significant public and traffic disruption in a “Public Place” was properly anticipated.
That the Victorian Taxpayer pays for Policing already for policing in “Public Places” is something that must elude Victoria Police. Who does VicPol think ultimately pays for this service.
To in effect charge citizens to attend a private event is dangerous in the extreme. It is in effect an assault on free speech, a fundamental right of all Australians but not it seems a right of people living in this State.
Not to mention the double impost of paying Police to police the “Public Place” by paying taxes and then paying in their ticket again for the same service.
The Victorian public demands an explanation from Police Command as to its policy and its justification for charging organisers of peaceful events such as the recent address by Canadian, Lauren Southern or last night’s address on Brexit and its economic and political implications for Europe by a British politician. Yet not charging the recent event at Collingwood which was the commercial launch of a record resulting in riotous behaviour.
| Event |
Pre-planned event |
Admission charged |
Class of event |
Violence by Patrons |
Sufficient police to maintain order |
Lawlessness in a public place |
Services charged to victims. |
| Milo Yiannopoulos |
yes |
yes |
Political and social comments |
No |
yes |
yes |
yes |
| Lauran Southern |
yes |
yes |
As above |
No |
yes |
yes |
yes |
| Gasometer Hotel |
yes |
yes |
Pop record release |
Yes |
no |
yes |
no |
| Nigel Farage |
yes |
yes |
Political and social comments |
No |
yes |
yes |
yes |
(Apart from the obvious there are other messages in this spread sheet)
Friday night was not a good one for me. My club Geelong was hit by the Demons and Victorian taxpayers were hit for attempting to enjoy “free” speech something that is anything but free in this State!
by CAA | Sep 3, 2018 | Library, Uncategorized
3rd September 2018
The latest police sick leave figures (HS 30/9/18) are unbelievable and equates to nearly 350 shifts lost per week.
With these sorts of numbers, you would have thought the penny might drop with the Government that VicPol has structural problems and should address those before victim blaming.
The problem predominantly is the organisation not the police members.
Selecting only the most suitable recruits will solve little if the structure of the organisation is flawed.
Teaching senior staff how to help staff is a bit off. Apart from the obvious question as to how they became senior staff without that basic of all management skills infers that VicPol wants to dodge the real cause, structural problems.
The Governments only answer is to recruit more police, when will real action be taken, when the lost shifts achieve 100,000?
by CAA | Sep 1, 2018 | Library, Uncategorized
1st September 2018
Sergeant Wayne Taylor (Herald Sun 1/9/18) is the sort of cop that should be cloned not pilloried.
Talk to any police member serving or retired and they will relate stories of prolific thief catchers like Sergeant Taylor. Most Police are in awe of their uncanny ability, which by the way ,only comes from dedicated and focused hard work.
But according to VicPol this skill type is of no consequence or worthy of consideration because of a poorly designed , risk adverse pursuit policy that has dogged the Force for years including contributing to the horrific outcomes in Bourke Street.
The public should rightly be outraged at the treatment of this Sergeant that may well end his career and we are not referring so much to the outcome as the process he is enduring.
It would seem that the speed he was travelling at, necessary to do his job, is the main bone of contention.
Exceeding the speed limit or breaking any road rules by a Police member in the execution of their duty should follow the same principles as using a firearm. The speed may need to be justified, but only in light of all the circumstances including the actions of perpetrators. Police are driving very safe motor cars and many police like Sergeant Taylor possess a high level of driving experience in these circumstances.
The community supports the Sergeant- he is the type of police we want to protect us.
by CAA | Aug 27, 2018 | Library, Uncategorized
27th August 2018
They both need structural attention over time.
Following social media or just keeping randomly abreast of the news the criticism of Victoria Police is consistent. The community firmly and very vocally is of the view that the Victoria Police is not providing the sort of service they believe they require or are entitled to. An underlying trend of diminished trust is evident.
Lack of transparency and a consistent message that things are not as bad as they appear to be does not wash with the community who know exactly what is happening because in most instances they were there.
Rebuilding public trust in the organisation must be a key target for the Government and the Police Commissioner. However this declining trust has been evident for many years and the correction will not happen overnight but happen it must as the alternative is dire.
Governments can throw all the money in the world at policing but if the fundamentals are not adhered too it is wasted effort and resources.
The experience many of us have had with computers is not dissimilar with what has happened to Victoria Police. Victoria made the mistake of letting somebody without the necessary skills and knowledge play with the mouse and keyboard of VicPol. Almost immediately the system showed signs of stress. After running all the cleaners and other techniques to repair the system it deteriorated further.
The next logical step was to reboot the system to correct the problems. VicPol has been rebooted three times with the appointment of Chief Commissioners Overland, Lay and Ashton. Some might say that they had been handed a poison chalice. Be that as it may in varying degrees the problems persist.
As with a computer there is only one option left, given that the consensus is that the hardware (the operational members) is in good shape probably better than it has ever been.
Victoria Police need to wipe the system, replace the hard drive and recover the system from a time when the organisation was sound.
Operating from a clean base will regain community confidence very rapidly.
The test will be a commitment from an enlightened Government and an outstanding Chief Commissioner capable and willing to make brave decisions devoid of loyalty biases.
by CAA | Aug 16, 2018 | Library, Uncategorized
16th August 2018
Herald Sun 16th August 18.
The Sentencing Advisory Board claims that because only 3% of sentences in our Courts are appealed the Judiciary have it right – right for whom?
Crooks are hardly likely to appeal weak low-grade sentences and the Crown rarely lodges appeals only doing so in the most egregious injustices.
That accused persons (crooks) are not appealing is hardly a ringing endorsement of our sentencing regime.
Perhaps the judiciary should look at more meaningful statistics like the recidivism of those convicted and sentenced. The only problem the Judged will all be from the same pool that has not served us well.
Time for all the sentencing guidelines and advisories to be scrapped and let Judges decide on penalty based on the evidence before them. Each judge can then be accountable for the recidivism rates of their courts sentencing.
When 30% of all cases are appealed then we know things are closer to about Right!
by CAA | Aug 15, 2018 | Library, Uncategorized
15th august 2018
In an era many years ago when police where not required to provide the defence with all the evidence that the police has accumulated against an accused a formal caution was introduced. Initially the caution was:
I must inform you that you do not have to say or do anything but anything you say or do may be given in evidence.
Do you understand that?
As time passed and with pressure from Law reform Activist the following rider was added:
I must also inform you of the following rights.
You may communicate with or attempt to communicate with a friend or a relative to inform that person of your whereabouts.
You may communicate with or attempt to communicate with a legal practitioner.
Every Police investigator can relate experiences they have had where they have investigated a crime thoroughly (based on the information they know about) interviewed the suspect and when satisfied that they propose to charge the suspect delivered the formal caution before the formal interview. Only to find when they go to court the accused produces evidence that has not been investigated but is left to the courts to rule on, based only on what is before the Court. This strategy by accused persons seems only to occur after the accused retains legal representation and is an anomaly in the Legal system that is a double-edged sword.
It has often been the view of Police that the evidence presented by the defence has been manufactured but at this stage of the Legal process investigators cannot verify or examine the veracity of the claims made, let alone locate evidence that may refute the defence claims.
While dropping new evidence into the hearing at the last minute may be helpful to the accused it is also can be detrimental.
Investigators, who become aware of evidence that goes to the innocence of the accused, would likely not proceed with the prosecution saving the Courts, Police and the accused considerable money and time. The only people to miss out in this scenario are the lawyers. It is for this reason there will be strong opposition to our proposal, not based on fairness before the law but on a much more pecuniary self-interest that permeates the legal profession.
The Community Advocacy Alliance (CAA) believes very strongly that the formal Police caution should be changed to mirror the British model. It is simpler and fairer to the accused and the State (Prosecution).
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.
Britain has long acknowledge that the caution must be in plain English using common phases and words therefore being more likely to be understood by accused persons, the vast majority not being Rhodes scholars.
by CAA | Aug 14, 2018 | Library, Uncategorized
14th August 2018
The exposure of VCE Legal Studies Students to prisoners must stop.
The use of prisoners to talk to children as some form of education is absolutely flawed for more than one reason – Impressionable young people can be incorrectly influenced by charismatic prisoners gaining their respect and the prisoners gain a sense of authority when they are the failed souls of our society. Prisoners are the absolutely antipathy of the types of character our children should be exposed to.
The spinning of stories by criminals no matter how controlled will always have the potential of negative impacts on some students – the risk well outweighs the perceived advantages. Students may want to know what it is like in jail but do they need to know?
Trying to remove the mystique of jail reduces its deterrent effect.
Couldn’t a Prison Officer give an account of jail life to students at their school if they really must know?
by CAA | Aug 11, 2018 | Library, Uncategorized
11th August 2018
The problems with the thugs of African appearance causing so much angst and damage in our society can be sheeted back to one cause.
A flawed policing strategy first enunciated in the 2000,s and most recently again at the Moomba Riots in 2016.
The Police focus was on “Restoring Law and Order” and that part of their strategy is fine but they omitted the other essential component, arresting perpetrators. If they are arrested their involvement ceases immediately.
The perpetrators do not see the unlikely prospect of Police knocking on their door as a result of CCTV identification sometime in the future as much of a deterrent. By the present process arrests usually number in the low single figures and aimed at the main perpetrators but the rest of the mob just continue on ignoring social norms and the Law.
The strategy of simply dispersing and restoring order has spawned a belief with the perpetrator’s that they are untouchable and that will spawn more disorder. Once the untouchable phenomena becomes the norm no other police or community strategy will turn this issue around.
How you win back the streets is to ensure there are immediate consequences for gross social violent misbehaviour. We do not need more Laws or more police. Arresting perpetrators at the time of the incident will quickly disperse the not so committed and they are unlikely to come out again if there is a good chance they will be arrested. Without a crowd behind them even the most strident perpetrators interest will wane.
A Police line backed up by arrest teams is the only solution.
by CAA | Aug 5, 2018 | Library, Uncategorized
5th August 2018
Retired senior police officers, victims of crime, social workers and business people say freedom of speech is a right of all Australians and its expression should not be discouraged by financial considerations as might be the situation emerging in Victoria.
The Community Advocacy Alliance’s position follows a recent decision by Victoria Police to charge an overseas social commentator, Lauren Southern, $68,000 for its attendance outside a venue she was speaking at in Melbourne’s Northern suburbs.
Chairman of the CAA, retired chief police commissioner Kel Glare said there was a significant difference between events such as an AFL match where police are deployed to patrol inside the stadium and the Lauren Southern situation where those exercising their right of lawful free speech needed to be protected from protestors outside trying to prevent a private event proceeding through violent direct action which included wilful damage and disrupting hundreds of motorists in the Somerton area through their closure of a major arterial, the Hume Highway
“We accept Police services being charged if an event is intended as a profitable enterprise and policing is required inside a venue. We do however have a problem of police charging for services in a public place and outside a venue irrespective if it’s a commercial activity or not.
“The Alliance has written to Police Minister, Lisa Neville, expressing its concern and the need for a clear separation of powers between Government and Police.
“Victorians already pay for a Police Service whose duties include protecting people attending a lawful event. In two recent cases the organisers of two lawful events in Melbourne have been served invoices for thousands of dollars in contrast to the perpetrators of violent action who escaped any costs but against whom considerable police resources had to be deployed. Under the present Government interpretations Victoria could arrive at the ludicrous situation where Police might charge political parties in this state for holding a political function if it’s the subject of a protest”
The Community Advocacy Alliance is a non profitable organisation which is active in raising issues and initiatives directed at improving law and order in Victoria and making the State a safer place for all Victorians.
by CAA | Jun 26, 2018 | Library, Uncategorized
6th June 2018
The laws removing a person’s right to drive are designed to improve compliance and reduce death and injury on our roads. This is a laudable and noble endeavour, however when that noble cause also creates undesirable consequences it should be reviewed.
There is no doubt that the strong penalties imposed on drivers who break road laws have a deterrent effect, particularly on young drivers, but the current sentencing (some mandatory) needs to be discussed and reviewed. Sentencing or penalties should be about correcting behaviour not about destroying lives and making things worse for our community.
The total removal of the right to drive can be a terrible penalty with many unintended consequences that do not always achieve the desired effect. If a penalty also means losing employment this is very severe for a first offence and is counterproductive to the greater community good.
There will be argument that the transgressors deserve what they get and they made bad choices and put others at risk – perhaps there is merit in that view, but when considering the overall impact of these penalties that they can be disproportionately unfair, particularly for first or young offenders. There needs to be a pragmatic review of the system. Destroying lives is not good Justice.
We are not talking about serious, serial or rogue recidivists. They do not deserve compassion.
There is a bias in imposing penalties against those who are employed in the non-professional sphere. Licence Suspensions and Disqualification coupled with fines (often and routinely higher than for property crime and crimes of violence) may utterly destroy those who need a driver’s licence for their job.
Taking away a person’s livelihood for relatively minor offences is cruel and unjust.
The first thing that happens to most trade-orientated defendants is their job is lost and hope of employment in their trade unlikely. Apprenticeships can be lost forever. Some professional people and workers in retail, health and hospitality can access their work by public transport but frequently a trade worker must be able to drive, not just to access their work places but to undertake their work. Mechanics who cannot test drive a car, or plumbers and carpenters who cannot carry their tools to work, are just some of a myriad of jobs that require a licence. We may, of course, add any employment where a driving licence is an employment condition.
Workers who lose their licences and their jobs lose the capacity to pay fines. Defaulting on fines can lead to imprisonment. The loss of income also means that any loans un-serviced can result in foreclosure and the probable repossession of the goods, usually their car. This inevitably leads to the downgrading or loss of any form of credit rating. The multiplication effect of penalties does not take into account that the offender still has to live and the penalty is further magnified if the driver is on the lower end of the socio economic scale. Insolvency and bankruptcy are sometimes inevitable.
In summary, penalties for low range traffic offences and for a first offenders are destroying lives.
It is incongruous that penalties regularly reported in the media for crimes of violence, drug and property offences (and even some high-range driving offences) seem to be proportionally and sometimes lighter than those imposed on drivers who are first time offenders for low-range offences.
Poorly applied sentencing penalties will not lead to a reduction in offending but an escalation as perpetrators convert to victims of the system. They can feel trapped and can see only the option of repeat offending, or resorting to habitual welfare, joining the unemployable.
A feeling of hopelessness and being trapped in the” Unintentional Cycle” pushes many to criminal activity and or drug abuse as an escape or an ill-advised path to a solution. The untold mental damage and perhaps self-destruction is bad enough for the individual but the impact on the community is totally underrated.
Low level traffic offenders can go from net contributors to a net liability for the community through welfare.
Drivers need to be accountable for their non-compliance but we need to review the removal of drivers’ licences so as to allow the courts to use diversions, conditional Suspensions and Disqualifications.
It seems odd that diversion is the preferred option for the courts in criminal matters but they do not apply the same standards to traffic matters. The rationale should be identical.
To remove a licence conditionally by limiting hours of driving so that the defendant can continue to work, would seem to be a fairer outcome and the impact on their social life not unreasonable – though even that may be excessive for a first offender.
Why should we not offer Good Behaviour Bonds in traffic cases as is done in some other State jurisdictions?
Under the current system we still have many recidivist traffic offenders. The current regime does not promote compliance to any greater degree than the alternative approach we recommend.
How many of the current crop of recidivist drivers lost their licence for their first offence and ended up in the “Unintentional Cycle”?
We call on the Government to bring about necessary changes to legislation to provide greater flexibility in sentencing for traffic offences in Victoria, making them at least comparative to the criminal sentencing practices.
The” Unintentional Cycle”
– is this what we want to do to our community?
by CAA | Jun 18, 2018 | Library, Uncategorized
18th June 2018
This is a three part account of Why Youth Crime Spiralled out of control in Victoria and what we can do about it: Pat 1 Victoria Police Command’s Bad Public Policy Decisions; Part II – A failure by IBAC and Victoria Police to Investigate Complaints and Part III – What We can do about it.
Part. 1 Victoria Police Bad Public Policy Decisions
I am John Thexton, I am now a private investigator. I resigned from Victoria Police in disgust in July 2016 after 42 years. I held the rank of Inspector. I have been a detective at various ranks including local Crime Investigation Units and the Drug Squad. I have also performed duties as a police prosecutor, Local Area Commander and in Community Development and Policy and Planning and Risk Assessment roles. I hold a Master’s Degree in Leadership and Management (Policing), a Diploma in Alcohol & other Drugs and Certificate IVs Youth Work & Training and Assessment. In 2015 I was also employed by Charles Sturt University teaching NSW Police Recruits at the NSW Police Academy.
It is as clear as the nose on your face that many of the issues we face today, including: youth crime, youth gangs, the “ice epidemic”, home grown terrorism, hoon behaviour, family violence and mental health issues, all have a common denominator, that being disengagement of youth from their families, education and their broader communities. For Victoria Police command to not actively support structured face to face engagement with youth just defies common sense.
Nobody in Victoria Police Command has intentionally set out to make this State less safe, but to the detriment of our communities and operational police officers, that has been the result of their policy decisions to retreat from engaging effectively with the communities they took a oath to protect. They have failed in their commitment to their oath of office that: “I will prevent to the best of my power all offences”. A commitment which stems from the earliest principles of policing. Victoria Police command have retreated from those principles and have indeed in the words of former Chief Commissioner Kel Glare, Lost the Plot.
Petrol Drive-Offs
Other poor policy decisions by Victoria Police command that lead to this fiasco was the change in policy relating to the theft of petrol, petrol drive – offs. As part of my then role as Regional Policy Advisor this policy was circulated for comment prior to its release. One senior commissioned police officer wrote, “Who thought this was a good idea” and “This is nothing but crime prevention by statistical redesign.” These few comments sum up the thoughts of many operational police. I researched the issue and found that Victoria Police was following a similar policy in Western Australia. I found that 12 months after the introduction police officers were failing to investigate where there was clear supporting evidence that a criminal offence had occurred. Western Australia Police had to issue a direction to police officers to actually conduct an investigation.
This was a policy that was supposedly sending a message to large corporate companies to change the way petrol was sold, but in effect was actually a message to thieves that they had a green light and a message to every person working behind the counter that Victoria Police was abandoning them and yet another reinforcement of the message that when it comes to policing, “There is nothing we can do about it.” see Police Urged to Investigate Petrol Thieves after Civil Ruling Led to Surge in Driveoffs
Strangely enough people who steal petrol tend to be involved in a whole range of other anti-social behaviour. If a report is not taken there is no incentive for service stations to update CCTV or for that matter provide any CCTV footage to police. Result, Police investigators job made harder to identify offenders who may have been involved in other crimes including home invasions. I recommended against the implementation of this policy and recommended adoption of the NSW and Queensland Police approach.
The adoption of the policy and subsequent outcry resulted in a Victorian parliamentary Inquiry into fuel drive-offs The Committee’s first recommendation was that Victoria Police develops an online fuel drive off incident report form (precisely what NSW and Oueensland had in place) and the second recommendation was that Victoria Police actually conduct an investigation when a petrol theft is reported – https://www.parliament.vic.gov.au/images/LRRCSC_Inquiry_into_Fuel_Drive-Offs.pdf. Common sense really.
Victoria Police Youth Foundation
Also, at this time Victoria Police command withdrew support for the Victoria Police Youth Foundation. The Foundation was specifically established to fund projects which involved Police engaging with Youth. The foundation, through its Executive Officer, Andy Walsh established links with business corporations such as the Pratt Family group of companies and Linfox and the Union movement. These links provided an increasing generous funding source to break down the barriers between Police and Youth and contributing to providing a safer and more inclusive community. Just as the fund gathered momentum and funds began rolling in Victoria Police Command pulled the pin.
Youth Parole
Recidivism rates by youth released from Youth Justice Centres is even higher than that of adults released from prison. Yet when an adult is released on parole, the release date, the conditions of parole and the parolees address are routinely forwarded to Victoria Police from Corrections Victoria. Youth Justice Centres come under the control of the Department of Human Services and do not routinely release this information. I submitted numerous reports to Victoria Police command detailing the risks of police not receiving this information and provided specific instances of youth coming into contact with police and breaching their parole conditions, without police being aware of those conditions and those youth going on to re-offend. The Department of Human Services responded that the Department would not routinely release this information as it was an issue of privacy. I obtained a legal opinion that debunked this claim and directed Victoria Police to the existence of an administrative mechanism to possibly resolve this disagreement on policy. Despite this Victoria Police failed to pursue this issue.
Road Safety
Over five thousand Victorians a month ring 000 each month to report drivers driving dangerously on our roads (Computer Aided Despatch date collected by the Emergency Services Telecommunications Authority that you as a member of the public who pays for this to be collected is not allowed to see. Despite the public desire to help, Victoria Police does not have in place a process to consistently and effectively deal with these calls. Over a number of years, I submitted reports detailing the serious consequences, including serious injury and death, which have occurred as a result of this failure – see, Killer drug driver Joseph Brigante jailed over the death of Barbara Digby. http://www.heraldsun.com.au/archive/news/killer-drug-driver-joseph-brigante-jailed-over-the-death-of-barbara-digby/news-story/0a52683e45e4ed5822612eb316dc4d6a
I demonstrated what can be achieved by properly investigating these calls and also worked with colleagues to improve the data available to address this issue. Victoria Police still does not have in place a process to consistently and effectively deal with these calls. Failure to do so will continue to cost lives.
Local Management
Chief Commissioner Neil Comrie introduced, Local Priority Policing in 1999. Victoria Police aligned their boundaries and service delivery with municipalities. In metropolitan Melbourne an Inspector was responsible for day to day policing within each municipality. Two municipalities formed a Division with a Superintendent in Charge. In regional Victoria an Inspector was in charge of an area covering two municipalities with a Division often covering four municipalities. Despite the Inspectors being poorly supported with appropriate resources local police and the public in a municipality knew who was responsible for day to day policing in that area.
The state was also divided into five Regions, one covering the City of Melbourne and the remaining four following major transport routes and communities of interest. Each Region had responsibility for portions of metropolitan Melbourne and Regional and Rural areas. This meant that the old cave up of resources between the “city and the bush”, with the country being the poor cousins was addressed.
During 2013 the management of local service delivery moved to a Divisional platform where various Inspectors were responsible for aspects of service delivery. This meant that no longer was there one Inspector in charge of all aspects of day to day policing in a municipal area. The responsibility for day to day policing had effectively been moved further from the community they served.
The Regions were also realigned to a hotchpotch of a mix of purely metropolitan Melbourne Regions and Regions covering metropolitan and regional and rural areas. Many regional boundaries were realigned to the metropolitan/rural interface, the very areas that are at the highest risk for bushfires where the greatest co-ordination of resources is required in times of emergencies. Other Government Departments have not followed this flawed approach.
The last major increase in police numbers saw a significant number go to a centralised command in the Force Response Unit and the Public Order Response Team. This was done without any communication to police officers on the front line or the broader community that this was an approach that was evidence based and shown to be successful in any other jurisdiction similar to Victoria. Having a centralised model meant that if the support of these officers was required in the outer suburban hotspots, such as Dandenong, Casey, Cranbourne or Frankston, two hours of any shift were lost by simply travelling to the area, let alone if they were required in regional centres, such as Shepparton, Mildura, Bendigo, Ballarat or the Latrobe Valley. A number of different models could have been trialled, including having similarly trained members located at decentralised locations closer to the areas where they were required or simply deploying additional members to these areas. The various models could have been evaluated and the best applied.
Uniform
The whole shift to a darker more ominous colour smacked of a force less likely to engage with the community and of an organisation bereft of ideas and taking a copycat approach rather than effectively supporting innovation to improve community safety. The only state in Australia that has not succumbed to this latest edict of the fashion police is New South Wales, who have resisted change for the sake of change, but are looking at change only in order to make operational police officers safer.
This retreat from engaging with communities has not occurred in other States where the crime rates have been falling, e.g when Victoria Police withdrew police from schools NSW was establishing such initiatives. NSW and Qld each have almost 60 Police & Citizen Youth Club (PCYC) each supported by full time police officers. Victoria has one PCYC not supported by a full time police officer.
Any questioning of the legality or wisdom of these policy decisions from those within Victoria Police has been ruthlessly suppressed. As occurred with former Inspector Gordon Charteris before me. Failure to allow these concerns to be heard has meant these policies have been implemented without due scrutiny or discussion by the public.
Part II – A failure by IBAC and Victoria Police to Investigate Complaints
Operation Newstart was a partnership between Victoria Police and the Department of Education which reengaged at risk youth in Education which was first established in 1997. At its peak nine programs operated in Metropolitan and Regional Victoria. The program was independently evaluated and commended by a Victorian Parliamentary Drug & Crime Prevention Committee, in an Inquiry into Locally Based Approaches to Community Safety and Crime Prevention in 2012. The program was also recognised as a national winner of the 2010 Crime and Violence Prevention Awards (http://www.aic.gov.au/crime_community/acvpa/2010.html). The program has the potential to expand to every municipality across the state.
I took these steps after exhausting all other avenues, because as a police officer with forty years experience I was extremely concerned that the policies of Victoria Police Command would make Victoria far less safe. Unfortunately my fears since 2014 have come to fruition.
As a result of my actions I was subsequently charged with a disciplinary offence of disobeying a lawful instruction to not speak out.
I maintained that the instruction I was given in fact was not a “lawful instruction”. My complaint was that Victoria Police Command had acted “unlawfully” in coming to the decision to issue the instruction.
The “lawful instruction” was in fact “unlawful” as Victoria Police had failed to obey the law when making the decision to issue the instruction:
- Section 38 of the Human Rights and Responsibilities Act required Victoria Police to give “proper consideration” to human rights, prior to making the decision to issue the instruction, otherwise the decision is unlawful at law.
- The steps needed to be taken to give “proper consideration” have been clearly defined by the Victorian Supreme Court of Appeal.
- There is no evidence to date that Victoria Police followed these steps.
I made a complaint to IBAC and Victoria Police that Victoria Police Command had acted unlawfully.
IBAC chose not to investigate my complaint:
- IBAC can chose not to investigate under the IBAC Act.
- One of the functions of IBAC under Section 15 of the IBAC Act is to assess police personnel conduct and “to ensure that members of the police force have regard to human rights set out in the Charter of Human Rights and Responsibilities Act 2006”.
- Failure to investigate complaints of police personnel conduct in preference to only investigating serious corrupt conduct is the equivalent of failing to put barriers at the top of a cliff to prevent injuries in preference to deploying ambulances at the bottom of the cliff. This was a bad public policy decision.
However, Victoria Police does not have an option not to investigate. Under Section 169 of the Victoria Police Act, The Chief Commissioner must investigate a complaint about the misconduct of a police officer. Victoria Police refused to investigate my complaint. My complaint has gone uninvestigated by both Victoria Police and the “watchdog” IBAC.
Why should any of my personal experience where I resigned from Victoria Police with a disciplinary charge hanging over head after not being charged with any disciplinary offence in over 40 years of policing and being awarded the National Medal and 35 year Good Conduct Medal be of any interest to members of the public. Because my experience is indicative of a hierarchical organisation that does not change unless their behaviour is challenged in the courts. It is an organisation that manages by fear. Because this dysfunctional behaviour has consequences for operational police, including stress and poor mental health outcomes, at times tragically ending in suicide. Policing is difficult enough without also battling dysfunctional management. Not being accountable also leads to Victoria Police Command making poor public policy decisions with impunity.
Further evidence of failure to investigate complaints made to both Victoria Police and IBAC can be found in a farcical use of social media, more akin to the behaviour of school kid than a member of Victoria Police Command. Refusing to investigate is not an investigation: an investigation being defined as a search for the truth; in the interests of justice; in accordance with the law.
Following a personal attack by Assistant Commissioner Fryer on the Chairman of Community Advocacy Alliance (CAA), former Chief Commissioner of Victoria Police Kel Glare, in May of 2017, a troll using the nom de plume Vernon Demerest (a character from the 1970’s movie Airport) started attacking the CAA on facebook and Kel Glare in particular.
The troll accidently outed himself as Assistant Commissioner Brett Guerin, the head of the Victoria Police Professional Standards Command when he briefly published derogatory comments under his own name before taking down the post and publishing under the name of Vernon Demerest.
CAA lodged a complaint with the Chief Commissioner who, by law under the IBAC Act must refer any complaints against the rank of Assistant Commissioner and above to IBAC.
IBAC determined that the complaint would not be investigated by them and referred it back to the Chief Commissioner who has decided not to take the matter further.
Would a member of the Police force of a lower rank escape investigation for creating and using a fake identity on Facebook for no other purpose than to denigrate a member of the Public? Executive police officers should be held to the same or a higher account than other ranks in the Force. And no more so that the head of the Police Professional Standards Command.
In another instance, Victoria Police Command and IBAC also refused to investigate a complaint that members of the Professional Standards Command who it was alleged acted inappropriately in charging a Victoria Police employee with criminal offences. At the eleventh hour prior to the case going to Court the Director of Public Prosecutions withdrew all charges.
The culture of acting with impunity and being more concerned with perceptions rather than facts and evidence has also been highlighted by the Police Registration and Service Board decision to reverse a decision to dismiss a Senior Constable from Victoria Police, Victoria Police officer sacked for punching 13-year-old boy in face is reinstated,
http://www.theage.com.au/victoria/victoria-police-officer-sacked-for-punching-13yearold-boy-in-face-is-reinstated-20171228-h0b1hk.html and The cases: Victorian police reinstated after review of dismissals
http://www.theage.com.au/victoria/the-cases-victorian-police-reinstated-after-review-of-dismissals-20160629-gputmd.html, both articles written by Nino Bucci a Crime Reporter for The Age.
A further article by Nino Bucci: Police complaints process overhauled after a decade of criticism: states Assistant Commissioner Brett Guerin is overhauling the police complaints process. The article fails to mention that his overhaul apparently includes, not investigating complaints at all. Is this the case of the fox being in charge of the hen house?
The consequences of the failure by Victoria Police and IBAC to conduct investigations into my complaint and similar complaints has meant Victoria Police Command can act with impunity, where making bad public policy decisions can be made unimpeded, such decisions have contributed to making Victoria less safe.
Part III – What We can do about it:
Take a bi-partisan approach and have both the Opposition parties and Labor set policies that ensure Victoria Police restores prevention as part of Victoria Police core duties. Support Victoria Police to work collaboratively with other agencies and the public in developing programs that see police having face to face engagement outside a reactive operational setting, particularly with youth.
Examine has worked in Victoria, e.g. re-examine Police in Schools, Blue Light Disco, Neighbourhood Watch and Operation Newstart and other initiatives such as Backyard Rugby and what works in other states in Australia that have not experienced the dramatic increase in youth crime, look at how police in schools operate and PCYCs.
Change the culture of policing by making promotion within Victoria Police dependent on demonstrating a commitment to effective prevention of offences and positively supporting police under an applicant’s command. By Victoria Police taking a leadership role in preventing offences will encourage many more community members to actively participate in preventing youth from disengaging from their families and communities.
Recognise successful prevention initiatives and initiatives that include members of the public in preventing and reducing crime and public disorder and safety on our roads.
Over the last three years the Community Advocacy Alliance, chaired by former Chief Commissioner of Victoria Police, Kel Glare and made up of former Victoria Police members, two of whom went on to be Commissioners of Queensland and Tasmania Police, and concerned citizens, have been meeting and providing advice to both opposition parties and the government in Victoria. Both have been receptive; however, Victoria Police Command has not demonstrated the same openness to listen and have in fact displayed hostility, as demonstrated above. We need to openly discuss and debate Prevention and Citizen Empowered Policing and the Community Advocacy Alliance 100-point plan, that not only looks at policing, but also the criminal justice system as a whole, to make Victoria a safer place.
We need to ensure IBAC takes into account their duties under the whole act, including, personnel conduct and misconduct not just serious corruption – if IBAC does not have enough funding to investigate what leads to serious corruption then IBAC needs to make a strong case to ensure the funding is required and provided. Have Victoria Police comply with the law under the Human Rights and Responsibility Act (after all the Victorian Court of Appeal found that the Victoria Government was required to do so, so why not Victoria Police), this will lead to sounder and more accountable decisions as envisaged when the Act was originally debated. Have Victoria Police comply with the Victoria Police Act to investigate complaints made to them.
by CAA | Jun 15, 2018 | Library, Uncategorized
15th June 2018
I am a licensed Investigator in Victoria and New South Wales. I currently conduct circumstance WorkCover and TAC investigations and provide expert opinion reports.
I am a former member of Victoria Police with 42 years’ service holding the rank of Inspector. I hold a Master Degree in Leadership and Management (Policing) and a Diploma in Alcohol and Other Drugs as well other tertiary Certificates.
On 6 July 2016, I resigned in disgust. I had been very concerned with the strategic direction and poor leadership of Victoria Police Command over a number of years. I have written a number of articles expressing those concerns, which are available on LinkedIn. I am also Vice President of the Community Advocacy Alliance chaired by former Chief Commissioner Kel Glare and have articles on their Facebook page.
Following the current Victoria Police PBT debacle (a similar situation was detected by then Assistant Commissioner Graham Sinclair in 1996) I believe it is opportune to raise again one of my concerns regarding Victoria Police Command’s approach to road safety.
Over a number of years I researched the Victoria Police response to calls to 000 reporting erratic and reckless driving including hoon driving or rather the lack of any meaningful response.
Each month approximately five thousand calls are made to 000 by concerned members of the public regarding erratic and dangerous driving by other road users. These are emergency calls.
The alleged erratic drivers are identifiable by the registration of the vehicles given to the 000 operator by the callers. Anecdotal evidence would suggest his problem is on the increase in line with the marked increase in the community of the use of Ice and other drugs. In this digital age, many of these calls are supported by dash-cam or mobile phone footage.
Despite this for well over 90% of calls, the only response is to broadcast a keep a look for (KALOF) the offending vehicle. There is no further investigation and the details are not even gathered for intelligence purposes.
This information is contained in ESTA (Emergency Services Telecommunications Authority) CAD (Computer Aided Dispatch) data, which is not released to the public. If it was I am certain that members of the public would be outraged. This approach by the police executive is counter intuitive to their pleas for public assistance.
My research found that in some instances these offenders went on to be involved in serious and at times fatal collisions – see police-stopped-driver-three-times-before-fatal-crash-20110413-1de6m.html
My research also found that people who are reported as driving erratically are not just bad drivers, but they have a history of anti-social and criminal behaviour.
In addition to my research, I had follow up investigations conducted. I found that in addition to drivers who flagrantly breached the law and put other road users at risk there were also a number who had medical conditions that impaired their driving ability. Those who deliberately breached the law were convicted at court and their licensed suspended.
Members of the public are concerned and want to contribute to road safety yet there concerns are virtually ignored. This just defies common sense.
I believe an area where TAC can contribute to improving road safety outcomes is to urge and support Victoria Police develop an effective and efficient business process to address this situation. I have no doubt this would save lives and serious injuries.
An offer to discuss this matter with the TAC has not received a response to date.
by CAA | May 31, 2018 | Library, Uncategorized
31st May 2018
The startling inaccuracy in the number of actual Breath Tests conducted in Victoria has every Victorian rightly concerned about just what is going on with Victoria Police that this sort of activity can fester and grow.
It is very encouraging that the new head of Police Ethical standards is looking at the management processes that failed to identify or manage this problem rather than the Police on the street who felt pressured to undertake rorting the system for which their only benefit may be avoiding a bollicking for not meeting quotas.
Perhaps Assistant Commissioner Barrett should look at the relationship between VicPol and TAC. TAC presumably is the instrument of government that negotiates on their behalf the quotas of Breath Tests or targets but Vicpol seems to accept the conditions of the negotiating without due consideration of the organisations capacity to deliver and the negative impact these quotas will have on the organisations capacity to deliver an overall effective Police service.
Largess offered and accepted by Vicpol executives from TAC may be the root cause. Accepting any gratuity from an opposing entity in negotiation a contract puts you at a disadvantage.
Overreach by VicPol to reward TAC for their generosity they may have provided, is corrupt behaviour.
by CAA | May 28, 2018 | Library, Uncategorized
25th May 2018
The establishment of the Task Force “Wayward” headed up by a Detective Senior Sergeant Brett Kahan at Footscray Police Station sees a seismic shift in Policing philosophies for Victoria.
These initiatives are an application of the Victoria Police’s own Mission Statement based on the ‘Peelian principles’ of modern policing and now Victoria Police has started to move in this direction thanks to one Detective Senior Sergeant.
Victoria was a leader in this Policing concept for more than two decades until 2001when this approach started to be dismantled. The most obvious sign that change was occurring was the dismantling of all Police Youth programs leading to a police disconnect with youth the ramifications are still being felt today.
Reactive policing soon became the norm and was accompanied by a dramatic increase in crime. Effectively police waited for the crime to be committed then took action. The apparent growth in incidents where police take a passive non-interventional approach allowing the continuation of crime is a relatively new phenomena and is a worrying development. The concept of preventing or the continuation of crime has generally evaporated.
Proactive policing is often derided as being soft on crime or’ kiddie policing’. However, proponents of this policing strategy and history will tell you it is not being soft on crime. Criminals are pursued with the same vigour aided by improved intelligence from the community. And yes, it does focus on younger people but what it does do is try very hard to stop many Victorians from becoming victims as Brett Kahan is demonstrating.
Victoria Police or Police anywhere, will tell you that the proactive options are far harder work than simply being reactive because in the later model police are investigating crimes already exposed. Alternatively, proactive police must try to second-guess the community to prevent the crime in the first place, before it is committed.
There will always be a function of reactive policing in Victoria as it should be but the pendulum needs to move substantially towards a better proactive reactive equipoise.
The CAA has been advocating for over three years to have Victoria Police adopt modern policing philosophies and honour their own Mission Statement.
We have had no success and have been pilloried and ridiculed for presenting this view.
We can only imagine how difficult it is for police members in Victoria to engage in and support this philosophy.
Congratulations Brett Kahan and we wish you and your colleagues well and on behalf of all Victorians, thank you.
by CAA | May 20, 2018 | Library, Uncategorized
20th May 2018
The recent decision of the Victorian Court of Appeal to ignore imposing the mandatory term of imprisonment on two offenders who violently assaulted a Paramedic highlights the need for a higher level of accountability for judicial officers.
The counter argument that there can always be an appeal against sentences imposed, or not imposed, is disingenuous as many considerations kerb that course of action, including the cost of a further appeal.
The real issue is the lack of real accountability of the judiciary. Judicial officials must reflect the sentencing regime of a democratically elected Parliament that sets parameters for available sentences.
Murder, where a convicted offender may receive a life sentence, rarely with more than a lenient minimum term to be served, is the only occasion where a maximum sentence is sometimes imposed. We challenge anyone to identify any other case in the past twenty five years in Victoria that attracted the maximum sentence, despite the often long criminal history of the offender. Courts consistently and persistently thumb their collective noses at Parliament’s wishes. How many convictions must an offender have before a maximum sentence is imposed?
How can this wonton disregard of our elected Parliaments be tolerated? This continued behaviour is a systemic abuse of the separation of powers and is contempt of our Parliament.
The path to a solution must be to make judicial officials at all levels of courts accountable for their actions. This can be achieved through a Judicial Committee established on bipartisan lines that would inter alia require that those presiding in courts do more to meet community expectations. Those officiating who do not should be called to account.
A necessary corollary is that the appointment of judicial officials must be by contract so that those who act as a law unto themselves can have their services terminated at the end of a contract period.
In the United States many judges are elected officials. If community standards are not met they are most unlikely to be re-elected. We do not advocate this for Victoria but greater accountability must be achieved if the general populace is to continue to respect our courts.
by CAA | May 20, 2018 | Library, Uncategorized
20th May 2018
BRING IN MANDATORY GAOL TERMS FOR ATTACKS ON AMBULANCE AND POLICE OFFICERS
The Community Advocacy Alliance (CAA) today called on the Victorian Government to move immediately to amend legislation covering assaults and attacks on Police, Ambulance and Emergency Service personnel.
The Alliance which comprises retired senior police, victims of crime and citizens drawn from the business community is active in pursuing best practice in Policing and changes to Victoria’s bail laws, sentencing practices, parole applications as well as the need for more proactive policing in dealing with youth crime.
Chairman of CAA and retired Chief Police Commissioner, Kel Glare, said enough is enough with the recent decision by Judge Barbara Cotterell, which saw two offenders convicted of attacking and severely injuring an ambulance officer walk away with community correction orders, being the last straw for Victorians.
“Victorians have been clearly if not deliberately misled into thinking mandatory meant mandatory when the Government introduced legislation covering these offences. Presented by the Andrews Government as providing mandatory gaol time for anyone who assaulted and/or injured an ambulance or police officer it had embedded in it three get out of gaol cards by way of three special provisions the judiciary could deploy enabling an offender to avoid a prison sentence if he or she was alcohol affected, drug affected or had a mental health issue, he said
“ In March the Premier wrote to the CAA following a raft of issues concerning sentencing standards and community safety our organisation it had raised with Government in which he stated “ Violent crime simply has no place in our community and that is why I am committed to meaningful change to keep Victorians safe”
“ Like all Victorians we look forward to some “meaningful change” beginning with stripping out loopholes which provide for offenders convicted of assaulting emergency workers escaping the full force of the law which in this case means mandatory custodial sentences by taking away the discretionary power of the judiciary in this matter,
“A major step but a necessary one,” said Mr Glare
by CAA | May 16, 2018 | Library, Uncategorized
16th May 2018
We are continually told that Victoria Police average 14,000 Police public contacts per day so the number of complaints against police forms only a tiny fraction of this number.
This argument does not pass the pub test and is treated with scepticism by the public of Victoria. A more meaningful statistic would be the number of complaints against police arising as the consequence of seeking compliance with public order and the law.
Cameras capturing only part of incidents and other excuses are trotted out as to why the complaints seem to be on the rise but the rise may only be a symptom of a larger problem that if left untreated will guarantee further increases.
Frustration – with few exceptions people are motivated to join policing as a career to achieve a level of fulfilment in serving the community. However, when they go through the arduous qualifying process to join the like minded ranks of the once proud Force on the front line of Policing, many of their aspirational dreams are shattered and they are left as frustrated as their peers.
Imagine if you were a fully trained and equipped police member prepared to do what needs to be done to maintain the peace, prevent crime, and, importantly, intervene to stop the continuation of a crime and you are routinely instructed to take no action. Victoria Police has a non-interventionist policy. Add that to a Risk Adverse psyche and you have the ingredients for no action.
This is seen in many examples, amongst the most obvious the interception of stolen cars where generally the perpetrators are allowed to run and police must stand by no doubt uttering a prayer that non-intervention does not lead to another Bourke street tragedy.
The issue around the mobs wrecking short stay rental properties is probably the worse example of this policy. Contrary to what was published in the media there is ample legislative powers for police to have acted and we are told there were ample police at the scenes of these events to act but they were directed not to intervene. Safety is the often sited reason but whose? Seems the community don’t rate high on this scale.
Serious consideration must be given to the consequences of the current policies and the adverse side effects it creates. Not the least the propensity to encourage more disorder not less.
Police must start intervening and doing what the Police Force is paid to do.
by CAA | May 15, 2018 | Library, Uncategorized
15th May 2018
Well who would have thought? Crime prevention actually works. Engagement with youth also works, hallelujah!
The Community Advocacy Alliance was formed over three years ago because some crusty old time coppers thought there was a crime tsunami on the way because the Victoria Police had largely disengaged with youth and did not seem the very interested in crime prevention.
For the past three years the CAA has been producing papers and trying to lobby VicPol and the Government on the issue but were rejected by the Government and rebuffed and ridiculed by the new modern Vicpol executive and ignored by the Chief Commissioner.
Although not a mirror of the strategies that we propose, Task Force Wayward with its focused action is to be commended.
A force that has developed a central policy of being noninterventionist has every chance of losing the confidence of the community and that will make Policing very difficult.
The community is already declaring a lack of confidence in police leadership and we can only hope that the leadership will change philosophies as the confidence in the operational police at the coal face continues to wane.
But there is a glimmer of hope with Task Force Wayward which draws on strategies from a number of the Youth initiatives abandoned by VicPol but now packaged differently and more concerted.
While we are confident this task force will be successful, unfortunately the resources of VicPol do not extend to replicating this initiative across the State.
Our hope is that the Chief Commissioner will realise that Crime Prevention and Youth engagement are not relics of a past era but very effective policing tools.
We implore the Chief Commissioner to show leadership and silence the naysayers within the force command and embrace the true and basic philosophies of policing – there is a reason that they are embraced by most Police organisations in the world – they work and have done for hundreds of years. Sir Robert Peel was onto something. The nine Peelian principles of Policing make essential reading for any police member.
A modern interpretation of the principles are:
1) The basic mission for which the police exist is to prevent crime and disorder.
2) The ability of the police to perform their duties is dependent upon the public approval of police actions.
3) Police must secure the willing co-operation of the public in voluntary observation of the law to be able to secure and maintain the respect of the public.
4) The degree of co-operation of the public that can be secured diminishes proportionately the necessity of the use of physical force.
5) Police seek and preserve public favor not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law.
6) Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient.
7) Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police and the police being only members of the public who are paid to give full-time attention to duties which are incumbent upon every citizen in the interests of community welfare and existence.
8) Police should always direct their action strictly towards their functions, and never appear to usurp the powers of the judiciary.
9) The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.
The CAA knows that changing a philosophy that was inherited is not going to be easy but the philosophy behind Operation Wayward must be adopted force wide if the community is to again have confidence in its Police Force. Noninterventionist strategies do not work and promote crime and public disorder.
by CAA | Apr 18, 2018 | Library, Uncategorized
18th April 2018
Introduction
This proposal emanated from the views expressed by Victims at a recent meeting of the Victims of Crime Justice Reference Group.
The legal system in Victoria poses a number of difficulties for Victims, which can only worsen unless substantial changes are made.
Lack of fairness and equality before the law and equity in the Judicial process are but a few of the key anomalies.
This paper briefly addresses the problems and provides solutions.
As a bonus, considerable fiscal and resource savings can be made across the sector.
The problems that are easily identified:
1. Long delays in bringing offenders before the Courts adversely effecting Victims in a number of ways.
2. The accuracy of the testimony of witnesses, expected to remember detail over two or three years, impacting on the fairness of any Trial for the Victim, perpetrator and the witnesses.
3. Adverse impact on Victims, feeling shut out and penalised by the legal system, aggravating and slowing the recovery process. A common feeling amongst Victims that their victimisation is increased by the legal process.
“The accused plunges the knife in but the courts twist and turns it to an intolerable degree.”
4. Victims being confronted in Courts and the vicinity of Courts by perpetrators and their families and supporters.
5. Overcrowding in Prisons used as an excuse for legal outcomes favouring the Criminal in the failed Therapeutic Justice model which must be abandoned. The overcrowding or other interferences in the Judicial system are matters for Corrections, not the courts and interferes in the proper administration of Justice. Courts have no role in adjusting sentences on Corrections issues.
6. The burgeoning of Legal Aid, Courts, Prisons and Policing costs stretching both budgets and resources heading towards an unsustainable level.
7. Victims feeling extremely aggrieved by the Plea Bargaining Process. A prosecutor, for expedience, may, plea bargain away the core or gravity of the offence (as experienced by the Victim) leaving Victims who suffered the crime feeling empty and irrelevant. Informants and Victims must be adequately consulted, currently, this consultation is erratic in the application. Victims and Informants where consulted must not be pressured by prosecutors to acquiesce. Essentially Victims need legal representation to ensure basic legal fairness.
8. The current practices of restitution or compensation are totally ineffective and are rarely of any meaningful value to the Victim.
9. A severe lack of confidence in the judicial system and its ability to manage itself.
The abstract
Any reform within the justice system is usually subjected to significant review by the various vested interest groups, never independent of the decisions that need to be made. Even those vested interests would find it very hard to argue against a reform package that focuses on the Victims as the starting point. The vast majority of crime starts with a Victim so it is logical that any review starts from the perspective of the Victim. This document addresses the areas where Victims of crime are currently being denied real justice, compassion, and understanding. Opposing these initiatives would be seen to be anti-victim.
The proposal
These recommendations are a pragmatic approach to a major problem that is inhibiting victims to report serious crime for fear of being further victimised by the justice process. The adverse consequences for Victims continue to grow along with the current proliferation of violent crimes against the person. Government has a responsibility to the community to bring about change when required, and it is not a matter of if, but when. The trigger points for the, ‘when’, are very clear and must be addressed now as a matter of urgency.
The following changes are recommended:
I. Committals for trial Proceedings — Remove the antiquated, costly and irrelevant Committals for the Trial process. The introduction of the Police “Hand up Brief” have relegated the Committal for Trial hearings as an antiquated irrelevant duplication and in most cases unnecessary. The statistics tell the story with over 90% of Committals sending perpetrators for trial and the balance would be the matters sent directly for trial by the DPP. Cases which are not proposed to be dealt with summarily should be evaluated by the Director of Public Prosecutions (DPP) and the accused person either presented for Trial, directed to be referred to the Summary Jurisdiction or discharged (as can, in fact, happen now).
In 1983, when the office of the Director of Public Prosecutions was created, this was seen as a very progressive move for jurisprudence in Australia, the failing was that at the same time the Committal for the Trial process was not discontinued by the same legislation. Even an opt-in approach would make substantial savings. With the establishment and the now developed expertise of the DPP, the Committal for the Trial process has continued to further traumatise victims and delay the justice process by many months and sometimes years. Propping up this archaic process bleeding resources and achieving little is pointless. Accused people can, and sometimes do, waive committal proceedings and still get a fair trial
II. Legal support for Victims – With the abolition of the Committal for the trial process, the saving to the Legal Aid budget can be redirected to the Victims. All Victims of major crimes could have access to a legal representation to represent their interests and pursue their lawful rights, including rights to compensation or restitution. The advantage to the Legal profession is that this will generate a new specialist skill for the Legal profession with some Legal Practices specialising in Victim representation. The administration of this legal support could form part of the function of the Commissioner for Victims who could oversee and manage the process.
III. Compensation and Restitution- Currently the process for compensation and/or restitution is inconsequential for a guilty offender. It can be an annoyance to be ignored, as any Order amounts to a civil debt with no chance of recovery without the offender’s cooperation. Representation on behalf of the Victim would be to seek any compensation/restitution to be enforced as an Order of the Court. Failure to obey the Order automatically triggers enforceable action by a collection authority such as the Sheriff or the Taxation Office. Each is well set up for the long game in debt recovery and has the powers to achieve a result. There should be no reason for a perpetrator who receives a salary or a welfare benefit having a percentage of that income garnisheed. An added advantage to this approach is to remind the accused of the consequences of their crime, as a deterrent to further offending Victims must be made to feel that it is worthwhile to seek justice under the law, (That after all is supposed to be there to protect them)and that when the crime committed against them incurs a financial cost, or pain and suffering, they are adequately compensated. Their Victimisation has a dollar value and makes the perpetrator accountable in a dollar sense as well.
IV. Prison numbers- – The long delays in bringing perpetrators to Trial causes pressure on Corrections, and causes undue pressure on Courts to release accused people on bail and non-custodial sentences. This problem is highlighted in the Juvenile System where the majority of prisoners are on remand – an absolute disgrace and serious impediment for justice to Victims and justice for perpetrators.
V. Removal of the Plea Bargain- The intent of this process is laudable and reduces Court time by encouraging Guilty pleas, but the damage to Victims has been totally disregarded. The criminal not only gets a discounted sentence but also gets a free pass on any future repeat offences as the Courts can only sentence on subsequent matters as a first offence. The Plea Bargain needs to be replaced by Sentence Bargaining – a process where if the accused pleads to all offences the prosecution will only seek penalty on the negotiated offences with the Victim and the original informant. The outcome for the accused is the same except that they now have prior convictions for offences they would have had expunged, and the Victim is respected because what they have experienced has not been whitewashed away, and the perpetrator has been held to account. With nearly half of all prisoners returning to jail within two years, the practice of expunging offences and therefore artificially eliminating prior convictions through a plea bargain deal is certainly not a crime prevention initiative and may have the reverse effect by demonstrating to the perpetrator they can actually get away with crimes.
VI. Sentencing Guidelines- Despite the constant cries in defence of the wisdom of sentencing Judges and against interfering with Judicial independence, this countervailing meddling with those near-sacred institutions has an undeserved aura of academic respectability. This anomaly must be removed from our legal process. If a member of the Judiciary cannot determine a suitable and fair sentence based on the evidence presented to them, then they should remove themselves from the bench. The so-called Sentencing Guidelines have worked to become completely absurd and to actually undermine the law. They rely on the average length of sentences for similar offences, though how any court is able to determine similarity without actually conducting further inquiry by examining the evidence in each case to grade them as similar is unclear. Inevitably the tendency is to apply offence categories, rather than similarities between behaviour. Using statistics in this manner compels courts to never even consider imposing the Parliament-set maximum penalty, and guarantees a steady diminution of penalties imposed – ultimately mathematical certainty of this approach is to end up at ‘Zero’.
VII. Safety and security of victims. A major concern to many victims is their appearance at Courts and they are torn between an apparent duty and desire to sit through trials, with constant exposure to the perpetrators and their families and supporters, not only in the Court but outside the Court precinct. Victims can easily feel at risk, and the reality is that sometimes that risk, even if hidden, genuinely exists. The proposal is that with the savings achieved by the abolition of the Committal for a Trial process that a purpose-built studio or set of studios be developed away from the Court precinct where Victims can give their evidence and watch the proceedings of the trial via video link. Video links are in use with the accused so the extension to the Victim is the least the system can do.
VIII. Coordination of services -Throughout government departments, there are a plethora of Quango’s providing services in the Victim space that are uncoordinated and therefore extremely inefficient with each reach requiring their own administration and resources contributing to the loss of Victim budgets on administration rather than output services. Coordination by the independent Commissioner for Victims would be a very sensible move.
IX. Confidentiality of Victims information– An incredible abomination of procedural unfairness has been allowed to evolve in the Trial process where Judges we are told allow evidence solicited from people who have had conversations with a witness. The cross-examination of the character of witnesses in these circumstances where victim’s confidential communications with professionals and others can be explored by the defence is an absolute disgrace and urgent legislation is required to outlaw this practise. What a victim may confide in another person is not admissible or relevant to any criminal trial and by any legal interpretation, any evidence of this type is hearsay and is purely a fishing exercise by defence trying to discredit witnesses.
X. Prior sexual activity of a Victim – This never should be admissible in any circumstances. The offence of Rape can be committed on a Prostitute and the fact of her being a prostitute is not and never should be relevant to the case before the court. If additional Legislation is required then so be it. If this type of practice is not stopped it will be extended to the assailant of a boxer and the previous boxing would go to the severity of the assault being less of an offence because a boxer is used to being assaulted.
XI. Judicial review and Judicial Tenure– The need to review the Judiciary has been tried on many occasions without success because the review is always conducted by the very people who need to be reviewed. Therefore entrenched practices remain, never challenged. The solution is to legislate the tenure of members of the Judiciary where appointments are made by a Joint Parliamentary Committee making recommendations to the Governor in Council. Fixed-term tenure with the ability for extensions, similar to the way the Chief Commissioner is appointed, will see the Judiciary, at last, engage in serious reform or face not being reappointed. If a member of the judiciary is performing well then a long service is very achievable providing the stability that the Judicial system needs. The separation of powers argument cannot be applied to the administrative function of the courts.
XII. Legal representation for vulnerable victims – There is a need for legal support being mandated for young people and people who through age or some other mental impairment to be represented by a Lawyer. Often the accused can be the Victims carer or family member. The Office of the Commissioner for Victims must be given urgent and adequate budget capacity to ensure vulnerable Victims are protected.
Projected outcome
Applying these recommendations will have the following effect.
a) Reduce the Court backlog by freeing Magistrates up and reducing demands on Court resources.
b) Reduce the costs associated with the administration of Committals for Trial.
c) Free up Legal aid Budget to allow for Legal aid for Victims.
d) Reduce the demand for services on the office of the DPP only having to deal with a Brief twice instead of three times.
e) Reduce dramatically Police time committed to the Committal for the Trial process.
f) Reduce demand on Prison staff in transporting and managing prisoners.
g) Free up Prisoner beds by more timely processing of accused persons
h) Give the Victims long overdue recognition and support.
i) Create more effective sentencing procedures
j) Removing Plea Bargaining while still retaining its benefits creates a plea and sentencing consultative process that holds all accused to account without undue additional penalty.
k) Rebuild confidence in the Judicial system which is perceived by the community as being a Law unto itself with little regard to what the community expects.
l) Fixed-term appointments will rapidly correct a number of anomalies and deliver better quality Justice for victims, and perpetrators.
m) Demonstrates tangible support for Victims.
Conclusion
This document was motivated by the plight of a number of victims I had the privilege to listen to, recently. They were not retelling the horrific nature of their encounters with the perpetrators, they were without exception, relating the horrors of dealing with the “system” as a consequence of the crime committed on them. They were reconciled, to various degrees, in relation to the actual crime but what they were not reconciled with was the torturous and unfeeling “System” that made them feel as though they were the perpetrator and have done something wrong by unwittingly becoming a victim.
Ivan W. Ray
Community Advocacy Alliance
23rd February 2018
by CAA | Mar 13, 2018 | Library, Uncategorized
13th March 2018
A version of the philosophy behind the, “Broken Window Policing Strategy,” that was so successful in effectively managing the New York crime wave should be applied to the youth issues in Victoria. Not in the same manner as in New York but using the same principle to achieve a similar outcome without huge commitments of police and court resources and the added benefit of nominal cost to the government.
A common denominator with juvenile offending is the inability or an unwillingness of young people to respect the law and the basic and simplest tenet of the law, the set of rules that if you break – you can receive a penalty.
A major contributing factor to the escalation of offending by juveniles is that any consequence for their behaviour is introduced far too late and when it is, in many cases, is not seen by the juveniles as punishment but an inconvenience and often a badge of honour.
If we are going to have any chance of reversing the current trend where not only victims have their lives ruined by crime but the young offenders as well, we have to rethink how we manage youth.
Education is important and the Police in Schools Program is essential to creating a culture of respect for Law and Order before children develop the age old phenomena of testing the boundaries. This rite of passage is exercised in varying degrees by all children as they move through childhood towards adulthood and starts from when their first cognitive skills develop and does not stop. It is not a phenomena that turns off and on but is a continuum on their journey to adulthood.
For the benefit of the children and future victims, if their behaviour strays it has to be checked as should be done from the earliest age by parents before it develops in to serious offending. We need to intervene appropriately. Every parent of every child at every age does, without a second thought, checks children’s behaviour and it is by this method we teach children life skills starting when they are babies.
We need to intervene at a time when young people first come to the notice of police, teachers or parents displaying behaviour that is unlawful, no matter how trivial.
It is at this time when a consequences for their actions needs to be imposed so that they learn very quickly that breaking the law or improper behaviour is not good.
Locking up miscreants for minor matters is counterproductive as is issuing an endless string of cautions, warnings and court orders, threatening jail or some other draconian outcome. We would be foolish to underestimate kids because they work out very quickly whether the threat is hollow.
A strategy that is totally underrated both by Police and in particular the judiciary is the Police Cautioning Program instigated in the 1950s and although in need of an update this program could be modernised to provide the solution to much of our youth problems.
The real advantage of the Cautioning Program is its low key and localised approach.
Every parent knows that children live in the moment, a day to a child seems like a month and their social connections change as regularly as the moon phases as they develop but when they break the Law the process is so slow it is really difficult for a child to rationalise that the process is related to something they did a couple of months ago. Their life has moved on five times between the offending and the legal process.
To make an effective difference we need the system to be able to move quickly and deliver consequences for misbehaviours or criminal acts and the current cautioning program whether it is by police or the courts has proven ineffective.
A caution with a consequence that the child feels and that impacts immediately, needs to be implemented. The rights of the child are not impinged upon as they can elect not to participate and have the matter referred to the Children’s Court.
There is some reticence by police to start discussion on this program as every time they do the Human Rights legal protagonists attack but there needs to be a discussion and reasoned debate excluding the ideologues.
Our proposal is to upgrade the cautioning program to extend the role of parents and educators in the process and involve them directly in negotiating an outcome or consequence depending on the demeanour the child.
Every child that receives an official police caution should be cautioned by an officer in the presence and with the participation of the child’s parent, parents, legal guardian, school coordinator or other school representative to ensure that coordination occurs between the Education System, parents and police.
The coordination generally relates to a suitable penalty which the parents agree to and sign an undertaking that the caution is conditional on the delivery and compliance with the penalty. The reasonable costs incurred as a direct result of the offence should be paid by the child’s parent’s taking hardship into consideration it will clearly focus the parent on ensuring compliance and ongoing correction of the child.
And here is where the crux of the new system resides, the penalties. There should be some creativity applied. It could be handing in their mobile phone, Xbox, or play station to the police station for a given period, generally days or weeks rather than months, cleaning or other chores at the Police station (that penalty has the bonus for the child developing rapport with Police). Losing the right to play sport for a couple of weeks, detention at school or a series of hour or two detentions at the police station or any other appropriate penalty that can be imposed, but, critically, it must be a penalty that is carried through without shortcuts to be effective.
These are very minor penalties and for certain offenders that reoffend and would be perhaps issued a second caution then the penalty can escalate.
The normal rules of the cautioning program applies and the child must admit to the offence.
This initiative is proposed in the spirit it is presented and would have a major impact on the offending of juveniles and dramatically reduce the crime rates and the number of young recidivist offenders in that statistic.
by CAA | Mar 10, 2018 | Library, Uncategorized
10th March 2018
The Community Advocacy Alliance (CAA) warned of the current Crime Tsunami nearly two years ago and unfortunately the predictions were accurate. The CAA further warned that the Pursuit Policies of VicPol would lead to serious consequences and unfortunately that prediction was also accurate. The Bourke Street massacre highlighted the folly of current police policies.
We now predict that unless there are major changes to the police philosophy the Judicial and Penal systems the Crime rate will not flatten as Community and Police Leaders would try to have you believe, but escalate to unbelievable levels. As Police and Community leaders search for the slightest positive in the latest crime figures, the reality is, no matter how you cut it or slice it, we are spiralling towards anarchy.
We have been drawing comparisons between Vitoria and New South Wales Police for nearly two years but the penny still hasn’t dropped in Victoria. It is farcical that another State (right next door) has, and continues to succeed, when Victoria is sliding towards an abyss – we can only assume that pragmatism has been overridden by dogged adherence to some altruistic socialist ideology that’s purpose is not entirely clear.
We are not sure whether there is a glimmer of hope or an effort to ‘spin’ the Community in what Deputy Commissioner Crisp, is reported to have said in response to the latest Statistics,
“Mr Crisp credited old school policing with the recent flat lining of crime.
Arrest numbers have climbed 15 per cent to a new high.
“It’s the back to basics policing for us,” he said.
“It’s about targeting those high-risk recidivist offenders.
The last line is the giveaway and needs to be questioned. It sounds suspiciously like the focus on Task Force Policing is likely to increase dragging further resources from Police stations which is one of the key anomalies of this failed policing experiment embarked on in Victoria.
It is precisely the “Old school policing”, and “Back to Basics approach (prevention),” that the CAA has been advocating since its inception and has been roundly pilloried by VicPol for being old school and from another era not relevant in today’s policing. Today’s policing has failed dismally. It is a time that reality was acknowledged.
The claim by Crisp that arrests are up 15% and that is a good result shows how far VicPol is away from a solution to the rapidly rising crime rate. If crime is up, of course arrests will be up, it is a mathematical certainty. More crime equals more arrests. A bit like shooting fish in a barrel, the more there are the easier it is. What we need, is to reduce crime in the first place, which will mean fewer arrests as there will be fewer offences and fewer criminals. This is the fundamental police premise that just doesn’t get through to VicPol. Crime Prevention must be the first and main focus of Policing.
The other major anomaly is the management by statistics which has led to Police Operations working in the, “past tense” for years. Crime Statistics are submitted by operational Police (when they have time), gathered, collated and evaluated by analysts and then reviewed and the targeting decided upon by a designated Officer. The tasking is then organised with input to the roster cycle.
Sounds good, but this is purely a theoretical approach lost in reality as the police are responding to the crimes committed up to two weeks earlier. Operating perpetually in the, “past tense” means that Police from a particular station can be deployed elsewhere to police a problem that happened a week or more ago reducing the Policing in their normal operational area where crime and disorder is allowed to fester feeding the ever increasing crime and disorder cycle, known as reactive policing.
It is unfortunate this tasking experiment has become the Holy Grail, instead of being a tool to assist in decision making, it has become the decision maker.
The absolute glaring omission from the Political and Police propaganda is “PREVENTION” a concept that is clearly not understood by the current management, much less acted upon. The first principle of Policing is prevention, that simple act of preventing crime which will not only reduce the number of crimes committed and the number of criminals but also make many fewer Victorians victims. Something that does not appear to be a priority for VicPol.
Crime Prevention is the first priority of a Police Force (NSW Police case in point) and the Mission statement for Victoria is no different to any other police force. However Prevention does not manifest itself to any degree in Victoria policing.
The attempt by Victoria Police to arrest their way out of this Crime spike raises another major flaw identified by the CAA and is yet to hit us. It is well and good to take criminals off the streets but what happens when all these Apex gang members and the like are released on parole or have completed their sentence probably within twelve to eighteen months. It won’t be the six year crime cycle the Premier Andrews talks about, it will be the twelve to eighteen month cycle we have to live with. The chances of these criminals coming out of the system any better than when they went in, is stuff pipe dreams are made of, we will be in for it again.
And before the Social architects of the elitist left start blaming the Juvenile Detention system, can you please just get a grip. Before you start on the much extolled mantra, “don’t put children in Detention as it will only make them worse, rubbish,” ask yourself the question “Worse than what”?
It is now critical that people like the CAA are taken seriously and their views properly evaluated – it might just help
by CAA | Jan 23, 2018 | Library, Uncategorized
This is a three part account of Why Youth Crime Spiralled out of control in Victoria and what we can do about it: Pat 1 Victoria Police Command’s Bad Public Policy Decisions; Part II – A failure by IBAC and Victoria Police to Investigate Complaints and Part III – What We can do about it.
Part. 1 Victoria Police Bad Public Policy Decisions
I am John Thexton, I am now a private investigator. I resigned from Victoria Police in disgust in July 2016 after 42 years. I held the rank of Inspector. I have been a detective at various ranks including local Crime Investigation Units and the Drug Squad. I have also performed duties as a police prosecutor, Local Area Commander and in Community Development and Policy and Planning and Risk Assessment roles. I hold a Master’s Degree in Leadership and Management (Policing), a Diploma in Alcohol & other Drugs and Certificate IVs Youth Work & Training and Assessment. In 2015 I was also employed by Charles Sturt University teaching NSW Police Recruits at the NSW Police Academy.
It is as clear as the nose on your face that many of the issues we face today, including: youth crime, youth gangs, the “ice epidemic”, home grown terrorism, hoon behaviour, family violence and mental health issues, all have a common denominator, that being disengagement of youth from their families, education and their broader communities. For Victoria Police command to not actively support structured face to face engagement with youth just defies common sense.
Nobody in Victoria Police Command has intentionally set out to make this State less safe, but to the detriment of our communities and operational police officers, that has been the result of their policy decisions to retreat from engaging effectively with the communities they took a oath to protect. They have failed in their commitment to their oath of office that: “I will prevent to the best of my power all offences”. A commitment which stems from the earliest principles of policing. Victoria Police command have retreated from those principles and have indeed in the words of former Chief Commissioner Kel Glare, Lost the Plot.
Petrol Drive-Offs
Other poor policy decisions by Victoria Police command that lead to this fiasco was the change in policy relating to the theft of petrol, petrol drive – offs. As part of my then role as Regional Policy Adviser this policy was circulated for comment prior to its release. One senior commissioned police officer wrote, “Who thought this was a good idea” and “This is nothing but crime prevention by statistical redesign.” These few comments sum up the thoughts of many operational police. I researched the issue and found that Victoria Police was following a similar policy in Western Australia. I found that 12 months after the introduction police officers were failing to investigate where there was clear supporting evidence that a criminal offence had occurred. Western Australia Police had to issue a direction to police officers to actually conduct an investigation.
This was a policy that was supposedly sending a message to large corporate companies to change the way petrol was sold, but in effect was actually a message to thieves that they had a green light and a message to every person working behind the counter that Victoria Police was abandoning them and yet another reinforcement of the message that when it comes to policing, “There is nothing we can do about it.” see Police Urged to Investigate Petrol Thieves after Civil Ruling Led to Surge in Drive Offs
Strangely enough people who steal petrol tend to be involved in a whole range of other anti-social behaviour. If a report is not taken there is no incentive for service stations to update CCTV or for that matter provide any CCTV footage to police. Result, Police investigators job made harder to identify offenders who may have been involved in other crimes including home invasions. I recommended against the implementation of this policy and recommended adoption of the NSW and Queensland Police approach.
The adoption of the policy and subsequent outcry resulted in a Victorian parliamentary Inquiry into fuel drive-offs The Committee’s first recommendation was that Victoria Police develops an online fuel drive off incident report form (precisely what NSW and Oueensland had in place) and the second recommendation was that Victoria Police actually conduct an investigation when a petrol theft is reported – https://www.parliament.vic.gov.au/images/LRRCSC_Inquiry_into_Fuel_Drive-Offs.pdf. Common sense really.
Victoria Police Youth Foundation
Also, at this time Victoria Police command withdrew support for the Victoria Police Youth Foundation. The Foundation was specifically established to fund projects which involved Police engaging with Youth. The foundation, through its Executive Officer, Andy Walsh established links with business corporations such as the Pratt Family group of companies and Linfox and the Union movement. These links provided an increasing generous funding source to break down the barriers between Police and Youth and contributing to providing a safer and more inclusive community. Just as the fund gathered momentum and funds began rolling in Victoria Police Command pulled the pin.
Youth Parole
Recidivism rates by youth released from Youth Justice Centres is even higher than that of adults released from prison. Yet when an adult is released on parole, the release date, the conditions of parole and the parolees address are routinely forwarded to Victoria Police from Corrections Victoria. Youth Justice Centres come under the control of the Department of Human Services and do not routinely release this information. I submitted numerous reports to Victoria Police command detailing the risks of police not receiving this information and provided specific instances of youth coming into contact with police and breaching their parole conditions, without police being aware of those conditions and those youth going on to re-offend. The Department of Human Services responded that the Department would not routinely release this information as it was an issue of privacy. I obtained a legal opinion that debunked this claim and directed Victoria Police to the existence of an administrative mechanism to possibly resolve this disagreement on policy. Despite this Victoria Police failed to pursue this issue.
Road Safety
Over five thousand Victorians a month ring 000 each month to report drivers driving dangerously on our roads (Computer Aided Despatch date collected by the Emergency Services Telecommunications Authority that you as a member of the public who pays for this to be collected is not allowed to see. Despite the public desire to help, Victoria Police does not have in place a process to consistently and effectively deal with these calls. Over a number of years, I submitted reports detailing the serious consequences, including serious injury and death, which have occurred as a result of this failure – see, Killer drug driver Joseph Brigante jailed over the death of Barbara Digby. http://www.heraldsun.com.au/archive/news/killer-drug-driver-joseph-brigante-jailed-over-the-death-of-barbara-digby/news-story/0a52683e45e4ed5822612eb316dc4d6a
I demonstrated what can be achieved by properly investigating these calls and also worked with colleagues to improve the data available to address this issue. Victoria Police still does not have in place a process to consistently and effectively deal with these calls. Failure to do so will continue to cost lives.
Local Management
Chief Commissioner Neil Comrie introduced, Local Priority Policing in 1999. Victoria Police aligned their boundaries and service delivery with municipalities. In metropolitan Melbourne an Inspector was responsible for day to day policing within each municipality. Two municipalities formed a Division with a Superintendent in Charge. In regional Victoria an Inspector was in charge of an area covering two municipalities with a Division often covering four municipalities. Despite the Inspectors being poorly supported with appropriate resources local police and the public in a municipality knew who was responsible for day to day policing in that area.
The state was also divided into five Regions, one covering the City of Melbourne and the remaining four following major transport routes and communities of interest. Each Region had responsibility for portions of metropolitan Melbourne and Regional and Rural areas. This meant that the old cave up of resources between the “city and the bush”, with the country being the poor cousins was addressed.
During 2013 the management of local service delivery moved to a Divisional platform where various Inspectors were responsible for aspects of service delivery. This meant that no longer was there one Inspector in charge of all aspects of day to day policing in a municipal area. The responsibility for day to day policing had effectively been moved further from the community they served.
The Regions were also realigned to a hotchpotch of a mix of purely metropolitan Melbourne Regions and Regions covering metropolitan and regional and rural areas. Many regional boundaries were realigned to the metropolitan/rural interface, the very areas that are at the highest risk for bushfires where the greatest co-ordination of resources is required in times of emergencies. Other Government Departments have not followed this flawed approach.
The last major increase in police numbers saw a significant number go to a centralised command in the Force Response Unit and the Public Order Response Team. This was done without any communication to police officers on the front line or the broader community that this was an approach that was evidence based and shown to be successful in any other jurisdiction similar to Victoria. Having a centralised model meant that if the support of these officers was required in the outer suburban hotspots, such as Dandenong, Casey, Cranbourne or Frankston, two hours of any shift were lost by simply travelling to the area, let alone if they were required in regional centres, such as Shepparton, Mildura, Bendigo, Ballarat or the Latrobe Valley. A number of different models could have been trialled, including having similarly trained members located at decentralised locations closer to the areas where they were required or simply deploying additional members to these areas. The various models could have been evaluated and the best applied.
Uniform
The whole shift to a darker more ominous colour smacked of a force less likely to engage with the community and of an organisation bereft of ideas and taking a copycat approach rather than effectively supporting innovation to improve community safety. The only state in Australia that has not succumbed to this latest edict of the fashion police is New South Wales, who have resisted change for the sake of change, but are looking at change only in order to make operational police officers safer.
This retreat from engaging with communities has not occurred in other States where the crime rates have been falling, e.g when Victoria Police withdrew police from schools NSW was establishing such initiatives. NSW and Qld each have almost 60 Police & Citizen Youth Club (PCYC) each supported by full time police officers. Victoria has one PCYC not supported by a full time police officer.
Any questioning of the legality or wisdom of these policy decisions from those within Victoria Police has been ruthlessly suppressed. As occurred with former Inspector Gordon Charteris before me. Failure to allow these concerns to be heard has meant these policies have been implemented without due scrutiny or discussion by the public.
Part II – A failure by IBAC and Victoria Police to Investigate Complaints
On 16 May 2014 I spoke out on the ABC 7.30 Report regarding this issue after Victoria Police withdrew resources from Operation Newstart. I also published a A Case for Operation Newstart @ 09 04 2014 on the Operation Newstart website and commented in articles published in the Geelong Advertiser on 15 April 2014 and 3 May 2014 – Police fear surge in youth crime and deaths after axe falls on life-changing Operation Newstart program, http://www.geelongadvertiser.com.au/news/geelong/police-fear-surge-in-youth-crime-and-deaths-after-axe-falls-on-lifechanging-operation-newstart-program/news-story/a1c01c5c19cfb783ae0e6c4e069732e9.
Operation Newstart was a partnership between Victoria Police and the Department of Education which reengaged at risk youth in Education which was first established in 1997. At its peak nine programs operated in Metropolitan and Regional Victoria. The program was independently evaluated and commended by a Victorian Parliamentary Drug & Crime Prevention Committee, in an Inquiry into Locally Based Approaches to Community Safety and Crime Prevention in 2012. The program was also recognised as a national winner of the 2010 Crime and Violence Prevention Awards (http://www.aic.gov.au/crime_community/acvpa/2010.html). The program has the potential to expand to every municipality across the state.
I took these steps after exhausting all other avenues, because as a police officer with forty years experience I was extremely concerned that the policies of Victoria Police Command would make Victoria far less safe. Unfortunately my fears since 2014 have come to fruition.
As a result of my actions I was subsequently charged with a disciplinary offence of disobeying a lawful instruction to not speak out.
I maintained that the instruction I was given in fact was not a “lawful instruction”. My complaint was that Victoria Police Command had acted “unlawfully” in coming to the decision to issue the instruction.
The “lawful instruction” was in fact “unlawful” as Victoria Police had failed to obey the law when making the decision to issue the instruction:
• Section 38 of the Human Rights and Responsibilities Act required Victoria Police to give “proper consideration” to human rights, prior to making the decision to issue the instruction, otherwise the decision is unlawful at law.
• The steps needed to be taken to give “proper consideration” have been clearly defined by the Victorian Supreme Court of Appeal.
• There is no evidence to date that Victoria Police followed these steps.
I made a complaint to IBAC and Victoria Police that Victoria Police Command had acted unlawfully.
IBAC chose not to investigate my complaint:
• IBAC can chose not to investigate under the IBAC Act.
• One of the functions of IBAC under Section 15 of the IBAC Act is to assess police personnel conduct and “to ensure that members of the police force have regard to human rights set out in the Charter of Human Rights and Responsibilities Act 2006”.
• Failure to investigate complaints of police personnel conduct in preference to only investigating serious corrupt conduct is the equivalent of failing to put barriers at the top of a cliff to prevent injuries in preference to deploying ambulances at the bottom of the cliff. This was a bad public policy decision.
However, Victoria Police does not have an option not to investigate. Under Section 169 of the Victoria Police Act, The Chief Commissioner must investigate a complaint about the misconduct of a police officer. Victoria Police refused to investigate my complaint. My complaint has gone uninvestigated by both Victoria Police and the “watchdog” IBAC.
Why should any of my personal experience where I resigned from Victoria Police with a disciplinary charge hanging over head after not being charged with any disciplinary offence in over 40 years of policing and being awarded the National Medal and 35 year Good Conduct Medal be of any interest to members of the public. Because my experience is indicative of a hierarchical organisation that does not change unless their behaviour is challenged in the courts. It is an organisation that manages by fear. Because this dysfunctional behaviour has consequences for operational police, including stress and poor mental health outcomes, at times tragically ending in suicide. Policing is difficult enough without also battling dysfunctional management. Not being accountable also leads to Victoria Police Command making poor public policy decisions with impunity.
Further evidence of failure to investigate complaints made to both Victoria Police and IBAC can be found in a farcical use of social media, more akin to the behaviour of school kid than a member of Victoria Police Command. Refusing to investigate is not an investigation: an investigation being defined as a search for the truth; in the interests of justice; in accordance with the law.
Following a personal attack by Assistant Commissioner Fryer on the Chairman of Community Advocacy Alliance (CAA), former Chief Commissioner of Victoria Police Kel Glare, in May of 2017, a troll using the nom de plume Vernon Demerest (a character from the 1970’s movie Airport) started attacking the CAA on facebook and Kel Glare in particular.
The troll accidentally outed himself as Assistant Commissioner Brett Guerin, the head of the Victoria Police Professional Standards Command when he briefly published derogatory comments under his own name before taking down the post and publishing under the name of Vernon Demerest.
CAA lodged a complaint with the Chief Commissioner who, by law under the IBAC Act must refer any complaints against the rank of Assistant Commissioner and above to IBAC.
IBAC determined that the complaint would not be investigated by them and referred it back to the Chief Commissioner who has decided not to take the matter further.
Would a member of the Police force of a lower rank escape investigation for creating and using a fake identity on Facebook for no other purpose than to denigrate a member of the Public? Executive police officers should be held to the same or a higher account than other ranks in the Force. And no more so that the head of the Police Professional Standards Command.
In another instance, Victoria Police Command and IBAC also refused to investigate a complaint that members of the Professional Standards Command who it was alleged acted inappropriately in charging a Victoria Police employee with criminal offences. At the eleventh hour prior to the case going to Court the Director of Public Prosecutions withdrew all charges.
The culture of acting with impunity and being more concerned with perceptions rather than facts and evidence has also been highlighted by the Police Registration and Service Board decision to reverse a decision to dismiss a Senior Constable from Victoria Police, Victoria Police officer sacked for punching 13-year-old boy in face is reinstated,
http://www.theage.com.au/victoria/victoria-police-officer-sacked-for-punching-13yearold-boy-in-face-is-reinstated-20171228-h0b1hk.html and The cases: Victorian police reinstated after review of dismissals
http://www.theage.com.au/victoria/the-cases-victorian-police-reinstated-after-review-of-dismissals-20160629-gputmd.html, both articles written by Nino Bucci a Crime Reporter for The Age.
A further article by Nino Bucci: Police complaints process overhauled after a decade of criticism: states Assistant Commissioner Brett Guerin is overhauling the police complaints process. The article fails to mention that his overhaul apparently includes, not investigating complaints at all. Is this the case of the fox being in charge of the hen house?
The consequences of the failure by Victoria Police and IBAC to conduct investigations into my complaint and similar complaints has meant Victoria Police Command can act with impunity, where making bad public policy decisions can be made unimpeded, such decisions have contributed to making Victoria less safe.
Part III – What We can do about it:
Take a bi-partisan approach and have both the Opposition parties and Labor set policies that ensure Victoria Police restores prevention as part of Victoria Police core duties. Support Victoria Police to work collaboratively with other agencies and the public in developing programs that see police having face to face engagement outside a reactive operational setting, particularly with youth.
Examine has worked in Victoria, e.g. re-examine Police in Schools, Blue Light Disco, Neighbourhood Watch and Operation Newstart and other initiatives such as Backyard Rugby and what works in other states in Australia that have not experienced the dramatic increase in youth crime, look at how police in schools operate and PCYCs.
Change the culture of policing by making promotion within Victoria Police dependent on demonstrating a commitment to effective prevention of offences and positively supporting police under an applicant’s command. By Victoria Police taking a leadership role in preventing offences will encourage many more community members to actively participate in preventing youth from disengaging from their families and communities.
Recognise successful prevention initiatives and initiatives that include members of the public in preventing and reducing crime and public disorder and safety on our roads.
Over the last three years the Community Advocacy Alliance, chaired by former Chief Commissioner of Victoria Police, Kel Glare and made up of former Victoria Police members, two of whom went on to be Commissioners of Queensland and Tasmania Police, and concerned citizens, have been meeting and providing advice to both opposition parties and the government in Victoria. Both have been receptive; however, Victoria Police Command has not demonstrated the same openness to listen and have in fact displayed hostility, as demonstrated above. We need to openly discuss and debate Prevention and Citizen Empowered Policing and the Community Advocacy Alliance 100-point plan, that not only looks at policing, but also the criminal justice system as a whole, to make Victoria a safer place.
We need to ensure IBAC takes into account their duties under the whole act, including, personnel conduct and misconduct not just serious corruption – if IBAC does not have enough funding to investigate what leads to serious corruption then IBAC needs to make a strong case to ensure the funding is required and provided. Have Victoria Police comply with the law under the Human Rights and Responsibility Act (after all the Victorian Court of Appeal found that the Victoria Government was required to do so, so why not Victoria Police), this will lead to sounder and more accountable decisions as envisaged when the Act was originally debated. Have Victoria Police comply with the Victoria Police Act to investigate complaints made to them.
by CAA | Jan 21, 2018 | Library, Uncategorized
21st January 2018
Recent attempts in Letters to Editors to defend our judges and magistrates against criticism entirely miss the point. Or, more accurately, the defenders try to divert attention by pretending to misunderstand the criticism – and that is really bad of them.
Their defence of the indefensible is very poor and we would have expected a more robust defence but alas their defence only reinforces the views currently held by the community – you are out of touch and your defence shows just how far.
We at the Community advocacy Alliance (CAA) have criticised judges and magistrates for making decisions on bail and custody matters – including sentences – which are entirely out of touch with community expectations and which do not protect citizens from predators.
We see such protection as a primary function of courts; they ought to be able to use the weapons the law gives them to minimise the chances of violent criminals re-offending. It makes little sense doing something that the offender perceives as “getting out of jail free”.
There must be adverse consequences for violent criminals who re-offend or who are convicted. If not, victims feel betrayed, police feel let down and frustrated, and the offender feels victorious.
If judges and magistrates are so hell-bent on NOT meeting community expectations, the very least they can do is stop expressing resentment at being criticised.
And the next thing they should do is expect to be made more publicly accountable for the manner in which they exercise the extensive discretion entrusted to them.
And finally they ought to accept responsibility for the consequences of their own incompetent decision-making.
Have a bit of backbone people! Stop kowtowing to the apologists for violent offenders, of any colour or creed. Stop releasing violent offenders again, and again, and again.
by CAA | Jan 18, 2018 | Library, Uncategorized
18th January 2018
Luka Luka, 18 year old African continues to rack up heinous crimes and no matter how many times Police put him before the courts the Judiciary apply the scourge of the Legal system, “Therapeutic Jurisprudence”. The principle by which the judiciary hide behind rather than incarcerating violent thugs.
If anybody believes that this thug, based on what it is reported he has been up to, will correct his behaviour any time soon is to be completely and utterly naive.
It would be very interesting to see what the average person would think of the excuses put up and accepted by the Court to justify a Community Corrections Order.
It is long odds on that Luka will not complete year 12 and he will continue to reoffend again and again until he feels consequence for his illegal actions. Does he know right from wrong? You can bet he does. Does he know he is breaking the Law? You can bet he does. Does he respect the law? – NO WAY.
This Magistrate has again fed into the belief that young people, particularly if they are black, will not be punished for their crime – Surely the stern talking to by the magistrate carried significant weight and influenced Luka to behave and act within the Law – well at least until he got outside the Court. A Community Corrections Order may be punishment in eyes of some but I bet it is not in the eyes of Luka. All he will see is that he beat the charge.
The problem is a form of reverse discrimination whereby a lack of decisive action by the Courts is adversely affecting the future of these youthful offenders. Decisive action when they first appear before the Court would have reduced offending because they would learn there are consequence for breaking the law.
Elsewhere in society we accept that the hard discipline on breaches of behavioural standards in the first years of Secondary school with detentions liberally applied leads to a more homogenous school community overall as the standards and disciple are applied from day one.
The case of Luka is a Prime example of why there is a problem in this State with Law and Order and in particular with Young Black Africans.
Until the criminal justice system treats all offenders equally, regardless of race, colour or creed, Victoria will never come to grips with the problem of youth crime.
