INFECTED BY UNCONSCIOUS BIAS

INFECTED BY UNCONSCIOUS BIAS

The Victorian Ombudsman, Ms Debora Glass, has produced a ‘damming assessment’ of the politicisation of the Victorian Government; however, the report fell short of recommending any prosecutions, and it didn’t even make recommendations for the need for further investigation.

The reasons for this, and a number of other issues investigated by the Ombudsman over a number of years, indicate a pattern of ‘falling short’ as the norm.

We would argue that the problem is far more insidious than the Ombudsman has determined, while her investigations into various decisions, although relevant, mask the real need for detailed examinations of the functions of the alleged nepotistic appointees by the Government.

The Ombudsman’s investigation was flawed and failed to properly investigate unconscious bias exercised by Senior Government appointees.

As well as looking into the matters covered and identified in her report, the issue of bias in appointments can be accurately determined by patterns of historical management behaviour.

“Politicisation is far more nuanced, complex and potentially pervasive than simply the practice of hiring your political mates.”- Ombudsman.

One example that demonstrates an unconscious bias is the management and function of Victoria Police in the operational strategies employed in matters of civil unrest and demonstrations.

It is highly unlikely that the Operational Commanders at these demonstrations were the same officer, so how is it that the strategies are only ever consistent with the government’s ideology?

There have been a number of demonstrations where the Police response has varied to a degree to indicate that either actual or unconscious bias is at play. Consistency in Policing demonstrations is sadly lacking, we argue, because of the bias.

In particular, the lack of police action at the Black Lives Matter rally, the overreaction to anti-COVID demonstrations, the lack of any action at the Anti-Trans Rally and, of late, the Pro-Palestinian/HAMAS civil unrest all have a common denominator: the action of Police can be seen to mirror the ideology of the Government on the purpose of the demonstration, and that is a very bad thing.

“But nothing will change without a recognition at the highest levels of government that change is necessary.”

It corrodes standards of public governance, decision-making in the public interest and trust in government, and if left unchecked increases the risk of corrupt criminal offending.” -Ombudsman.

On that point, the protestations of the Ombudsman fail.

The highest levels of Government do not see an issue because, to them, the status quo is appropriate and a right, part of the spoils of Governing.

It is abundantly clear that the checks and balances that should prevent this problem either do not exist or are not enforced.

Simply raising the issue has little chance of achieving a satisfactory result. It is imperative that the inquiry continue to examine where the checks and balances have failed and what remedial action is necessary.

Starting with a search for answers measuring executive managers’ accountability and performance against the position’s benchmarks.

The infection of bias is near epidemic proportions, and it can be averted tomorrow simply by holding executive managers to account, starting with the most senior ones. It would only take a handful of Senior executives to lose their position because bias was identified in their sphere of control, and very quickly, bias would be diminished dramatically if not eliminated.

Unless this Government acknowledges that there is a problem, nothing will change. Positive action is required.

No public servant should receive a bonus if they have not exceeded their accountability and performance levels.

For a cultural change, as that is what is required, it is necessary that failure to perform free from bias must be managed by the greatest motivator, their hip pocket.

POLICE OPERATIONAL BIAS

POLICE OPERATIONAL BIAS

The breaking down of law and order in Victoria has been evident for some time, but recently, this concept has accelerated to a very worrying level.

The past is only relevant to identify patterns; the future is the worry, as it seems nothing is being done to arrest the decline.

Currently, the situation where demonstrators, seemingly with impunity, do whatever they can to intimidate another sector of the community, instilling gross fear on any part of the community, is unacceptable on so many levels.

Worryingly, is that the intimidation is so vitriolic it is only a ‘hair’s breadth’ away from violence.

The seriousness of the situation cannot be downplayed, and yet the Police, who are responsible for maintaining law and order, seem ineffective through bias.

This is not the Australian way.

The bias by Policing has been developing for some time, and we suggest it has a lot to do with the failure of the principle of the ‘Separation of Powers’[i], a long-held presumption that has been eroded, and the management of public order is where it most obviously manifests.

The failure of this principle, where the decisions and responses to public order are tainted by Political bias, is a two-way street.

The blatant direct involvement of politics in decision-making has become far less obvious, but we are sure it still occurs; what has evolved is a far more insidious, unconscious bias. A will to please political masters or those who support the government without direct interaction.

The Police have no role in allowing partisan views to influence responses but must respond on the basis of maintaining law and order, and that includes protecting vulnerable groups and all citizens; the issues and reasons for disquiet must never influence the operational response.

Some of the disquiet in police ranks that has provoked industrial action recently has been attributed to the Forces’ obvious bias.

This move toward partisanship with the government of the day has been an attempt by Governments to own police powers and have a far greater say in the operations of Policing, a repugnant concept that might seem fine in theory, but, as we have seen, makes Policing ineffective.

The current demonstrations against Israel by pro-Palestinian groups supporting Hamas are a case in point.

The basis of the demonstrations is those allegedly opposed to Israel’s response to the attacks, hostage-taking and murders committed by Hamas. The role of Victoria Police must not be influenced by the reasons for the demonstration but by providing a Police response to maintain Law and order and should be as concerned with protecting the abused Jews as they should be for those who identify as Pro-Palestinian.

The accusation of police bias is a ‘hot button’ issue sure to raise the ire of Police executives. Be that as it may, the matter is immensely serious, and the issue of the breakdown of the ‘Separation of Powers’ and biase must be corrected.

To ignore the issue will be a blight on the capacity of Police Senior management as this issue lies at their feet.

The following list of incidents indicates beyond doubt that bias is at play and must be addressed.

  • Black Lives Matter – passive police response acting as spectators.
  • COVID-19 – aggressive police response including use of firearms on demonstrators – aggressive role extending over numerous occasions for two years, including chasing and dispersing demonstrators using defensive weapons like pepper spray as an attack weapon. Tea bagging protestors to make them breach the COVID rules.
  • Sundry environmental demonstrations – passive police role acting as spectators.
  • Pro-Palestine (Hamas) demonstrations -passive police response acting as spectators.

We do not support unnecessarily aggressive responses but demand the Police apply the law without fear or favour, malice or ill will, absolutely, irrespective of the issue at hand.

Following this principle will rapidly improve and rebuild the image and confidence that the community had in its Police, and the police members will be able to return to the non-partisan positions they once were able to hold in their professional capacity, improving the morale within the organisation so that the workplace again becomes non-partisan.

We acknowledge, however, that the government has a lot to answer for by diluting the Police power to manage these issues by repealing the ‘move on’ Laws.

It has seriously diminished police authority to perform their task.

By removing those powers, the closest analogy is a law to remove the ability of doctors to carry a stethoscope when working in Emergency Rooms (ER).

The Victoria Police can and must do better operationally, free from Government pressure and interference.

[i] In Australia, the power to make and manage laws is shared between the Parliament, the Executive and the Judiciary. The separation of powers avoids any person or group having all the power. https://peo.gov.au/

 

WHEN IS ENOUGH REALLY ENOUGH.

WHEN IS ENOUGH REALLY ENOUGH.

The State of Victoria is in a terrible mess and is deteriorating before our eyes; not a day goes by without more bad news.

We have a rapidly climbing crime rate in the worst categories.

  • A Road Toll is off the Richter scale,
  • Domestic Violence is out of control,
  • Youth crime is at levels never seen before,
  • The burgeoning drug problem ruining lives on an unprecedented scale,
  • Rampant Cybercrime,
  • Outlaw Motorcycle Gangs (OMG) and Organised Crime gang strategies failing, all operating with a degree of impunity,
  • A broken legal system, taking years to resolve straightforward cases and with little or no empathy for victims,
  • A biased legal system with serious crimes going unprosecuted based on who the perpetrator is rather than impartiality applied,
  • If you need Police in a hurry, any chance of a response is problematic.

A crisis seems an understatement.

Additionally, the mooted Police industrial action currently confronting the community aggravates the overall perception that this State has an ineffective Police Force, which feeds into accelerating the further decline of the issue being confronted by us all.

The government must do what it takes to resolve this industrial matter quickly.

We do not criticise the Police members, and although we oppose the Police industrial action on principle, there are compelling issues that have caused this current industrial dispute.

Amongst the issues,

  • High levels of staff turnover,
  • Poor recruiting outcomes,
  • The Force being overmanaged – top heavy at the expense of the front line,
  • Unrelenting repetition of certain policing demands without solutions,
  • Police members over-committed to non-core functions, reducing their ability to perform the task of policing,
  • Understaffing of frontline policing,
  • Staff burnout,
  • Lack of support from the Courts and the Government,
  • Unnecessary tasks sapping resources,
  • The breakdown of the ‘Separation of Powers’ politicising Policing.

We should also include management capabilities as that is no doubt a contributor.

We do acknowledge there are pressures on police management due to outside factors. It is hard in an operational sense for management to service all competing demands with insufficient staff who have generally become less motivated by the nature of the irrelevant tasks they are required to perform.

Police are continually attending domestic conflicts at an alarming rate, sapping the majority of Police resources, and whilst there was a Royal Commission into the problem costing many millions, the outcome has not achieved any reduction in the levels of violence or frequency of police demands to attend domestic disputes but rather the issue has exponentially exploded in demands on Police resources.

Causing substantial negativity among Police members, their plight is generally ignored, with more demands on their time with fewer police to do the policing and no appreciable effort to arrest the decline.

These problems did not manifest overnight but are a consequence of factors that should have been dealt with a long time ago.

The issue is complex, but the reality is that the rising crime rates are the consequence of sustained inaction by the state and, in particular, the denigration of effective Proactive Policing that has all but disappeared. Although portrayed as functional, the police proactive strategies have failed to play a fundamental or effective role in policing.

Failure to stop crime before it happens has fed substantially into the current community malaise.

The issue is plain and simple: we are becoming a more lawless society, not a more tolerant one, as pundits try to portray.

An ideological bent towards a more progressive ideal is actually a misnomer. Generally, progressive philosophies create regression, and we all suffer, particularly the most vulnerable in society.

Examples that stand out,

  • Medically Supervised (Safe injecting room) Injecting room,
  • Decriminalising public drunkenness,
  • The Koori parallel judicial system,
  • Abuse of the ‘Separation of Powers’ convention,
  • Weakening of various criminal statutes,
  • The failure to modernise the archaic legal system that is now unfit for purpose.

There is a void in leadership in this State, across a broad spectrum of management, fed by an insatiable appetite to never accept blame for failure. A sentiment throughout Government and also now appearing in the corporate sector.

This all leads to a lack of accountability, the nemesis this State faces.

If you have had enough like us, sign our petition demanding these issues be urgently addressed. https://www.change.org/p/when-is-enough-is-really-enough

Enough signatures and we can demand change.

FAMILY VIOLENCE IS OUT OF CONTROL

FAMILY VIOLENCE IS OUT OF CONTROL

AN ABSOLUTE DISGRACE

30,233 acts of Violence perpetrated predominantly on women by their ex-partners. (HS 9/08/23), and that is only the year to March.

Apart from the suffering of victims, that statistic equates to a minimum of 241,865 police hours consumed by this crime.

The actual number is much higher when more than one Police unit is required, and the processing exceeds the four-hours, which is a minimum.

Clearly, domestics are attended to as a priority as they should be, but the role of the police is to maintain the peace and not become involved in extraneous matters, taking them away from their core function. Particularly at the expense of other pressing police operational issues, like the Road toll, home invasions and juvenile crime, all escalating at an alarming rate and creating further victims at an alarming rate.

Policing these incidents will become more effective when Police have the ability to concentrate on all the components and behavioural variables of the protagonists to keep the peace, a skill poorly understood. It is not in the best interest of either party to the dispute to have police distracted by administration or counselling the protagonists.

Inevitably, Police are dragged into the issue that the rival parties perceive as important, threatening the detachment that Police must maintain to perform their function. This is not the role of the Police but other professionals who are notably absent when their services are most critically needed.

The Road Toll numbers, for example, far exceed the deaths caused in any other Policing category. Still, the police allocation of resources to Road Policing, compared to domestic, is totally inconsistent caused by a Royal Commission’s findings focused on just one narrow but important policing field but blind to the reality and broader demands of Policing.

If you call for help from the Police, the likelihood is that they may have difficulty getting to you, even for a Domestic. Most of their resources are tied up on Domestics.

The secondary heading, “Women die because of relationships”, is true to a point, but what has been overlooked is that many of these women are dying and or are subjected to violence because of Government inaction.

It is evident that despite the exorbitant amount of funds allocated to the Royal Commission into Family Violence, the raft of quangos and convocations that have sprung up, and the substantial number of Public Servants operating under the justification of Family Violence, the issue continues to surge.

We must put them all under the microscope as it is now apparent that the issues facing our Aboriginal communities, where huge amounts of money are expended but do not trickle down to be effective and where the purpose of the funding is expected to impact, are paralleled in the development of the Domestic Violence Industry.

Millions of dollars are spent for no appreciable result where the problem exists and no accounting of where the money is going.

It is well overdue for the Domestic Violence entities, Government or Government funded, to be held to account to justify their continued function. If they are failing, the operating costs of these entities must be diverted to where a real difference will be achieved.

The Commission’s recommendations are either not effective in reducing Violence or are being interpreted in a manner that renders the entire endeavour a futile waste of resources.

The Royal Commission heard from a plethora of do-good armchair experts, predominately with only academic experience of the consequences of the damage, with little or no reliable knowledge of the cause, as is now evident by the failures.

The apparent massive surge in Domestic Violence has its foundations in the broader governance of Victoria, as well as adversely impacting the police capacity to deal with the broader issue of Law and Order in this state.

The figures quoted in the Herald Sun articles must be viewed as a symptom of ineffectiveness.

Lawlessness perpetuates lawlessness and breeds violence.

However, the vast majority of these ‘experts’ relied upon by the Royal Commission work office hours, and in today’s environment, they probably work from home. They are not working when the issues are most prevalent and do not attend the scenes to intervene even if called by the Police.

Although early intervention would reduce the risk factors for victims, as far as we can establish, that is not a function of the agencies engage in; why?

They, therefore, have no direct knowledge and do not leave the cloistered environment of the Office and deal with victims in the real world rather than just the sterile environment (Sterile for the Victim) of a consultation approach, operating entirely on what they are told, usually from only one side.

As a result of the Royal Commission, the Police have been converted into statistic-gathering scribes rather than performing their proper function, maintaining the peace.

It is our understanding that the average domestic violence or disturbance attended by Police is a minimum of four – hours and oftentimes substantially longer.

The vast majority of that time is consumed filling out data requirements for other agencies’ statical needs, which does not contribute to the issue at hand and the priority of ensuring the safety of all involved.

The data we are told that they are required to collect is essential for the function of support services. The data is only of limited value to the Police, so unless the police have a demonstrated need, the data required by other agencies should not be foisted on the Police, causing limited resources to be stretched further.

While police are doing this mundane administrative role, they are not ‘keeping the peace’, a concept many do not adequately understand.

If the agencies require data, then they can collect it.

SPENT CONVICTIONS– A Legal Lie

SPENT CONVICTIONS– A Legal Lie

Spent Convictions Legislation is currently under review, and it is essential that a major rethink on this flawed legislation occurs. In its current format, it facilitates or supports the perpetrator’s lying.

The CAA has no issue with people who have committed minor offences having the albatross of a prior conviction lightened; however, not to the degree this Act achieves where expunging a conviction by secrecy is repugnant, exasperated by no mechanism to monitor the effectiveness of the legislation.

If asked by a potential employer if they have ever been convicted of an offence they can either refrain from answering or lie. And that includes joining the Police Force.

Spent convictions can either be Minor or Historical; the latter raises very real concern as there is no definition of Historical. A magistrate or administrator may have a subjective view of ‘Historical,’ and that is not satisfactory.

Moreover, innocent victims and others can be caught up in committing offences created by this legislation to protect the criminal. Breaching this legalisation, whether or not it was intentional, is a crime.

Amongst the major flaws in this Act include the secrecy in the administration and legal processes, undermining our legal system, and fundamentally, the legislation is structured to legalise a lie by the very people that the system is supposed to help live a crime-free life. One would think free from lies and deceit.

This is seriously flawed legislation that slipped through without very much public discourse as Victorians laboured through the last three months of the COVID pandemic, with the Act taking effect on the 1st of July 2022.

A cynic would suggest this was deliberate, as now the matter has been raised by the Government again in the form of a review. Hopefully, this indicates the architects now doubt the folly of this legislation.

This legislation is egregious, particularly given the secrecy that surrounds this process.

We have no hope of ever knowing if this program is successful as we watch our crime rate grow. The secrecy prohibits the collection of empirical data to measure the effect.

If a conviction is spent and the perpetrator reoffends, neither we nor the courts or the bureaucracy will know. They will be processed as a first offender. That removes any deterrent effect.

Secrecy is the building block of corruption, and this proposal is one of the most high-risk devised; the anomalies must be rectified.

Review of the Spent Convictions Act 2021 | Engage Victoria  (CTRL + click)

We are very uncomfortable with aspects of the legislation, and we suspect many Victorians would share our concerns when they become aware of it.

Secrecy:          The secrecy around this process is an anathema to us and everybody else who has any respect for our legal system. The openness of our legal system is a defence against corruption and totalitarianism and provides accountability for the Courts. Not undermining a basic tenet of our judicial system.

Corruption:     The system is not transparent, so the potential for the scheme to be corrupted is extremely high. Not only aggravated by dealing with people who in the past have been prepared to break the law, but convictions can be spent by an administrative process, which, in effect, is totalitarianism by the second estate.

Administrative abuse risks.

                       As we understand it, most of the decisions will be administrative (referred to as automated). The automated system will be managed by Public Servants or perhaps contractors, faceless and unaccountable staff; this is a recipe for corruption—convictions spent for a price.

Anti-Victim:     However, a victim must have a right to be heard before a person convicted for committing a crime against them is spent. They could cross paths with the perpetrator in all sorts of circumstances. As a neighbour, in a local town, or a housing complex, in social circumstances or employment, the list is extensive. The onus must be placed on the Perpetrator to avoid these situations and not the Victim. Victim harassment must be avoided and be an offence under this legislation. They have suffered as a victim once; why is the onus placed on them and not the perpetrator? This is a moral anomaly.

No Victim Representation:

It is bad enough having secret Courts with only the Attorney General, and the Chief Commissioner permitted to be represented; it is an indictment on our legal system that the same right is not extended to the victims.

Spent Conviction Time frames:

                       The Act species time frames for the period before a Spent Conviction can be granted. That part of the legislation is flawed, particularly for juvenile offenders.

Perpetrators may not have finished a court sanction (their debt to society) before the conviction is spent. Alternatively, for a large part of the stipulated period, they were either in jail or subject to some other court-imposed sanction. Spent Convictions must be measured from when the Court sanctions expire, not the conviction date.

Restitution:     It seems utterly incongruous that a criminal can have their conviction spent without making any reparation to the Victim. This means that the gains accrued by the criminal and the benefit derived from the crime ensures that crime does pay, and any deterrent effect is lost.

The definition of our legal system is best illustrated by ‘Lady Justice’, our logo; the scales she holds demonstrate the Law must be balanced; however, for too long, the scales continue to be tipped to favour the criminal to the point where the criminals derive more benefit from the ‘legal system’ than the victim. There is something abhorrent about that.

Unfortunately, many see criminals through ‘rose-coloured’ glasses when, in reality, many criminals are not charged with offences, not because they have reformed, but rather because they have not been caught. That is very true with opportunistic criminals.

It is time this was rectified and a more equitable system developed to ensure that victims are compensated for their loss (that Victim could be the Crown), and the benefit of ill-gotten gains enjoyed by Criminals must never be expunged as a liability until settled.

Crime is not supposed to pay.

THE FALLIBILITY OF MISGUIDED IDEOLOGY

THE FALLIBILITY OF MISGUIDED IDEOLOGY

Youth crime is the victim of ideology that is so blinkered as to fail to achieve its original goal.

In the late 1990’s to 2012 a formidable politician, Robert Hulls, championed a concept called Restorative Justice.

A concept, ironically given its devout following in Victoria’s Judicial fraternity, that has not exactly achieved worldwide acclaim or even acclaim to any great degree Nationally.

For all its warm-fuzzy ideological appeal, the concept remains just a theory, and we are paying the penalty of having our Justice system hijacked by a theory that, in practice, has failed, hence the lack of acclaim.

Look no further than the juvenile crime statistics over the last two decades to see the abject failure. This era was preceded by a Victoria Police Policy of proactive policing targeting young people and building bridges. A policy that worked.

The definition of Restorative Justice published by RMIT, is clearly an ideological joke gone disastrously wrong, and sane people should never have allowed it to permeate the justice system as it currently has.

Restorative justice is a theory of justice that focuses on the harm caused by crime and wrongdoing to people, relationships and communities.

It provides a framework for addressing and preventing harm that moves beyond punishment towards healing. As a practice, restorative justice processes most commonly bring together people affected by harm in a safe, structured and facilitated way, to talk about what happened, how they were impacted and how the harm can be repaired or addressed. 

https://cij.org.au/opencircle/what-is-restorative-justice

It is a fat lot of good having victims, sometimes of horrendous crimes, being confronted in a congenial environment with the perpetrator for ‘a healing’; ‘a healing for who’?

Healing the perpetrator does nothing for the poor Victim who not only has to suffer the consequences of the crime but is then called up for ‘a healing’, not for them, but for the perpetrator.

That this process would somehow reduce the likelihood of the perpetrator reoffending is an academic fantasy.

One major failing is this theoretical concept has been interpreted by the judiciary and others as a process to assist perpetrators and perhaps turn their lives around. The operative word is, perhaps, because, to those who know and understand the psyche of the young, it is highly unlikely to achieve the desired outcome.

Juvenile offenders know only one concept, and that is their personal advantage as they see it, and the impact on anybody else is immaterial.

When juveniles from a particular cohort are charged and convicted by a court, the perpetrator perceives only two options. If they walk from the court, they have beaten the charge, or they can be sent to prison, a badge of honour to be bragged about.

Lawyers and the Judiciary might as well save the energy from dissertations directed at a convicted juvenile perpetrator as they explain how wrong the actions are and that a diversion will be their ‘last chance’. Rhetoric without consequences, they have no doubt heard many times, making the threat useless.

So, no matter what might be said or recorded or otherwise by the Court, if the perpetrator walks from Court, their bragging rights herald, ‘I won’, and will be broadcast loudly amongst their peers. That has a knock-on effect of impunity from any consequences, emboldening others to commit crimes.

The Court’s focus on the individual perpetrator is important, but the Court has an obligation to the broader community, particularly other young people likely to offend.

That leaves us with a system that rewards, not punishes criminality, in the perpetrator’s mind’. Any deterrent effect is disastrously lost on any peers of the perpetrator as they can demonstrate that no matter what they do, nothing happens.

If reparation was enforced on the juveniles and or their family, it would at least be a tangible deterrent.

The best option to reduce juvenile crime is to prevent it by reintroducing proactive programs like,

  • Blue Light Discos (Blue Light survives, but the discos have all but disappeared).
  • The Police in Schools Program, which ran very successfully in Victoria from 1969 until 2006. (The current iteration is similar in name only; the very effective Curriculum-based version is no longer used.)
  • Operation New Start was a program actively ensuring young people actually get to school.
  • Derby Hill – a Blue Light resource used as a school camp. Local Police could spend time with their local children in a school camp orientated to Policing. The camp has been disposed of.

Early structured connection of police with juveniles pays high dividends in reducing offending. All of these programs had one remarkable similarity. When each was introduced, there was an immediate reduction in local juvenile crime.

Another option to reduce the frequency and severity of juvenile crime is incarceration, particularly for repeat offenders—understandable consequences for society and the juvenile.

Unfortunately, there is only one option to reduce the frequency and severity of juvenile crime, and that is incarceration—understandable consequences, not for society but for the juvenile.

Jail is not the place for young people; neither is it appropriate or in their best interest for them to rape,  rob and pillage society.

Shorter sentences will be the answer because time for young people moves extremely slowly, so a month or two with a generous good behaviour incentive would be more effective than any extended period to avoid the risk of institutionalisation and create a break in the nexus the juvenile has with their current peers.

Jail per se is not the problem; it is how this resource is used. Threats alone will never succeed, and the resource needs to be used more creatively and effectively.

After a relatively short period, the perpetrator’s peers will move on without the juvenile, a good outcome that gives the juvenile the chance to start again.

While jail should not be a holiday home, the discipline and proper management of juveniles will help them.

If the problem is perceived to be the jail, then fix the jail.

It’s their liberty that has to be sacrificed. A month without access to a mobile phone would be a great start on the road to a crime-free life.

In serious cases, it is the juvenile offender’s liberty that must be sacrificed to protect the Juvenile and the Victims.

The reduction starts with creative and effective pro-active programs to reduce crime in the first place and then pragmatic and effective management of perpetrators to guide them from their current path.

This will ultimately save lives, predominantly of the perpetrators. Crime can be a fatal endeavour.

 

 

DEMONSTRATIONS – ARE POLICE BIASED?

DEMONSTRATIONS – ARE POLICE BIASED?

The debate and allegations of police bias in the management of demonstrations have again been raised.

Bias concerns have indeed been more frequent and strident over recent years, and central to the community angst is the reported different responses to different causes.

The unavoidable comparisons of the police response are drawn between pre-COVID, Black Lives Matter (BLM),  COVID Demonstrations, Pro Woman’s Rights and more recently, pro-Palestinian/Hamas demonstrations.

Police acting as spectators to the BLM demonstration, as opposed to Rubber Bullets and O/C Spray against COVID Demonstrators, a scenario VicPol will not be able to move away from for many years, if ever.

Hence, the CAA’s position on water cannons which are at least consistent.

Now, the issue relates to the police response to the pro-Palestine/Hamas anti-Jewish demonstrations.

The first principle of Policing demonstrations is consistency so that an allegation of bias cannot be levelled at the police; irrespective of the cause, people are exercising their right to assembly and free speech.

It is understandable that many in the community have doubts and feel Victoria police show bias, influenced by the subject matter of the demonstrations.

These latest demonstrations could become more problematic and facilitate anarchy by extremists hijacking the demonstrator’s actions from either side of the debate. A lack of Police action toward demonstrators who are breaking the law is a major cause of violence escalating because the behaviour is unchecked.

What has occurred seems to be inconsistency in applying the law as it stands. This inconsistency implies that the police policy moves with the subject matter of the demonstration, hence the allegations of bias.

It was widely reported that a Senior Police spokesperson said, “Protesters could not be stopped from unfurling hateful banners and performing anti-Semitic rallying cries”.

But there are specific laws to deal with these matters.

In Victoria, it is against the law to vilify a person or group of people in public because of their race or religion. Vilification is behaviour that ‘incites or encourages hatred, serious contempt, revulsion or severe ridicule’ for a person or group of people because of their race and/or religion.

It is also against the law to behave in public in a way that is racially offensive or abusive to a person or group of people because of their race, colour, nationality or ethnic origin

. https://www.legalaid.vic.gov.au/racial-vilification-and-acts-racial-hatred.

It is, therefore, not a question as to whether the perpetrators, and there were many exposed by news services, have committed Vilification in breach of the Law, it is only their individual guilt or innocence that is the question, necessarily determined by a Court, not the bias of individuals within VicPol.

That the crime has been committed is beyond doubt.

Another statement attributed in the media to the Senior Officer was,

“Police are aware of recent chants and banners at these rallies, and while they might be offensive to ‘some’, unfortunately, they do not always constitute a criminal offence.”

So, the police pick and choose the ‘some’.

That is bias and not police exercising discretion, which individual Police have the power to do.

The further claim that Police can only act within the confines of the law” is a truism. However, it implies that the actions we see are within the confines of the law – a highly debatable proposition because, equally, the police have an obligation to enforce the law. There are a number of potential offences that the Police can take action against for those breaching them, which in part supports the politician’s views that police have adequate powers.

Offences regularly committed by demonstrators that are not prosecuted,

Obstruction, Trespass, Unlawful assembly, Anti-mask laws, Offensive behaviour, Besetting, Offences against emergency workers, Violent disorder, Affray or property damage.

https://fls.org.au/law-handbook/rights-activism-and-fair-treatment-at-work/community-activism/common-charges-associated-with-protests/

We accept that at times, for operational expediency, some minor offences should be overlooked (exercising police discretion); however, when demonstrations occur without any arrests and blatant offences are being committed, beamed into our living rooms on the nightly news, the authority of the State and the Police is undermined as is the confidence of the community, something from a policing perspective that is essential for the overall effective policing function.

That some perpetrators are prosecuted post-event is not a disincentive for participants where an arrest during the demonstration is. The lack of arrests can promote an attitude that police are weak and ineffectual, the deterrent effect is lost, and more social unrest is guaranteed.

While weasel words to attempt to justify police inaction and or bias may placate a minority, the vast majority of the community sees through the spin.

Fair, impartial and effective policing without fear or favour is an underlying foundation principle of policing.

VICTORIA POLICE A BASTION OF INTEGRITY – OR IS IT?

VICTORIA POLICE A BASTION OF INTEGRITY – OR IS IT?

16th November 2023

The Victoria Police ‘Prior History Guidelines’ published on their recruiting website https://www.police.vic.gov.au/police-entry-requirements raises considerable doubts about the integrity of the Police in this State.

The guidelines are an exhaustive list of offences that a person can be convicted of and still be recruited. This list will shock many.

Albeit that there are exclusion periods attached to each conviction. It is wrong on so many counts.

Not the least the lack of empathy extended to victims who may be confronted with their perpetrator in Police uniform.

Five or ten years may seem like a long time, but to the victims, their pain can be an eternity.

Simply having an arbitrary exclusion period does not mean that the applicant does not still hold a biased disposition to the values they held when committing the crime.

At best, it only determines that during the exclusion period, they have not been caught, not that they didn’t continue to offend.

The application of this policy, which has been in place prior to the appointment of the current Chief Commissioner, may go some way to explaining the difficulty in securing and retaining staff and the lack of confidence that has evolved in policing generally.

Police were once looked up to as pillars of society; this policy trashes that notion.

It allows people with pre-dispositions, attitudes and values not consistent with the high integrity expected by police to negatively influence the culture of the organisation.

Amongst a raft of offences, it is possible that the police member attending to investigate your issue has been previously convicted of that same offence and could have served jail time for that indiscretion.

Irrespective of time elapsed, that police member will have a disposition that may be counterproductive to good policing and affect their judgement. It would definitely not instil confidence in victims that this possibility exists.

Not too many people would be pleased that a convicted felon is the police member dealing with their issue. The principle of ‘set a thief to catch a thief’, is a principle that is unacceptable by any measure in policing.

An example of offences that applicants to VicPol can be convicted of and still be approved to join the police Force,

‘Theft, deception, criminal damage, serious assault, or other serious offences.

Dishonesty, assault, property damage or any offence against an emergency services worker, trafficking, possession or using illicit or illegal drugs.

Driving in a manner or speed dangerous, DUI, drug-impaired driving including refusing to undergo an assessment or refusing to comply with the requirements of testing,’

Surprisingly, the list also includes Insolvency with a five-year exclusion period. This shows scant knowledge of the realities of business. We have just come through and are still feeling the effects in the corporate sector of the COVID pandemic and now fiscal headwinds with Government policy responsible for many insolvencies, not poor character by directors.

Many businesses face insolvency through no fault of the Directors.

This policy is counterintuitive, discouraging these people, who are generally highly skilled people of very good character, from the Police Force.

Probably the most inane offence is the inclusion of ‘any offence against an emergency services worker.’ What sort of ‘numb nut’ would include the possibility of approving an application of somebody who has been convicted of belting a Police or emergency services worker?

It may be that this list is moot because it will conflict with the new legislation for Spent convictions. A person whose criminal offending has been ‘Spent’ will not be required to disclose the prior conviction in the first place. Unless Victoria police have secured an exemption, it will mean that they will not have to disclose spent prior convictions irrespective of Police policy, which says they must.

The number of people who are accepted into the Force with prior convictions for any crime, let alone serious offences, is irrelevant.

That they can be accepted is the issue that undermines the integrity of all Police and the Force generally, community confidence and the culture of Victoria police.

It is incumbent on the Chief Commissioner to rescind this Policy and require the Government to provide an exception to police on the issue of Spent Convictions.

Integrity is the cornerstone of effective policing, if not it should be.

THE GREAT DRUG DEBATE

THE GREAT DRUG DEBATE

15th November 2023

Having read the account of retiring Liberal member Matt Bach’s last speech, as reported in the Age, it is evident that people in authority are ignorant of the Drug Scene and that we are not prepared for the drug tsunami of epic proportions headed our way.

The most sensible comment attributed was that Drugs should be kept away from children, but children are not idiots, and they will always find out if their parents or associates are using drugs.

All children aspire to adulthood and consequently see drugs as an adult activity and, therefore, something to aspire to.

Equally, children whose parents use drugs are being desensitised to the drug scene and more likely to imbibe at the earliest opportunity.

Most of the pundits spruiking legalisation to decriminalise illicit drugs come from a cloistered affluent existence (and those pretending to be) far removed from the everyday reality of the pain and degradation caused by the Drug scene.

Legalising illicit drugs would be a major social error with astronomically bad consequences – if you think the Drug issue is bad now, see what other jurisdictions have experienced taking the legalisation path.

And don’t be fooled by ‘It’s only grass (marijuana) that we want legalised for personal use’. This is but the second step on the legislative path; the first was the Medically Supervised Injecting Room(MSIR) facility.

The drug problem we have in Victoria, replicated around the world, is fundamentally caused by decisions being made by people who are wilfully blind to reality and too insulated from the effects of illicit drug use to offer a meaningful solution.

Before reading on, it is important to view at least one of these videos to give perspective from jurisdictions that have legalised drugs.

A window to our future.

These jurisdictions started with the MSIR approach and then Legalising Marijuana, and now look at what they are dealing with.

https://youtu.be/Qwcp2mcOH0Y or https://youtu.be/_RaWzJUeT0o

Dealing first with the perception –what drug apologists would have you believe.

  • Illicit Drugs are harmless –
  • A person using drugs socially hurts nobody.
  • Why can’t adults decide what they want to use?
  • Putting drug users in jail only exacerbates the problem.
  • Most people who use drugs are not dependent on them.
  • Drug users with Mental health issues are worsened in the criminal justice system.
  • The legalisation is Evidence-Based.

This apologist propaganda is usually peddled by people from a professional background living in the bubble of apartments earning over $ 150k P/A, aged mid 20’s to 40’s, and who use drugs ‘Socially’.

They are also in denial of any risk of addiction.

The reality of drugs is poles away.

  • Drug addicts are consummate liars.
  • Rarely will an addict confront their addiction, with most in denial.
  • Their personal hygiene is atrocious.
  • Every dealer’s role is to increase their customers’ addiction and their own profit to ensure their own drug supply first.
  • Fentanyl, a super addictive drug, is used to spike drugs to increase the addiction of users and dealers’ profits.
  • Drug users generally only associate with like-minded people.
  • By the time they have lost their job (somebody else’s fault) they are entrenched in the criminal sphere.
  • They are as addicted to the lifestyle as much as the drugs – no cares or responsibilities.
  • No drug addict can be rehabilitated unless they want to be, but if it garners them favour will readily claim they are willing to rehabilitate.
  • Users’ behaviour is unpredictable and can be dangerous. Severe violence is just under the surface and within the industry, usually hidden.
  • Most crime, particularly violent crime, has its genesis in the drug scene.
  • Mental Health issues are generally caused and aggravated by drug use, reducing the effectiveness of treatment.
  • Drug users are rarely if ever, jailed for just using an illicit substance.
  • Criminals, including Outlaw Bikies, are the beneficiaries of huge amounts of cash through their drug enterprises, established by violence and maintained by intimidation.
  • ‘Evidence-based’, used in this context to give some authority to claims, is nonsense. Everything that supports legalisation is claimed to be ‘Evidence-Based’ until the evidence no longer suits, and then it must be ignored.

This poses the question of what to do.

Should the State adopt a Health approach, as occurred in the attached examples, or should it be a Law and Order, Police approach?

The answer is very clear to those who view the issue through clear eyes.

Both is the answer.

It is not an either-or proposition, as that inevitably ends with catastrophic failure.

Policy for Health and the Law and Order must be driven by an Illicit Drug management panel with appropriate authority, skills, and resources to tackle the problem holistically.

In an environment of fiscal challenges, this is one area that cannot be ignored, as effective management of the issue will reduce the costs to the community by reducing crime, welfare costs and health expenses and improving the lot of the addicts.

The current approach is akin to using a ‘band-aid’ to stem the flow of blood from a serious wound.

The CAA has previously published a clear blueprint for a better way to reduce the use of illicit drugs while dealing with the health issues of addicts.

See http://caainc.org.au/drugs-and-alcohol-abuse-a-management-solution/

SEPARATION OF POWERS  – THE ELEPHANT IN THE CORNER

SEPARATION OF POWERS – THE ELEPHANT IN THE CORNER

There can be no argument that Victoria is a standout State in Australia for all the wrong reasons, but why?

In trying to identify why things in this State have deteriorated so dramatically in recent years, it is notable that the Separation of Powers concept has all but disappeared from public discourse.

The CAA is strongly inclined to the view that this State’s decline, with no sign of abatement, all stems from a failure of the principle of the Separation of Powers.

That was clearly and intensely evident during the COVID pandemic, with the Police response seemingly dictated by the Government.

What has evolved is a massive block of Labor’s apparatchiks, achieved through ideological nepotism, throughout the public service and all Government authorities.

It would seem appointments are made not on the ability of the individuals but on their ideological bent. Structured in a way, they are beholding to the greater good, the ideology they all share, not the State citizens they are responsible for serving.

This has allowed the evolution of the ideological mass that has achieved the critical level of avoiding independent thought, the mass that has lost its independence of thought and rolls on engulfing any who get in its way.

Shades of the mythical ‘Blob’.

The power of this mass is frightening, deliberately caused by the Premier and those around him seeking ultimate power and control.

What the architects of this mass have underestimated is that the mass appears to have developed its own ability to grow and engorge the designers who are losing control, hence the more outrageous machinations of parts of the Legal system.

Initially, an attractive proposition for any Government putting people in key positions that have compatible ideological values, rather than competency for their function, which means that every decision is made through an ideological prism rather than a pragmatic reality that good governance requires.

The worst possible thing that can happen to any society is the removal of the safeguards that are the cornerstones of democracy.

The Separation of Powers is not a concept that is front of mind to many. However, its importance cannot be overstated.

Public officers are required to implement the Policies of the Government of the day, but that should not diminish their obligations granted under the various legislative Separation of Powers, bestowed on them to give critical and independent advice, particularly to Government Ministers.

Police are a critical example. A sworn police Officer cannot be directed to charge somebody with an offence if they do not believe there is a reasonable likelihood that a Court will convict. Equally, a Court must determine its findings in criminal matters based on the evaluation of the veracity of the evidence, not political ideology.

This concept is repeated throughout the Legal system, and the failsafe, the Separation of Powers, must be protected.

There are very strong indications that the ideological mass has permeated the legal system and, in particular, the senior people appointed to critical decision-making positions.

We have seen many instances where serious charges have been dropped without explanation and where what appear to be obvious serious criminal offences have not been prosecuted, again without explanation.  The community are not privy to the reasons behind this turn of events and are entitled to know.

Justice must not only be done but be seen to be done.

This begs the question as to why the Director of Public Prosecutions, Kerry Judd, is unwilling to keep the public, and, perhaps, more importantly, victims informed.

No better example of the failures was the decisions made by high-level bureaucrats in relation to the non-prosecution of the main alleged architects of the Gobbo fiasco.

An example of where the Separation of Powers, political and State administration, may well have collided, and because of the severe lack of transparency, the public does not know why these decisions have been made.

They may well be quite proper in the exercising of the authority of the bureaucrat but morally reprehensible in practice, allowing those who are of the ideological mindset of the government to avoid proper scrutiny and accountability.

The CAA implores all politicians for a bi-partisan approach to reviewing the application of the Separation of Powers to be undertaken.

It must surely be attractive to all politicians to have the bureaucrats being held to account for their administration rather than the politicians who can focus on Policy.

We are not opposed to amendments to Ministerial Accountability rules to achieve joint responsibility for the functions of the administration from the relevant Minister to the head of the Department with the ability for sanctions to be applied for failures.

Furthermore, it does not serve us well that Departmental heads can hide behind their Ministers, or the lines are so blurred as to the Separation of Powers – the loss of checks and balances will lead to more problems, and, inevitably, corruption.

To be clear, the dilution of the Separation of Powers for Victoria Police was created with the Police Act of 2013. This legislation was introduced by the then minority-conservative government.

There is little doubt that the unintended consequences, as they have manifested, were unlikely to have been anticipated.

A by-partisan examination and review of the Police Act is also essential to remove anomalies that currently exist.

 

 

POLICING BY THE NUMBERS

POLICING BY THE NUMBERS

It is not the number of Police that makes a difference, but how you use them; that is the key.

Victoria Police are allegedly understaffed, which means that radical and surgical work must be undertaken to maintain Law and Order, something the average citizen sees slipping away.

The most common gripe from Police members is the role that they have been forced to play in the Domestic conflict situation. Taking multiple crews off the road for periods often well past the end of their shifts and into overtime.

The priority of Domestic disturbances impact causes every other function to be adversely impacted, and functions assessed on the lower end of the scale of importance can wait many hours for Police to attend, if at all.

Often forgotten in the prioritising regime is people do not contact the Police for no good reason. Whatever the incident, it is important to them. Although administrative assessments of importance occur, the victim has no such luxury.

The biggest casualty is the inability of the Police to provide a highly visible Police presence, reducing crime and anti-social behaviour.

Backed by a Royal Commission, the role of the police in domestic incidents has gone well past their primary function of maintaining the Peace and enforcing the law, to become glorified statistic accumulators, marriage guidance experts, conflict resolution councillors and welfare managers.

Sometimes, even Royal Commissions get it very wrong, as in this case. The Commission’s terms of reference would possibly be where the error lays as the consequences of their recommendations on the broader question of the role of the broad function of Police were unlikely to have been examined and, therefore, not properly considered.

That anomaly must be adjusted.

Unintended consequences of the Commission findings could be the major driver in Police leaving the service and or suffering stress-related illness through work overload.

If not the major driver of police dissatisfaction, it is a significant contributor.

From a policing perspective, attending a Domestic that takes up a high proportion of their daily duties, day in and day out, is something they did not sign on for.

As part of their job, it is their responsibility to prevent any breach of peace and prosecute offenders; they accept that. However, they are not qualified, nor should they be expected to handle the matter beyond that. Their expertise lies elsewhere.

There is a plethora of highly paid public servants in a number of departments supported by a large ‘Domestic industry’ of consultants and clinicians that has been built up around this issue, but their service is restricted to office hours and office environments inconsistent with the realities of parties they are working with, that falls to the Police.

Highly paid Lawyers also feed off the Domestic carcase, but they all have something in common with the confluence of all the ‘Domestic industry’ functions. They only operate by referral and appointments and are rarely, if ever, available to help with intervention while the situation is active.

If half the experts who derive an income from this industry were required to provide a 24-hour response capacity of sufficient numbers to deal with the fallout of half the reported Domestic disturbances in any given shift the impact would be extremely positive, firstly for the warring parties and additionally on the capacity of VicPol to perform its roader function.

There would be no expectation that the Domestic response units be exposed to danger as the scene must first be controlled by the Police, but the early intervention of a response team will achieve better outcomes for the parties to the dispute.

Critically, where children are involved, the response teams can remove them, temporarily out of harm’s way, changing the focus on the warring parties and enabling early effective intervention.

Professional consultations at a sterile office miss a critical component from the equation only achieved by visiting the scene, providing context.

The bonus to all Victorians is to free up Police to perform their broader function.

In this current fiscally stretched environment that the State is facing, it might be very clever to make sure that police are relieved from Domestic situations as soon as possible by the ‘Domestic industry’ players.

As a bonus, this might just see a reduction in the exits from Policing, and Police dealing with the broader Policing function rather than predominantly only one.

A reduction in crime and public disorder would be a just reward applauded by the community.

At no additional cost to the public purse; just a realigning the deck chairs.

 

HOW COULD WE BE SO WRONG

HOW COULD WE BE SO WRONG

The current strategies being developed, and some implemented to deal with two of the social blights of our society, Drug and alcohol abuse, have and continue to fail, causing substantial disquiet, and a danger to the rest of the law-abiding citizenry.

On the one hand, we send people, of yet-to-be-determined capabilities and skills, onto the streets to recover drunks and remove them to somewhere safe to recover (Drunk Tanks) and on the other, we facilitate drug addiction at safe injecting rooms (MSIR) accounting for a comparatively very small number of addicts, but the majority are just left on the streets to rot where they fall. A classic, ‘being seen to be doing something’.

Perhaps misguided compassion at best or an underlying strategy to minimise an adverse impact on the illegal drug trade, we do not know, but something is terribly wrong with the current approach.

High on the list of ‘wrongs’ is picking up drunks.

Whoever these people are performing these tasks, they will be at high risk of personal harm or high risk of litigation if somebody they are dealing with is harmed. Before the project sees the light of day, ‘Work Cover’ may have something to say about risks to their responsibility.

While it may sound benign in theory, the reality is that a large percentage of the ‘Drunks’ are not only suffering from alcohol excesses as they did 40 years ago, but today’s drunks are more likely to have achieved their state with a cocktail of drugs and alcohol – the ultimate party pack.

This cocktail approach increases the likelihood of belligerence, and the risk of outsourcing this Drunk recovery mechanism, is absolutely fraught with danger.

The Drunk Tank concept is, at best unnecessary and, at worst, placating to a small number of vocal groups that are blind to reality (focusing on the individual) rather than focusing on the overall impact on society.

It is very easy to take one aspect, in the case of drunkenness, the risk to the drunk, and ignore the other aspects of this behaviour.

If we are only talking about Drunks that are comatose and a response from them cannot be elicited, then it is a medical issue and a role for an Ambulance. If they are responsive, then the traditional four hours in a Police cell is perfectly adequate. Albeit that the provision of support services immediately when they sober up would be an enlightened improvement.

The other and most important aspect of managing people who are affected by alcohol is the common propensity for them to become belligerent and often very hostile to either people in authority first and foremost, or anybody in the vicinity.

The greatest risk of this behaviour manifesting is in the domestic situation and is surprisingly common. Drunkenness and drugs are a huge problem, not restricted to the public space.

The so-called safe injecting room (MSIR) is a political stunt and is presented as a solution; however, the facility only claims, on disturbingly questionable data, that they believe they have saved 63 lives.

When you add those alleged saved lives to the irrefutable statistics, there has to be a substantial question mark over this spurious claim. Because of the nature of the question, there can never be a definitive answer- so at best, they think/claim they may have saved 63 lives.

However, the real question is, does the injecting facility, the MSIR, actually reduce harm or elevate it?

The statistics from the Coroners Court, which are empirical, conclusively show that since the introduction of the MSIR in 2018, there has been no appreciable reduction in drug overdose deaths. Moreover, the trajectory of the increase in deaths, apart from the hiatus caused by COVID, has not altered but has accelerated.

G-TAG AND THE PRIVACY DEBATE

G-TAG AND THE PRIVACY DEBATE

Autonomous vehicles and connected vehicles are on the horizon. That technology will have the capacity to take control of vehicles away from drivers. Currently in the advanced stage of trials, which seem rather benign; nevertheless, the impact of this technology will be profound.

Touted as a Road safety initiative, the cost is going to be horrendous and will end up being a cost-benefit tragedy. The G-Tag will be a fraction of the cost and a motorist may only need to spend less than $150 to upgrade their current vehicle as opposed to many thousands for autonomous upgrades, if they are at all possible, forcing people to upgrade their vehicles. Their current vehicle will be valued based on recoverable scrap value.

As annoying as that might be, the bigger problem is that an initiative that transmits or receives data creates a risk of being compromised and used for illicit purposes.

As anticipated, the proposal of a G-Tag http://caainc.org.au/the-g-tag-that-can-save-lives/ has faced a mixed reaction. Although supported by most, several people have expressed unease about the privacy aspect of the proposal, ironically a view we share.

We are cognisant that the development of this initiative will take some work, not only the development of the program’s infrastructure but also the management of the Privacy issue.

The key to privacy issues is to restrict the use of data to strictly defined purposes.

The G-Tag takes on a new priority of late, given the alleged staffing issues of Victoria Police. Using Police resources more efficiently becomes a very high priority.

Technology can reduce risks to Police as well as increase efficiency.

People being better informed will see the advantages of a properly managed G-Tag system far outweigh the risks.

To bring perspective to the privacy issue, we must look back to 1981 when Melbourne hosted the Commonwealth Heads of Government Meeting (CHOGM), the first international meeting of this type in Australia.

Initially, over twenty (20) CCTV cameras were installed and monitored by the Police; terrorism was a very real threat at that time.

After the event, and based on the issue of privacy, all but five (5) cameras were removed, and the control of the cameras was moved from the Police to Melbourne City Council to appease objections.

Currently, there are well over twelve (12) thousand in the City of Melbourne, and that is not counting cameras privately commercially operated. These cameras generally operate with no accountability for what is done with the data collected. Is this a matter of ignorance or something else entirely?

https://www.comparitech.com/vpn-privacy/the-worlds-most-surveilled-cities/

As with CCTV Cameras, the operation of the G-Tag has no adverse effect on privacy per se; the raw data is benign, the issue is how the data accumulated is used.

The G-Tag does not take pictures but is designed to locate and monitor target vehicles. Showing their location on maps gives the direction of travel and previous travel for a predetermined period.  Police would have the capacity to shut the vehicle down if it posed a threat to the community.

Logically, stolen vehicles could be located when they were reported, increasing the chances of recovering the vehicle immediately and perhaps catching the perpetrator.

Using this system to protect the community from random attacks using vehicles could be minimised.

The very recent murder of criminal heavyweight Gavin ‘Capable’ Preston as he sat having breakfast involved no less than three cars used by the assailants and possibly more.  At least two of them were reported to Police prior to the hit.
A G-Tag system operating on a relevant algorithm could have identified a pattern, of stolen car locations and given police a heads-up, something was happening.
Additionally, the perpetrators would have an uncomfortable shock returning to their planned getaway car to find it is immobilised.
We should be very concerned over this killing as the chances of a criminal War is very real, it was only good luck that an innocent patron of the café was not killed or maimed.

To protect privacy, every vehicle that is tagged or prompts a response, irrespective of the nature of the vehicle’s behaviour, must be recorded with the justification included for any future reference.

The use of cameras and other monitoring tools has become widespread, albeit with minimal impact on privacy. It is essential to establish strict regulations around data management to mitigate any negative consequences and promote transparency. This will instil trust among the public that the system is acting in its best interest, will not cause harm, and is accountable for its actions.

The real harm of these technologies is not the action of collecting data so much, but how that data is used and how it is stored and retrieved. Essentially, encryption of the data will protect it from Hackers and misuse or other unauthorised access for nefarious reasons.

Cameras have come a long way and are a part of life. https://www.theage.com.au/national/every-step-you-take-20050726-ge0kta.html

But cameras are not the only intrusion that we have accepted.

Anybody who,

  • Owns a computer.
  • Shops at a Supermarket.
  • A car
    • Owns, leases or hires.
    • Uses freeways, tollways or major highways.
    • Parks in a major shopping mall.
    • Uses a commercial car park.
    • Insures or registers a car.
  • Uses a card, either loyalty, credit, or other card functions.
  • Has a bank account.
  • Uses medical services.
    • Has Private Health Insurance
    • Has Medicare
    • Any social service interaction.
    • Employment
      • Union Membership.
      • Payee Taxation
    • Has a passport
    • Travels on public transport
    • Any interaction with the Tax Office
    • Interacts with Local Governments
    • Uses services utilities.
    • Attends any educational institutions.
    • Plays sport.
    • Belongs to any social or sporting club.

This is not an exhaustive list, but it shows that just living in a modern society comes with some privacy baggage.

What is important to realise is that, by and large, most of the data collected is benign, and it is largely unregulated, but the collection of this data is not the issue; it is the use of the data that is where things can come undone.

In the design and development of the G-Tag system, as much care must be applied to protecting privacy as goes into designing the operations.

The G-Tag is capable of monitoring any vehicle on our roads, and that is what causes some angst, but your individual privacy is assured by the following safeguards.

  • There are over five million vehicles in Victoria, so the best system could only track targeted vehicles, so the average motorist has nothing to fear.
  • Vehicle tracking must have an expiry date, and the tracking justification must be retained securely.
  • The unauthorised release of data collected by the system needs to be a criminal offence.
  • A vehicle driver, either a missing person or an overdue traveller, would, in many cases, use the G-Tag system. Police can safely intercept them to check their welfare. It would be up to the driver whether their details are passed to those who made the original report. This will avoid obvious misuse of the system.
  • Only sworn Police can operate the system or access data. (Police are the most accountable and suitable for the task).
  • All data must be encrypted to avoid hacking.
  • An independent Board including Police executives, Government representatives and an equal number of non-aligned members of the public to provide a monitoring and evaluation function.

If, however, you own or drive a car that is ten years old or younger, the chances are that you are already being monitored by the manufacturer, and the Limp Home Mode function or the capacity to shut a vehicle down already exists in vast numbers of the Victorian fleet.

The question posed is, would you rather be covered by a transparent authorised function in Victoria or the unregulated actions of overseas manufacturers and perhaps dealerships?

Today, most transport fleet operators, hire car firms, and many Government departments and authorities install tracking devices in their vehicles, often unbeknown to the driver.

Although, that data is managed in Australia, how do you feel about using a car that transmits unregulated data to another country? Probably not an issue with friendly countries, but what of the countries that are not?

It raises concerns for national security that a foreign power could potentially track and shut down large portions of the vehicle fleet or individually targeted vehicles in the country as an act of aggression or terrorism.

With all the risks we are exposed to, the G-Tag proposal is somewhat innocuous.

DRUGS AND ALCOHOL ABUSE – A MANAGEMENT SOLUTION

DRUGS AND ALCOHOL ABUSE – A MANAGEMENT SOLUTION

Having exposed the flaws in the current approach to Drugs and public intoxication http://caainc.org.au/how-could-we-be-so-wrong/, the CAA has applied its depth of experience to develop workable and practical solutions.

The proposed solutions aim to strike a pragmatic balance between compassion for those entrapped by addiction to drugs or alcohol and those who lack the moral fortitude to control their addiction and the danger to themselves and the whole community.

As a society, our social obligation transcends the current narrow obligations to addicts and users. Current strategies substantially favour addicts, and that must be adjusted.

The focus in managing the drug and alcohol addiction problems must balance the community’s rights against the need to look after addicts, either addicted to drugs, alcohol or both.

Central to achieving this is transparent reporting to build integrity and the confidence of the community.

The Richmond  Medically Supervised Injecting Room (MSIR)

The highest profile resource, seen by many as compassionate and caring, is the antithesis of what caring should be about. The MSIR provides services that promote and further the abuse of illicit drugs or addiction, not manage or reduce dependence. Additionally, the MSIR creates a substantial risk to other citizens by its location and function.

The MSIR is underperforming for drug addicts, has an adverse impact on the local community and  must be closed or repurposed.

Staff from the room collect huge quantities of used needles in the immediate surroundings and then claim needles are a reducing problem. https://www.heraldsun.com.au/news/victoria/north-richmond-community-health-new-mums-request-transfer-away-from-injecting-room/news-story/

This tells another story. The MSIR is not being used by a large percentage of the addicts/users frequenting the area. Therefore, its purpose is questionable. The community is instead exposed to needle use and all the negative behaviours associated with drugs.

The impact on community amenity and the long-term impact on children growing up in a locality where drug abuse is normalised is unacceptable, particularly in a Housing Commission Estate next door to a Primary School and as part of a Community Health Centre complex.

Unfortunately, the Government has just announced the location of the new Drunk Tank, near a Primary School and in the middle of another housing precinct.

See https://youtu.be/_RaWzJUeT0o

The Canada is Dying Documentary is essential viewing to understand appropriate responses to the issue.

The MSIR is a drug facilitator, and its function promote drug use (claiming the use of drugs in the facility is safe) and has created a hub for dealers to ply their trade, increasing the drug scourge, not reducing it. It is the equivalent of the Chadstone in our world, attracting customers.

Ethics of the MSIR

Primum non-nocere is the Latin phrase that means “first, do no harm.” This is a commonly taught principle in healthcare, the Hippocratic Oath.

We fail to see how medical professionals, at any level, can assist/facilitate/supervise addicts in the ingestion of illicit drugs, knowing the harm their actions inflict on the addict is contrary to the ethics of the medical profession.

The size of the problem

The City of Yarra says it collects 90,000 improperly disposed of used syringes a year, excluding those disposed of in local sharps containers and those collected twice a day by MSIR staff near the MSIR. The MSIR is feeding the growth of the problem, not reducing it, which surely must be its primary aim.

They didn’t check the roof.

MSIR, an alternative

The current MSIR must be closed as a priority, and alternate facilities established to manage and look after addicts.

Drunk Tanks could be integrated with the Drug rooms and serve a dual purpose in caring for people under the influence of either substance.

The Proposal

A person under the influence of drugs or alcohol is moved to a facility, a Medically Supervised Recovery Centre (MSRC), for assessment by the authority of an Interim Health Order.

A doctor then determines an immediate management plan, and any health issues addressed. The Health Order is to remain in effect until a medical practitioner is satisfied that the person no longer poses a threat to themselves or others and has regained cognitive acuity.

Essentially, before discharge, the patient must be assessed and exposed to a pathway out of their demise.

Interim Health Orders are, as the name implies, a temporary authority to allow Authorised Officers to secure and transport illicit drug-affected persons to the MSRC.

Similarly, an Interim Heath Order would be an appropriate method to protect a drunk taken to the Drunk Tank facilities.

Authorised Officers would be a member of the Police Force, Ambulance personnel and other officers employed by the Health Department.

Most addicts or over-imbibers are incapable of rational thought. Moreover, it can be difficult to determine whether a person is inebriated on drugs or excessive alcohol, with many using both.

Because the new facilities would have a more holistic health solution orientation, the attraction for drug dealers to hover around such a  facility would be minimised.

A person who has been subject to an IHO or a HO when discharged from the MSRC should be transported to a mutually agreed location. This is critical to disperse dealers from hovering near an exit waiting for customers.

Rehabilitation

A joint report released in November 2022 between KPMG and Rethink Addiction has revealed:

‘The cost of addiction in Australia was an estimated $80.3 billion in 2021. In addition to this, the value of lost life was reported at a staggering $173.8 billion.’

Prescription and illicit drugs recorded 16% or $12.9 billion of that amount.

(We believe this figure may be a gross underestimation given the number of addicts.)

The National Framework for Drug and Alcohol Treatment Services says.

“It is well recognised that alcohol and other drugs (AOD) treatment is a good investment for governments and other funders with direct savings in future health costs, reduced demands on the criminal justice system and productivity gains. More importantly, evidence-informed treatment contributes to individual, social and economic goals by reducing the harms from alcohol or drug use and improving the well-being of individuals and families.”

https://www.health.gov.au/resources/publications/national-quality-framework-for-drug-and-alcohol-treatment-services?

The Salvation Army in San Francisco has developed a system of care, ‘The Way Out’, and this concept could well be integrated into the MSRC and applies equally to the homeless and addicts.

Community cooperation

It is essential that for this new approach to succeed, nearly as much emphasis needs to be placed on taking the community along on the journey as creating the project.

It is imperative that well-thought-out and targeted marketing strategies aimed directly in a coordinated way at reducing the social acceptance of drug use and alcohol abuse are as essential as the other components.

    Conclusion

The CAA recommends that a Working Party be established with the purpose of recommending to the Government how this initiative can be costed and implemented.

We know that where governments have given up on drug and alcohol abuse, crime is rampant, and the amenity of many a city and community is lost.

This proposal is a world first and will satisfy the ‘wolves and the lambs’, of Aesop’s fable.

VIOLENCE ON THE STREETS OF MELBOURNE: WE NEED A ZERO-TOLERANCE POLICY

VIOLENCE ON THE STREETS OF MELBOURNE: WE NEED A ZERO-TOLERANCE POLICY

If you speak to former senior police officers, they will tell you they fear an outbreak similar to the drug wars of Mokbel, Williams and others in the 1990s and the bike gang wars in the 2000s.

The murder last week of a former bikie and convicted killer, in one of Melbourne’s most prestigious and famous suburbs barely 3 km from the heart of Melbourne’s CBD is an ominous sign.

What leads someone to flagrantly walk up in a well-lit area (albeit late at night,but maybe not for the nightclub scene) and brazenly shoot a person who is walking with another in what is a busy part of Melbourne?

Put aside the personal animosity and/or financial motives that encourage this type of brazen behaviour, it is a total disrespect of our laws that concerns us most. This disrespect has been brought about by very poor government policy at both the state and council levels. We have at all levels of government a soft-on-crime policy that simply encourages people to disrespect the law, the police, and worse, their fellow members of society.

And it is not just one bad policy decision but a combination of many that drives this behaviour. If you are shown that there are little or no consequences for breaching the law, then many bad actors will breach the law.

We now have this on a scale I have never seen before, and the last straw has been the Spent Convictions Act.

This is perhaps the craziest piece of legislation I have ever come across. Sure, spent convictions for minor offences, especially when committed whilst young, is good policy. But to allow a person convicted of a serious offence, violence, robbery/home invasion or fraud to apply for their convictions to be spent secretly is bad policy.

The hearings (if at all as a magistrate can act without a hearing) are private and only the Attorney General, Police Commissioner, and the convicted felon appear. But what is crazy is that not only does a victim of a crime have no say but it is a crime for that victim ever to mention the conviction.

So, a person who was beaten up by their husband has to endure that person living next door to them when they are released from jail and cannot say to anyone (without committing an offence) that they are petrified of living in the same street. They cannot even disclose their fears to a treating medical practitioner. Ditto for a sex offender. Whilst working for children, disclosures are allowed under the legislation; as we have seen recently in Queensland, sex offenders will game the system. And if you are a victim, you can say nothing!

Any criminal can apply to have their conviction spent (provided they spent no more than 5 years in jail.). Why worry about being caught if you can get your conviction spent. The policy is bad for public safety, accountability and recidivism prevention. It disregards victims’ rights and justice and will be exploited by criminals.

Then let us turn to raising the age of criminal responsibility. Initially it is being raised from 10 to 12 and then in 2027 to 14. We have all seen in the USA that children are capable of committing horrendous crimes through accessing firearms. We see the same here with knives and blunt objects. Worse, this simply encourages adults to use children (just under 14) to be criminal mules. They will invade homes, break into cars, sell drugs and set upon rival gang members with no fear of facing the criminal justice system. All to assist their adult controllers.

We have also had the crime of public drunkenness removed. This was a tool used by police to ensure public safety, including the safety of the drunken person. It was used sensibly. It got what could turn into an ugly situation into a controllable situation, often with the intoxicated person going into a lockup for a few hours and then being released.

We cannot have our streets full of drunken persons, young persons encouraged to commit crimes because of no recourse nor homeless, drug dealers and petty criminals. But this is happening. We can see it every day as you walk through the streets of Melbourne. And those charged with keeping our streets safe are losing the tools to do so.

I finish with the “safe injecting rooms”. This is council and state government policy that has ruined parts of Richmond and will do so in the CBD. It will encourage dealers, street prostitutes and all sorts of criminals to fill our streets. It will discourage people from visiting the CBD and be a disaster for local businesses.

Bad policy delivers bad results. Rather than being soft on crime as our politicians have shown to be, we should have zero tolerance for crime.

REPREHENSIBLE CONDUCT WITHOUT ACCOUNTABILITY – A DISGRACE

REPREHENSIBLE CONDUCT WITHOUT ACCOUNTABILITY – A DISGRACE

29th July 2023

In 2018, the full High Court found  – “Victoria Police were guilty of reprehensible conduct in knowingly encouraging [Gobbo] to do as she did and were involved in sanctioning atrocious breaches of the sworn duty of every police officer”.

Of course, they could not do that on their own and needed the support or involvement of Officers of the Court – Lawyers.

The Herald Sun July 27, 2023, pp1, 6-7, refers to a number of Justice figures demanding a review of the decision not to pursue charges in the Lawyer X case and notes that the Director of Public Prosecutions, Kerri Judd, had represented former Chief Commissioner, Simon Overland, in legal proceeding raising concerns about a serious conflict of interest. The calls for a review of the decision are supported by Senior legal officials, including a former Vice President of the Victorian Bar Council.

It should be noted that former High Court Judge, Geoffrey Nettle AC KC, has expressed serious concerns about the decision of Judd not to bring prosecutions.

The Community Advocacy Alliance Inc., (CAA), since January 2020, has published several articles on our website relating to the Lawyer X scandal, highly critical of the conduct of Gobbo and senior police involved in this fiasco and calling for those responsible to be held to account.  We are in total support of the calls for an independent assessment of the evidence, and if that assessment supports the laying of charges against police or anyone else, demand that this be done expeditiously.

Only then can we, the public, be confident that justice is not only done but seen to be done.

The current status puts perpetrators above the law.

****

Extracts from our articles are set out below with links to full articles.

YOUR MOVE PREMIER -LAWYER X

CAA | Jun 25, 2023, http://caainc.org.au/your-move-premier-lawyer-x/

When Law enforcement becomes law-breaking, there must be accountabilities. The continuing saga of the Lawyer-X criminality by law enforcement appears to be one of the most serious overreaches by serving police personnel in Legal History…

LAWYER X FAILURE TO PROSECUTEAN ABSOLUTE DISGRACE

CAA | Jun 22, 2023, http://caainc.org.au/lawyer-x-failure-to-prosecute-an-absolute-disgrace/

Once again, we see the Victorian Director of Public Prosecutions (DPP) refusing to act on clear and compelling evidence of the commission of criminal offences.

When the Special Investigator, Geoffrey Nettle AC KC, a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy, recommends prosecutions, one could reasonably think that the evidence of the commission of criminal offences must be clear and compelling…

LAWYER-X ACCUSED MUST FACE COURT

June 23, 2023, http://caainc.org.au/lawyer-x-accused-must-face-court/

The continuing saga of the Lawyer-X criminality by law enforcement appears to be one of the most serious overreaches by serving police personnel in Legal History. How can it be that nobody is going to be held accountable?

LAWYER X – IT’S NOT JUST THE COPS

CAA | Dec 6, 2020, http://caainc.org.au/lawyer-x-its-not-just-the-cops/

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

LAWYER X – THE AFTERMATH

CAA | Sep 2, 2020, http://caainc.org.au/lawyer-x-the-aftermath/

Nobel cause corruption’ (the ends justify the means) is as unlawful as the normal interpretation of corruption. It diminishes the role of the Police in our society, as has the behaviours of the Police executive who promoted and or failed to manage the Lawyer X calamity and whose leadership was lacking throughout…

MANAGING POLICE INFORMERS LIKE GOBBO & ALLEN

CAA | Feb 9, 2020, http://caainc.org.au/managing-police-informers-like-gobbo-allen/

Failing to recognise a loss of objectivity is evident in the Gobbo matter and a damming indictment of the police executives’ lack of competence. The buck, however, stops with the Chief Commissioner and in this protracted affair, no less than four Chief Commissioners failed to resolve or wheel in this train wreck, and each of them took the same Oath to the other Police involved…

THE GOBBO SHOW ROLLS ON…

CAA | Jan 4, 2020,  http://caainc.org.au/the-gobo-show-rolls-on/

Many Victorians were sceptical of the Royal Commission into the Management of Police Informants. As the process started, most public sentiment towards the Royal Commission was, it is a waste of time because even if the Police tactics were not kosher with lawyers, the end justified the means.

After all, we are not talking about the pillars of society, but murderers and drug lords being locked up, and that is a good thing, isn’t it?

As many Victorians have watched the evolution of this Commission, attitudes are changing…

****

The community is quickly realising that the old adage, ‘whether you are a prince or pauper, saint or sinner’, we are, and should all be, equal before the Law. Although in Victoria, depending on who you are, that principle is corrupted.

Culpability must also extend to those executives that conspired to cover up the actions of this artifice, whether by use of the legal system or otherwise, that only served to extend and exacerbate the original reprehensible behaviour. In many ways, their behaviour is more reprehensible than the original architects.

They all must have known what was going on. It is fanciful to suggest that authorising or orchestrating a cover-up without knowing what you are covering up beggar’s belief.

It is also bordering on fanciful that lawyers, particularly those who conspired with Victoria Police to hide the Gobbo matters using the Courts, didn’t know what was going on. Remember that lawyers are Officers of the Court, and with that goes obligations that some may well have breached.

Equally, there are no doubt senior Police Officers, many still serving, who were totally cognisant of what was happening and the criminal and moral culpability but chose to support or take no action against the perpetrators and are therefore equally complicit.

The Police’s disgraceful and conscious dismissal of their principles in their oath of office brings great shame on them and all Victoria Police, serving, and who have served – something they will have to live with forever.

The only way to deal with this matter is to purge the culprits and give genuine Police, Lawyers and the community some reason to have confidence in the Legal system by removing this dark shadow.

We can only hope and encourage that the day of reckoning is sooner rather than later.

ARE WE BARKING MAD OR JUST PLAIN STUPID?

ARE WE BARKING MAD OR JUST PLAIN STUPID?

17th July 2023

Youth offending has been brought up again, this time by Chief Commissioner Shane Patton, who calls for exemptions to the impact of lifting the age of criminal responsibility from ten to thirteen.

However, this move from the Chief to fix an unrealistic situation created by the legislators will only complicate managing youth crime, making it more difficult for the police and potentially opening up opportunities for career-ending litigation should any police member break the new rules, even inadvertently.

It will not reduce criminality by this cohort but increase it, putting children and the community at further risk.

The changes rely on perceptions, not facts, and what may seem appropriate to police involved in an incident may well be rejected subsequently by a court. Who incidentally was not there when the incident occurred.

The process will become so complicated that police accoutrements (equipment carried by Police) will need to include a ‘Youth Criminal manual’ for each member to refer to.

“Stop the car chase, while I check the procedure; they may be children.”

The CAA has a long history of advocating for intervention at an earlier age to deter children from committing crimes, the proactive approach. We now accept that because of other factors outside the control of the police, the situation has deteriorated dramatically, and the impact on police resources is so severe by recidivist offenders, particularly in the youth cohort, reactive responses must be the priority until the situation stabilises.

We support and encourage the Chief Commissioner to redirect all proactive and support resources to the front line of youth crime. That includes all special interest groups within VicPol, irrespective of how important the people in these groups feel their work is, as well as suspending all training to free up training staff as well as students.

As the situation continues to deteriorate, a repose similar to a war footing must be adopted.

An influx of hundreds of extra police, their vehicles and other resources will lift dramatically the ability of Police to increase patrols.

This, however, cannot be used as a catalyst for police to absolve the function of Proactive policing permanently and must include a sunset clause.

The operation must have a monthly review of progress and, in the first instance, be for a period of six months.

The blame, however, for that deterioration must be placed squarely at the feet of the Judiciary. But as is often the case, the solution in part relies on the Police.

To succeed, the courts have to do their part, albeit they caused it.

The failure to rein in criminality amongst the youth is also not the fault of the pundit’s favourite whipping horse, their parents. Parents are effectively excluded from the Judicial process even if they are present.

The judiciary must accept the responsibility for the rising crime rate as the reins are in their hands, nobody else’s.

The judiciary is the final arbiter regarding the consequences a juvenile may face. Those consequences must be a consequence in the eyes of the juvenile, not the judiciary.

One thing is blatantly apparent; the youth do not respond well to the current raft of penalty options issued by the courts. The flaw is that the youths do not understand they are being punished; instead, they have been merely inconvenienced by going to court.

As soon as their case is finalised and they walk out of the court, in their minds, they have won, irrespective of what the Court says. They have bragging rights among their peers that they beat the charges, deterrent lost.

Irrespective of what the courts may impose other than detention, they have won.

We are not advocating detention in every case but certainly for recidivists, and the penalty must be realistic.

Young people operate in a different time zone to mature adults hence their tendency to live in the moment, so a detention penalty of a few days the first time, escalating by a few weeks for reoffending, would be the deterrent that will work without creating the hardened criminal that social engineers claim will be the outcome. Operating on youth time is the key.

The habit of governments following ideological whims to remove criticism by pretending they are addressing a problem is fraught with danger, the problem will not go away if the rules are relaxed.

This is a similar approach to the drug epidemic.

It is, however, a disgrace and a terrible indictment imposed on the youth and the victims.

What about the victims of youth actions that will no longer be criminal, but which severely damage the property or rights of these victims?  Will the Government compensate victims?

Will victims have access to Victims’ support, given the actions of this group are no longer criminal? Why should innocent victims bear the loss and burden?

Will insurers still honour policies when the damage is not a crime?

For example, a group of eleven-year-olds is actively stealing from shops.  Is the shop owner within their rights to physically detain the youths and recover his or her property, with force if necessary?  Young offenders know what they are doing is wrong.  Irrefutable evidence of this is that they flee when challenged.  If they did not know what they were doing was wrong, why would they flee?

Rather than resolving and working pragmatically to address the problem, the government has created a monster that will have unintended and dramatic adverse consequences.

The judiciary that created this problem with the support industries of the social manipulators that have evolved around the court system must be tasked with resolving it.

Rather than working pragmatically to address the problem, the government has created a monster that will have unintended and dramatic consequences.

There is no better demonstration of the many breakdowns of the Legal system than the approach to bail. We regularly hear that perpetrators commit serious offences while on Bail; the idiocy is that these same perpetrators regularly have their original bail extended, but you never hear that the Bail has been forfeited.

The net effect is that Bail does not act as a deterrent, part of its function.

Victim’s rights must be protected.  To do otherwise is to condone crime.

If we do not push back against this idiocy and the failure of the courts to accept responsibility for the loss of young lives, ‘ARE WE BARKING MAD OR JUST PLAIN STUPID?’

APATHY IS KILLING DEMOCRACY IN VICTORIA.

APATHY IS KILLING DEMOCRACY IN VICTORIA.

29th of June 2023

The apathy of citizens, in general, has always been a problem in every democracy.

There is nowhere that this is more evident than in politics in Victoria.

Governments of every political persuasion have a duty to act ethically, be accountable to the electorate and be competent.

The Community Advocacy Alliance Inc. (CAA) has no political affiliations. If the Government of the day is failing to meet the required standards, we will be highly critical regardless of the political party in power, be that Labor, Liberal, Greens or any other Party or Coalition.

This is a fundamental principle in our determination to try to give a voice to the largely unheard people of this State. Those of us who do care.

We certainly have been and will continue to be, highly critical of the current Labor Government led by Premier Daniel Andrews.

Our criticism is not about Labor’s politics but solely about their behaviour.

Examples of incompetence and misconduct abound.

At the top of the list is the 800+ deaths in the Quarantine debacle. The waste of about $1.2 million on the cancellation of the Eastlink Freeway extension. The “Red Shirts Rort”, which saw Labor pay back just under $400,000, the Lawyer X fiasco, “Slug Gate”, and Ministers rorting their travelling allowances, just to name a few.

Politicians ferrying pets or using a Govermremt vehicle for their private business; this type of behaviour is unacceptable.

Every major project undertaken by Labor has cost overruns of not millions but billions of dollars. Victoria’s debt is greater than three other Australian States. Does this seem like a competent Government? Your money, taxpayers.

The North-South Pipeline that cost billions is a classic act of budgetary vandalism and never has been and is not likely to be ever used. Not being prepared to accept the error of this project, we are paying for expensive maintenance – for what benefit? The Desal plant was built at the same time to drought-proof the State, so why a North-South Pipeline was ever a viable or necessary project is seriously questionable.

No Political party has the ticker or competence to accept reality and stop wasting money on maintenance and recycle what is recoverable from the project. If, at some future time, the Pipeline is required, the savings achieved will comfortably pay for the reestablishment. The most expensive part, the pipes, will remain serviceable.

It is strange that none of this seems to resonate with electors.

All of these matters cost taxpayers millions of dollars annually, and yet most of us do nothing.

Apathy reigns supreme.

The CAA implores every voter to get involved and demand the highest standards of behaviour from whichever political party is in power.

Unless this happens, anarchy will remain a grave danger to our democracy.

YOUR MOVE PREMIER -LAWYER X

YOUR MOVE PREMIER -LAWYER X

26th June 2023

Premier, time to pick up the phone. Two quick phone calls will resolve the impasse in determining the gult or innocense of individuals involved in the Lawyer -X affair.

A demonstration of leadership.

The calls will not compromise the independence of either party. All that needs to be done is that advice is given for both parties to cooperate in the best interest of the administration of the Law.

Both parties are eminent legal professionals, so a quiet word from you and everything can move on.

The impasse that has evolved between the Director of Prosecutions (DPP) Kerri Judd KC and former High Court judge Geoffrey Nettle, Special prosecutor (OSI) tasked with investigating whether criminal charges should be made against a number of people in the Lawyer-X affair, does not serve our Legal process well.

The issue is over the authority to prosecute, and in our view, the failure to give the Special Prosecutor power to prosecute was a significant failing.

Although we only have access to public information, we are bemused that the issue between the two legal heavyweights has tended to focus on the offence of Misconduct in Public Office. Undoubtedly, this offence could apply to many of the individuals accused.

We are somewhat mystified why the offence of Conspiracy to pervert the course of Justice has perhaps not been pursued, as it very obviously threaded through the whole artifice and would allow the Courts to properly dispense appropriate Justice depending on the roles of the perpetrators responsible for the entire artifice.

The Lawyer-X scandal has spanned many years at an eye-watering cost to the public purse without resolution, and the Special Prosecutor, a recommendation of the Royal Commission,  was a positive step to bringing the matter to a conclusion, resolved by the Courts, enabling a line to be drawn under the matter.

The community will be outraged at the expenditure without resolution of these matters by a court. Equally, the potential of the guilty walking free without accounting to a Court for what was described as egregious behaviour is unacceptable at any level.

The community is developing an increasingly jaundiced view of the lack of resolution in matters, particularly where corruption by officials of the State is inferred.

Further, without resolution, the deterrent effect, a critical function of the administration of the Law against repetition in the future, is lost, and the sanctity of Client Lawyer privilege is forever diluted and compromised.

There has been a series of Legal issues allowed to drift into the ether without a proper resolution,

  • The Red Shirts. Alleged misuse of public monies, which may have involved criminality, that may have unfairly interfered with the electoral process.
  • The Quarantine fiasco . Allegedly responsible for the deaths of over eighty Victorians during the COVID pandemic.
  • I-Cooks Foods What seems to be a conspiracy by Public Officers to shut down a private business because it competed in a market space the Government moved into.
  • Premiers Vehicle crash. Involving a cyclist, many suspicions and contradictions place serious concerns that the truth has not been told, and a cover-up of the facts was embarked upon.
  • The non-prosecution of politicians. A number of politicians clearly identified as rorting the system of parliamentary allowances, theft by deception. Officials would not hesitate to prosecute this behaviour if it happened outside of the political sphere.

The pattern is now actual, and the uncertainty created by non-resolution runs the risk of the whole Government being known for cover-ups, irrespective of whether there was one. The confidence of the community can become irreparably damaged.

Additionally, the attorney has very scant knowledge of the Legal system and is embarrassingly exposed as a lightweight on legal matters.

The trashing of legal professional privilege is a critical legal principle, and appropriate penalties must be imposed to reduce the likelihood of it ever happening again.

Ordinarily, we would be recommending that the Attorney General intervene; however, according to reports in the Herald Sun on 24th June 2023, Jacklyn Symes MP, our Chief Law Officer, Attorney General (AG), said,

“…it would be wildly inappropriate to give the OSI prosecutorial powers.”

“We have an investigative body; it’s not appropriate for an investigative body to then decide they are the prosecutor as well,” she said.”

This claim by the AG is remarkable in its naivety of the legal process and standard practices operating in our legal system.

Disgraceful from our highest Legal officer.

The AG is wrong in her assertions about prosecutions.

There is a proliferation of organisations within the government system that then have ‘wildly inappropriate powers’ as  investigators and prosecutors, including,

Police   –    Local government    –     VicRoads     –      IBAC    –    Health Department    –     Energy, Environment and Climate Change Department, and others, – also including some Government authorities.

The reality is that most prosecutions undertaken on the State’s behalf are made by agencies other than the DPP. The AG’s interpretation is breathtakingly mistaken.

The DDP’s role only becomes evident in matters that may end up in a Court higher than the Magistrates Court. The DPP Act give the DPP responsibility to act as the prosecutor in such matters.

Other than a direct presentment, rarely used, accused persons are subject to a Committal hearing, where a Magistrate rules on whether there is a Prima facie case for the accused to answer, a fail-safe part of our Legal system.

We call on the Premier to exercise leadership and either support the proposed Opposition bill on this issue or make a couple of calls to resolve this tiff between two professionals and allow the legal process to proceed.

It would be criminal of itself not to have this matter proceed and the multimillions of dollars invested in this process wasted.

REPREHENSIBLE CONDUCT WITHOUT ACCOUNTABILITY – A DISGRACE

LAWYER-X ACCUSED MUST FACE COURT

23rd of June 2023

When Law enforcement becomes law-breaking, there must be accountabilities.

The continuing saga of the Lawyer-X criminality by law enforcement appears to be one of the most serious overreaches by serving police personnel in Legal History. How can it be that nobody is going to be held accountable?

As serious as this issue is, the resolution casts a darker pall over the entire legal system and severely damages the cornerstone of its success, community confidence in the legal system.

When the Victorian Government appointed the Special Investigator, former Australian High Court Judge Justice Nettle, there was hope that what he found, would be addressed. The current Director of Public Prosecutions (DPP), Kerri Judd KC, is reported to be at an impasse with the Special Investigator with regard to the charging of key people in this matter.

Justice Nettle has impeccable credentials, being part of the full Bench of the High Court when it handed down the unanimous decision dealing with Police actions in and around Lawyer X. The Court determined there were ‘Fundamental and Appalling Breachers, of proper police behaviour’; and potential criminality by Police and others in the management of the informer Lawyer-X. After years of delays because, in part, the actions of previous Victoria Police administrations, in retrospect, were clearly designed to protect themselves, not action to facilitate a legal outcome.

It seems that some actions by Victoria Police were in the best interest of the Chief Commissioners of the day and other executive Police. It is not so clear that they served the proper application of the law.

A conflict of interest of mammoth proportions is now apparent.

Decisions by VicPol executives in legal matters seem to have been designed to protect Chief Commissioners who could be facing criminal charges, legal actions which were authorised by those very same Commissioners who may stand accused of unlawful acts. It is possible this protection went further than the Chief Commissioners and included legal entities of that time, some of whom are now sitting Judges.

Is the Government trying to save itself from embarrassment, knowing that if this matter was to go to Court, it would expose those who received promotion or appointments by the Government while their illegal involvement, if any, in the Lawyer-X fiasco was known? The CAA has noted that legal practitioners who represented the Government or its Ministers and Senior Bureaucrats have been regularly promoted to the Bench after their work for the Government.

Interestingly, the media in Western Australia have reported that,

“Nicola Gobbo was prepared to plead guilty to perverting the course of justice and testify against Victorian police officers, including a senior figure in the gang-busting Purana taskforce, over their involvement in a “joint criminal enterprise.”

– WA Today, 21st June 2023.

The offer to plead guilty would only have only one purpose, to mitigate any sentence imposed.

The big concern for some is that once she achieved a benefit for offering to testify against the Police, who else will she then offer to testify against? What other intelligence on the activities of others could be made public to further her advantage?

A leopard doesn’t change its spots; once an informer, always an informer, and Gobbo will use the information (power) she possesses for her own benefit.

Offering to testify against the Police is simply the first card she is dealing with. No doubt she has many more to play.

If the evidence is not there, a committal hearing will determine whether there is a prima facie case. And then it is up to a Judge and jury. A Magistrate may determine that there is no prima facie case and dismiss the matter rather than have it unresolved. We acknowledge that the DPP has the power she has exercised, but that does not make the application of that power right.

The CAA strongly believes that the DPP’s decisions must be questioned as they appear not to be in the public interest. The public can reasonably expect this identified egregious behaviour to be determined by a court. It does not differ from any other heinous crime, and no statute of limitations applies.

Additionally, the argument about lapsed time is disingenuous as the Courts regularly determine the guilt or innocence of accused persons who may have committed offences decades ago, as with some sexual, fraud and capital offences.

The argument over whether there is a likelihood of a conviction in this matter seems somewhat premature as the briefs are not all finished. As is normal practice in complex matters, the DPP has been included in the investigative process; however, deciding before the race is run is problematic.

Running the cost argument is also disingenuous as the multi-million price tag already spent is a complete waste if the matters do not go to Court, particularly when the cost to finalise these matters is probably quite a lot less than was spent getting to this stage.

Even so, the arguments put forward by DPP Judd are tenuous because the broader community needs and is entitled to know the innocence or guilt of the people involved. We note that some continue to hold senior positions.

This is, and should form, the central piece of decisions by Judd as it reflects wholly on the Judicial system and the Police.

Corruption often hides in the shadows. To restore a measure of confidence in the legal system, the DPP must allow light to shine on the allegations. We cannot continue to operate in the dark.

LAWYER X Failure to Prosecute – an Absolute Disgrace

LAWYER X Failure to Prosecute – an Absolute Disgrace

Once again, we see the Victorian Director of Public Prosecutions (DPP) refusing to act on clear and compelling evidence of the commission of criminal offences.

When the Special Investigator, Geoffrey Nettle AC KC  is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy, recommends prosecutions, one, could reasonably think that the evidence of the commission of criminal offences must be clear and compelling.

That the DPP could conclude that a court would not convict flies in the face of common sense.  Surely, given the qualifications of Geoffrey Nettle, a jury should decide guilt or innocence.

How can the DPP be made accountable for such an inexplicable decision?

Why should a long-suffering public not be outraged that perpetrators identified by Nettel do not face the courts?

The actions of Gobbo and, by extension, others, were found by the High Court as ‘Fundamental and appalling breaches‘, yet the DPP is unwilling to put the perpetrators before the Courts.

The Community Advocacy Alliance (CAA) calls for the immediate resignation of Kerri Judd KC.  Anything less means the State is condoning crime.

CRIME IS OUT OF CONTROL -WHY?

CRIME IS OUT OF CONTROL -WHY?

20th June 2023

The Community Advocacy Alliance CAA has been concerned for some time and repeatedly warned that failing to undertake effective preventative, proactive programs will lead to a worsening youth crime rate.

Our worst fears have been realised.

So concerned about Law enforcement’s direction, the CAA developed a Police Veterans in Schools Program with many Police coming out of retirement as volunteers to deliver the program. But this was thwarted by the then Chief Commissioner Ashton and the impact of COVID.

The current Chief Commissioner who supported a school’s program has been unable to implement it, and we wonder whether there was pushback from the Education Department or Union against the proposal. Or perhaps internal pressure by those Police with a limited mindset only capable of understanding the reactive approach as the role of Policing.

Irrespective, the State still does not have a structured, measurable program that can intervene and reduce crime before it occurs; proactive Policing.

Unfortunately, over two decades ago, the then Police Command withdrew the Force from active involvement in working face-to-face with youth and the community in crime prevention programs. This decision was not based on any empirical data but the opposite and was implemented by an executive that obviously did not understand Policing and functioned on a whim.

Although there is some activity in this space today, it is minuscule, the efficacy is flaky at best, and what does happen now is not structured or measurable.

The programs scrapped or so severely impacted as to make them impotent, were ‘Blue Light Discos’, ‘Police in Schools Involvement Program’, ‘Safety House’, ‘High Ropes’, and ‘Operation Newstart’, all of which were force-wide. While numerous other programs initiated by local Police, such as ‘Backyard Rugby’, ‘Poll Position’, ‘Walk It Like You Talk It’, and many more, actively engaged with youth.

These programs were predominantly driven by the frontline Police acknowledging the problem and providing a solution, a bottom-up approach with the front line Police having ownership of the initiative and, therefore, voluntary commitment.

The Police recognised the importance of schools in these programs and generally involved them and their community, creating a whole of community approach, to the benefit of the children.

What is forgotten is that the growth of youth gangs can only occur where there is a pool of willing youths eager to join. Engaging with the younger youth before they are misdirected, is the only sure way to mitigate the gang culture – cut the supply line.

Ironically many of these programs initiated and developed in Victoria and then scrapped continue very successfully in other States and overseas, where the value of these programs is universally accepted as an essential part of effective Policing.

Victoria Police have been forced to adopt a more reactive, risk-averse policing model.

The current Chief Commissioner, Patton, is attempting to return to a community policing model, but unfortunately, it is like trying to turn the Titanic. And like the Titanic, these attempts have failed, and the inevitable outcome is where we are today.

In well over a decade, there has been a huge turnover in police numbers, and consequently, many newer police officers know nothing but a reactive policing model, with proactive policing an anathema to most.

We are paying a heavy price with substantial Police resources heavily committed reactively to the youth issue. This is at the cost of servicing the myriad of other societal problems that befall a community. The most obvious is Domestic Violence and the Road Toll.

The result is already being felt, with a marked decline in effective crime prevention, impacting all facets of our lives. Increased incidents of Domestic Violence and a soaring Road Toll.

Fear of crime can be the worst form of oppression for any community.

Having identified failings within Policing, the real elephant in the room seems to avoid scrutiny.

Hiding in full sight is the Judiciary.

While the focus, to a degree, is unfairly levelled at the Police, it is unfair for the Police to shoulder all the blame when it is the Courts that bear the ultimate and the lion’s share of responsibility for the situation we now face.

Police arrest and charge perpetrators, but it is the Courts that determine the penalty upon conviction and must take responsibility for the outcomes of each sentence imposed.

The responsibility for charging perpetrators lies with the police, while the courts determine whether they become recidivists.

However, the legal system in Victoria seems to be a combination of different approaches that claim to be innovative but lack any accountability. The introduction of Restorative Justice in the past decade has caused significant harm to the legal system. This process has reduced the accountability of perpetrators for their crimes and, in some cases, has shifted the blame to the victim. For instance, in cases where the victim left a window open, the perpetrator climbing in and stealing property was seen as less serious, thereby reducing the criminal’s culpability. This is absurd.

In all of the nonsensical initiatives or interpretations that followed the lauded Restorative Justice initiative, the Courts lost perspective of what they were there for and any semblance that the Courts bore any responsibility for the crime rate, is successfully disguised.

Our Court system has so deteriorated that perpetrators can be bailed multiple times, have multiple court appearances, and the Courts simply find excuses to allow the perpetrators to return to the community to offend again.

The oft-hackneyed phrase, ‘incarcerating perpetrators only makes them worse’ -is arrant nonsense because the rhetorical question that must follow is, ‘worse than what?’.

Perpetrators who are recidivists are ‘worse’ back on the streets, particularly young ones who need to be protected from themselves as much as the community needs to be protected from them.

Any notion that the Courts have an obligation to the Victim or society more generally has evaporated. The Courts have been totally encapsulated in the notion that the offender needs all the considerations, and somehow being nice to them will solve the problem.

We suggest that the problem is, that most juvenile offenders who are at the lower end of the IQ Scale see anything other than incarceration as beating the offence.

In reality, most offenders scoff at the lenient sentencing as nothing more than an inconvenience, as the Governments own statistics reveal.

Reoffending by children and young people in Victoria found that in Victoria, young people aged 10 to 14 years have the highest reoffending rates of all ages in the criminal justice system, with more than 80 per cent reoffending at some time, and more than 60 per cent reoffending with an offence against the person (Aggravated Burglaries).

https://www.justice.vic.gov.au/youth-justice-strategic-plan-2020-2030-delivering-age-appropriate-responses-for-10-to-14-year-olds#

The Judiciary has clearly failed in its duty. Generally, it passes off the responsibility for this shocking State of affairs to the ‘Juvenile Justice system or Police, but it is the Judicial officers who are the ones who determine the outcomes, not some bureaucrat working in the Department or a police member trying to attend more calls than the available time their shift allows.

All the browbeating is worth naught until the Judiciary starts regularly incarcerating offenders rather than issuing continued warnings, introducing consequences, a novel approach to reducing crime.

It’s important to understand that detaining juvenile offenders for a brief period can actually be beneficial in breaking their behavioural patterns. This point is often overlooked by those who are against incarcerating minors.

A child lives in the moment, and time relative to them differs greatly from that of an adult.

Many within the Judiciary avoid the hard decisions, and until we insist on accountability and the compilation of useful statistics where the performance of a Judicial Officer can be measured, nothing is likely to change.

What value is a Judicial officer’s service to society when their decisions translate into a very high recidivism rate amongst perpetrators who are convicted in their Court?

We need to shift the focus of the Courts to their proper role of reducing crime.

Without the Courts doing their job, the Police cannot do theirs, and we all suffer as Police are committed to the recidivist gangs rather than other important issues.

And the future? Courts will continue to allow perpetrators to avoid responsibility for their crimes, and Police will be faced with ever-increasing demands for increased police numbers to deal with exponential demand for the reactive function, at a huge cost to the State that you and I pay for.

We desperately need a brave Government intervention and a circuit breaker to the spiralling downward trend of Law and order in Victoria.

Without intervention in the Courts current philosophical disposition, criminals will ultimately face far less punitive outcomes for their activity and coupled with the moves to decriminalise the Drug issue and raise the age of criminal responsibility, you can see where it is headed – and it is not good.

REDUCING THE ROAD TOLL – WORKING WITH THE COMMUNITY

REDUCING THE ROAD TOLL – WORKING WITH THE COMMUNITY

18 th June 2023

The Community Advocacy Alliance (CAA) is a group of retired police officers and concerned citizens who are committed to making Victoria a safer place.

Recently, CAA obtained statistics from Victoria Police regarding calls made to 000 reporting erratic driving or suspected DUIs. Dr. Ray Shuey, a former Victoria Police Assistant Commissioner for Traffic and a member of CAA, submitted the application for the data, which cost $440.00 and covers the years 2020 to 2022.

The data shows that in 2022, concerned community members made over 51,000 calls 000 about problematic road users. However, in 88.61% of these cases, the only response was a “Keep A Look Out” (KALOF) broadcast, with no further investigation being undertaken. Only 7.18% of cases were recorded as “enquiries pending,” but there was no follow-up on the outcomes of these enquiries. Only about 1,000 calls resulted in any real action, such as an offence detected, an offender apprehended, or a stolen car located, resulting in a success rate of approximately 2.21%.

Clearly, the community wants to make our roads safer, but the Victoria Police response is woefully inadequate. This issue was first raised within Victoria Police in December 2011 and again in June 2013 but little has changed in the intervening decade.

At the time of the 2011 report examples were cited where the only response would have been to Keep A Look Out For, but for further intervention. No doubt every reader would be able to recount their own similar experiences:

  • 2 x vehicles seen “dragging” along Ferntree Gully Road Glen Waverley, registration number of both vehicles provided. No vehicle available to attend, disposition recorded as AAC (All Apparently Correct). Analysis of LEAP data indicated that the probable driver of one vehicle currently had 19 demerit points and had recent criminal convictions for serious offences. His Dossier stated, “The subject person is into high performance drag cars. Currently doing up a LH Torana for street drags.” Contacted caller who stated she was a nurse at the xxxx Hospital and constantly saw people in emergency who had been involved in vehicle collisions. Stated she got her friend, who was a passenger in the car at the time, to ring 000 as she feared for the safety of other road users. Both prepared to make statements and attend court if required.
  • Vehicle observed driving dangerously on the Monash Freeway towards the city, correct registration number provided. 251 directed KALOF. Contacted 251 and requested that a unit be directed to investigate. 251 replied in email a short time later that the registered owner and the reporting person had both been contacted. The registered owner stated that the vehicle was being driven by her granddaughter. A further check revealed the granddaughter has numerous prior convictions associated with drug use. The reporting person provided additional details of the extent of the dangerous driving and stated she was prepared to make a statement.
  • Vehicle seen at 1100hrs in Chapel Street, Prahran, several callers reported the vehicle had driven through 2 red lights and overtaken a tram on the incorrect side of the road. Correct registration number provided. Units directed by 251 to locate vehicle, unable to locate, no further action taken. Checked LEAP, noted on registration pre-enquirer that at 1330hrs on the same day a member from Melbourne Highway Patrol had checked the vehicle. Contacted member who stated that the vehicle had been involved in a serious collision and the driver was taken to hospital. Stated witnesses had seen the vehicle travelling along St Kilda Road and overtake a tram and then collide with a tram stop. Driver possibly drug impaired or psychiatric issues. He had not been aware of the earlier incidents as they were on a different radio channel.

Another tragic example was cited in the 2013 report which had played out with tragic consequences with the death of a 70-year-old female driver. A drug affected driver was convicted of culpable driving. In a 10 day period before the fatal collision a number of calls were made to 000 reporting the driver. In sentencing the Judge made comment that despite numerous calls to police no immediate action was taken. Any of the incidents reported to police could have amounted to Reckless Conduct Endangering Life or Serious Injury, in which case it would have been open to Victoria Police members to arrest and bail the offender with conditions, thus providing an immediate response within existing legislative processes.

As pointed out in the 2011 and 2013 reports clearly the consequences of failing to adequately address this issue are serious, including preventable serious road trauma caused by these drivers, further serious driving offences being committed, disqualified or unlicensed drivers remaining undetected, and damage to the reputation of Victoria Police. Additionally, failing to address this issue means missed opportunities to reduce the road toll, raise perceptions of safety, identify and target recidivist offenders, target individuals who pose a heightened risk to community safety and increase confidence in policing.

An effective solution would be to properly investigate these calls, which are often supported by mobile phone or dashcam footage and/or other witnesses. If a caller did not want to provide a statement due to a relatively remote possibility of having to give evidence in court, a letter could be sent to the registered owner advising that their vehicle had been observed being driven dangerously, and on this occasion, no further action would be taken, but the incident had been noted. This would alert the registered owner that others had seen what had occurred and prompt them to reflect on their driver behaviour or who they authorized to drive their car. There would be a provision for a registered owner to query the event, but the identity of the person providing the information would be protected.

CAA has recently had discussions with Victoria Police about how to progress an effective solution to this unacceptable situation. It will likely require additional resources, but it is worth it for a safer Victoria.

It is up to the Police command to manage and prioritize existing resources, work with communities, share data, and make a transparent, cogent case for additional resources. This follows the an evidence-based policing approach in keeping with a Prevention and Community Empowered (PACE) policing model. The public wants to make our roads safer, and it’s time for Victoria Police to take a more effective approach to investigating calls to 000 regarding erratic driving.

DRUG BUSES ON THE WAY TO YOUR COMMUNITY

DRUG BUSES ON THE WAY TO YOUR COMMUNITY

6th June 2023

There has been talk of introducing Drug Buses in Victoria, which is an interesting concept with potential benefits.

With the introduction of buses for addicts to shoot up in ‘safety’ currently under consideration, the North Richmond facility can be closed, relieving the residents of North Richmond of the tedium and fear of dealing with the facility in their midst and the effect of normalising drug activity with Primary School age children in the adjacent school.

But before this concept gets too much traction, and Victoria rockets down the road to decriminalisation, the Canadian approach to the Drug issue must be examined because there are direct comparisons between the Canadian States which give a true insight, with some opting for the path to decriminalisation and some opting for a solution rather than a band-aid.

The stark failure of the decriminalisation approach, a direction Victoria is heading, has been laid bare in a YouTube video (see below link) that is essential viewing.

The unintended consequence of decimalisation has seen a crime rate rise of 400% in one area, and the situation where nothing can be done if an addict decides to smoke crack in a restaurant; it is legal. But patrons who smoke cigarettes in a restaurant can be fined because it is illegal.

Another interesting development in Canada has been the marketing initiatives adopted by Drug dealers. This mobile drug store was recently seen on Canadian streets in a  decriminalised State.

With the drug buses and a mobile Drug store that will be an interesting quinella in the decriminalisation path,

Drug-injecting buses may end up in your local MacDonalds car park parked next to a Mobile Drug Store.

There are concerns that the same people who chose to locate the Richmond facility in a residential area near a Primary School may also make poor decisions about where to park these buses.

The argument for Drug Buses is to save lives, but most people believe treating drug addiction is a better way to help addicts.

While it’s possible to save a drug addict today, in an injecting facility, they may still die tomorrow. Their health risk has not been mitigated.

Therefore, the focus should be on getting addicts into treatment and off drugs to prevent overdoses in the future.

We know that Drug addicts do not respond to advice while under the influence of drugs, so the only option is to create a circumstance where they may be secured with a Health Order for treatment as proposed by the CAA in 2018.

The legislation already exists – The Victorian Severe Substance Dependence Treatment Act 2010 and could be implemented almost immediately with minor amendments.

The drug approach in a number of Canadian States seriously addresses the Drug issue to save lives by addressing addiction which is both the drugs and the drug lifestyle and any other health issues contributing to their addiction.

A Canadian-produced YouTube is, without doubt, the best insight into the drug issue yet and must be compulsory viewing by all politicians and decision-makers.

Those involved in any aspect of the Drug issue and think they know it all should view this on YouTube.

https://youtu.be/_RaWzJUeT0o

For the CAA proposal, see

http://caainc.org.au/drug-quarantine-a-new-paradigm-2/