by CAA | Mar 2, 2025 | Library, Uncategorized
“The Victorian Gambling and Casino Control Commission will move from its Richmond office as fears grow for staff after a rise in anti-Semitic messages, and assaults and verbal abuse from users of the nearby injecting room.” Anthony Templeton Herald Sun Feb 27, 2025.
‘Oh diddums, how terrible what the poor employees of VGCCC must put up with during their working day, but hang on, their working days are predominately at home, aren’t they?
Unlike the residents of Richmond, they only need to expose themselves to the reality of drugs spasmodically. The rest of the Richmond residents deal with this issue 24/7 without respite.
Located right next door, within 15 meters of the Richmond North Primary School, things are so bad locals have advised the CAA that children at this Primary School are exposed to addicts engaged in sex acts from their classroom window at the back of the MSIR and Prostitutes are a common site plying their wares in the vicinity of the MSIR.
Moreover, the children are exposed to experiences no child should endure because the Medically Supervised Injecting Room MSIR, or more correctly, the Safe Drug Injecting Room, ‘safe’, meaning beyond the Law, not the illicit product drug users inject, so close to the school the children cannot avoid interaction with drug users.
The absolute hypocrisy of Government is laid bare, with the residents and traders of Richmond left holding the bag and suffering the impact of the Richmond Injecting room without respite. At the same time, the Government packs up the bags of the VGCCC to relocate it to a more salubrious area away from the disgusting behaviours and lawlessness of Richmond.
Moving the VGCCC because of the Injecting room nearby, some 500 meters or ½ mile away, and the environment in the vicinity of the MSIR, which is overrun with addicts and anti-social behaviour, threatening the safety of VGCCC staff, is an outright admission that the Government has failed the community.
500 meters from the VGCCC compared to 15 meters for a Primary school and 20 meters from residents’ homes. It would be much more practical to repurpose or move the injecting room. It would also be substantially cheaper than moving a Government Department.
The move will be costly and disrupt the operations of the Department. With the State under financial pressure, it would be a whole lot smarter to save an expensive move and use those funds to repurpose the injecting room into an outreach drug treatment facility or a drug triage centre to manage addicts.
The government has already spent $14m on upgrading security, which is not good enough for the VGCCC. They would instead be relocated to the CBD.
VGCCC chief executive Annette Kimmitt, as reported in the HS, said,
“Feedback from staff (including our most recent People Matter survey) reflects growing fear for personal safety while at work and when travelling to and from the office,” she said in the letter.
“We continue to witness and experience other anti-social and criminal activity, including drug and alcohol-related violence, drug dealing and other intimidating behaviour.
“Colleagues have witnessed the brazen exchange of cash for drugs, people injecting drugs near the building and subsequently large numbers of dangerously discarded syringes.”
Ms Kimmitt said increasing anti-Semitic material – such as graffiti, posters and stickers – was also creating an unsafe environment.”
To ‘add insult to injury’, Ms Kimmitt was also reported as saying.
..“Our relocation will impact the many hardworking small businesses, particularly the food outlets that rely on our foot traffic,” she said.
To rub salt into the wound the condescending sympathy expressed by Kimmitt is well ‘beyond the pale’.
In a State ‘crying poor’, to spend the money on relocating an entire Government Department simply because the vicinity of their offices is not to their liking is an absolute disgrace.
We guestimate that this move will cost the taxpayers $100’s of Millions of dollars by the time the new digs have a bespoke fit-out, all the VGCCC technology hardware is relocated or replaced, and all the other costs incurred, including the properties to be vacated or occupied.
We note that Ms. Kimmitt was not forthcoming about a budget for the exercise.
Yarra Mayor Stephen Jolly also weighed into the debate, claiming a dedicated plan to revitalise the area was needed, with more police, financial support for existing businesses and a plan to attract new traders.
“What we are seeing is a ghetto in the making, and we have to stop it; a Disneyland for drug users has been created,” he said.
Unfortunately, the good Mayor is promoting the relocation of the MSIR; however, relocating, an easy option, will not contribute to the lowering of the number of users who die and the disquiet that the community suffers. It will be suffered elsewhere with another community.
There is no good place to have an MSIR. However, there are plenty of places for a Drug user’s resource where the primary function is to ensure their addiction is addressed, not just facilitate their continued addiction, the function of the MSIR.
It is inevitable that wherever it is relocated, the problems will only follow.
Closing this MSIR and re-allocating the MSIR operating costs to bespoke drug management centres should be the strategy to clean up Richmond. A zero-tolerance approach by saturation Policing will encourage users to vacate the area and, without the magnate of an MSIR elsewhere, will move back to their normal local. Dispersing the addicts will damage the Dealers who are the major and only beneficiary of attracting users to one location.
Although there is a myth that surrounds the MSIR that it reduces deaths from overdoses, the Coroners Annual Reports paints a different picture.
The latest Coroners figures reveal that in Victoria, there were 601 deaths in 2024, the highest recorded spike in deaths since the 550 recorded in 2022, two years after the MSIR was opened.
So, the MSIR has had no appreciable impact on reducing deaths – it is a failed strategy.
To rely on MSIR figures is problematic as it uses figures for the Local Government Area, which is disingenuous because the majority of the drug users frequenting the MSIR and its surrounds are not locals but from other areas. Many of the people overdosing at the MSIR or vicinity are transported to hospital, where they are declared dead. Therefore, the place of death is registered outside the Yarra LGA, fudging the figures.
Victoria spends Millions of dollars annually to reduce road deaths with some success. However, the educational approach cannot succeed without parallel initiatives to ensure that our road infrastructure and vehicles are safe and road laws are enforced.
During 2023 in this State, the road toll was 282, and with 601 Drug overdose deaths in the same period, over twice as many lives were lost to drugs. Yet expenditure on addressing the drug problem is so minimal as to be close to non-existent.
Governments are ignoring the drug problem, hoping it will go away, influenced by those who promote illicit drug use as a recreational activity and any intervention as a breach of the freedom of choice. That same twisted logic would remove all speed restrictions and leave vehicle speeds to the driver’s freedom of choice.
The most disturbing part of the death comparisons is the value our governments put on a life.
A drug user’s life is worthless compared to a road user.
It is well past time that the government takes some responsibility for the drug epidemic and invokes strategies that have an impact, not just indulge in occasional talkfests.
The current cost of the drug epidemic, and history shows it will continue to spiral downward, should be motivation enough to take serious action, but not, as governments continue to be swayed by the failed Harm Minimization strategies without the supporting fragments of the Three Pillars strategies.
It is past time that involuntary treatment was introduced as a cornerstone of the approach to drug use, and while the opponents to such a move scream, ‘What about the person’s rights?’.
Their right to life should transcend their other rights; they can have them back when they are well.
by CAA | Feb 26, 2025 | Library, Uncategorized
The US has had a drug czar for decades. Experts share how this position has shaped US drug policy—and what it could mean for Canada
CAA Comment-
While the concept of a Drug czar has some merit, we are loath to promote and create another arm of government unless there are compelling justifications. The cost of establishing an effective Czar concept would outweigh the benefits, and the money would be better spent on new initiatives on the demand side of the drug trade.
The risk of the czar concept is that it can be too easily manipulated for political gain rather than effectively addressing the problem. We have already seen in Australia how the pro-drug lobby and sympathisers have hijacked and promoted Harm Minimisation that has not contributed to a reduction in drug use. There is, however, an argument that Harm minimisation has had the opposite effect by providing quasi-support for drug use and providing users with justification for their behaviour.
The CAA strongly believes in a two-pronged strategy: the users, or the demand side, are subjected to strict law enforcement backed up by non-voluntary intervention to address the users’ health issues.
While not turning a blind eye to the supply side, the most effective method to damage the supply trade is to reduce the demand, and in Austria, the Demand side is driving the unfettered expansion of the drug trade.
The present settings ensure the end users are treated like expendable fodder, feeding the drug lords’ insatiable appetite for wealth and power.
Every step to reduce demand adversely impacts the drug trade, driving down drug prices.
The drug scourge can only be managed by the principle of market forces.
The current strategies have not worked and never will. The sooner they are dumped the better for the community and drug users alike.
Last week, Canada announced it would appoint a “fentanyl czar” to crack down on organised crime and border security.
The move is part of a suite of security measures designed to address US President Donald Trump’s concerns about fentanyl trafficking and forestall the imposition of 25 per cent tariffs on Canadian goods.
David Hammond, a health sciences professor and research chair at the University of Waterloo, says, “There is no question that Canada would benefit from greater leadership and coordination in substance use policy.”
But whether Canada’s fentanyl czar “meets these needs will depend entirely on the scope of their mandate,” he told Canadian Affairs in an email.
Canadian authorities have so far provided few details about the fentanyl czar’s powers and mandate.
A Feb. 4 government news release says the czar will focus on intelligence sharing and collaborating with US counterparts. Canada’s Public Safety Minister, David McGuinty, said in a Feb. 4 CNN interview that the position “will transcend any one part of the government … [It] will pull together a full Canadian national response — between our provinces, our police of local jurisdiction, and work with our American authorities.”
Canada’s approach to the position may take cues from the US, which has long had its own drug czar. Canadian Affairs spoke to several US historians of drug policy to better understand the nature and focus of this role in the US.
The first drug czar
The term “czar” refers to high-level officials who oversee specific policy areas and have broad authority across agencies.
Today, the US drug czar’s official title is director of the Office of National Drug Control Policy. The director is appointed by the president and responsible for advising the president and coordinating a national drug strategy.
Taleed El-Sabawi, a legal scholar and public health policy expert at Wayne State University in Detroit, Mich., said the Office of National Drug Control Policy has two branches: a law enforcement branch focused on drug supply, and a public health branch focused on demand for drugs.
“Traditionally, the supply side has been the focus and the demand side has taken a side seat,” El-Sabawi said.
David Herzberg, a historian at University at Buffalo in Buffalo, N.Y., made a similar observation.
“US drug policy has historically been dominated by moral crusading — eliminating immoral use of drugs, and policing [or] punishing the immoral people (poor, minority, and foreign/traffickers) responsible for it,” Herzberg told Canadian Affairs in an email.
Harry Anslinger, who was appointed in 1930 as the first commissioner of the Federal Bureau of Narcotics, is considered the earliest iteration of the US drug czar. The bureau later merged into the Drug Enforcement Administration, the lead federal agency responsible for enforcing US drug laws.
Anslinger prioritized enforcement, and his impact was complex.
“He was part of a movement to characterize addicts as depraved and inferior individuals and he supported punitive responses not just to drug dealing but also to drug use,” said Caroline Acker, professor emerita of history at Carnegie Mellon University in Pittsburgh, Pa.
But Anslinger also cracked down on the pharmaceutical industry. He restricted opioid production, effectively making it a low-profit, tightly controlled industry, and countered pharmaceutical public relations campaigns with his own.
“The Federal Bureau of Narcotics [at the time could] in fact be seen as the most robust national consumer protection agency, with powers to regulate and constrain major corporations that the [Food and Drug Administration] could only dream of,” said Herzberg.
The punitive approach to drugs put in place by Anslinger was the dominant model until the Nixon administration. In 1971, President Richard Nixon created an office dedicated to drug abuse prevention and appointed Jerome Jaffe as drug czar.
Jaffe established a network of methadone treatment facilities across the US. Nixon initially combined public health and law enforcement to combat rising heroin use among Vietnam War soldiers, calling addiction the nation’s top health issue.
However, Nixon later reverted back to an enforcement approach when he used drug policy to target Black communities and anti-war activists.
“We knew we couldn’t make it illegal to be either against the war or Black, but by getting the public to associate the hippies with marijuana and Blacks with heroin, and then criminalising both heavily, we could disrupt those communities,” Nixon’s top domestic policy aide, John Ehrlichman, said in a 1994 interview.
Michael Botticelli, Acting Director of the Office of National Drug Control Policy March 7, 2014 – Jan. 20, 2017 under President Barack Obama. [Photo Credit: Executive Office of the President of the United States]
Back and forth
More recently, in 2009, President Barack Obama appointed Michael Botticelli as drug czar. Botticelli was the first person in active recovery to hold the role.
The Obama administration recognised addiction as a chronic brain disease, a view already accepted in scientific circles but newly integrated into national drug policy. It reduced drug possession sentences and emphasised prevention and treatment.
Trump, who succeeded Obama in 2016, prioritised law enforcement while rolling back harm reduction. In 2018, his administration called for the death penalty for drug traffickers, and in 2019, he sued to block a supervised consumption site in Philadelphia, Pa.
Trump appointed James Carroll as drug czar in 2017. But in 2018 Trump proposed slashing the office’s budget by more than 90 per cent and transferring authority for key drug programs to other agencies. Lawmakers blocked the plan, however, and the Office of National Drug Control Policy remained intact.
In 2022, President Joe Biden appointed Dr. Rahul Gupta, the first medical doctor to serve as drug czar. Herzberg says Gupta also prioritised treatment, by, for example, expanding access to naloxone and addiction medications. But he also cracked down on drug trafficking.
In December 2024, Gupta outlined America’s international efforts to combat fentanyl trafficking, naming China, Mexico, Colombia and India as key players — but not Canada.
Gupta’s last day was Jan. 19. Trump has yet to appoint someone to the role.
Canada’s fentanyl czar
El-Sabawi says she views Canada’s appointment of a drug czar as a signal that the government will be focused on supply-side law enforcement initiatives.
Hammond, the University of Waterloo professor, says he hopes efforts to address Canada’s drug problems focus on both the supply and demand sides of the equation.
“Supply-side measures are an important component of substance use policy, but limited in their effectiveness when they are not accompanied by demand-side policies,” he said.
The Canada Border Services Agency and Health Canada redirected Canadian Affairs’ inquiries about the new fentanyl czar role to Public Safety Canada. Public Safety Canada did not respond to multiple requests for comment before publication.
El-Sabawi suggests the entire drug czar role needs rethinking.
“I think the role needs to be re-envisioned as one that is more of a coordinator [across] the administrative branch on addiction and overdose issues … as opposed to what it is now, which is really a mouthpiece — symbolic,” she said.
“Most drug czars don’t get much done.”
by CAA | Jan 2, 2025 | Library, Uncategorized, Victoria Police Issues
The loss of Police shifts may be a major issue for Victoria Police, but it is devastating for the public.
The Austrian Newspaper reports on the 31st of December 2024 on the Victoria Police Annual Report, which indicates that the loss of operational Police shifts has grown to 200,000 from 2024, a 12% spike.
As scary as this headline number is, the reality is that global statistics of this nature enable the actual causes to be hidden.
The impact of attending Traumatic events is well-overplayed; police for generations have all been faced with traumatic experiences, none more horrendous today than Police have faced in the past.
We defy anybody to find a serving or former police member who does not experience flashbacks to a trauma they have been exposed to. These events are with the Police for a lifetime, so managing them is the key.
Police are ordinary people doing an extraordinary job, and the risk that their experiences can overwhelm them is acute; however, how these ordinary people deal with exceptional circumstances sets them apart.
Searching for a solution has spawned an exponential growth of support services across the organisation, but the problem continues to escalate.
As a strategy that is a failure.
Ploughing in more resources will inevitably lead to growth in shifts lost, not a reduction—the self-fulfilling philosophy syndrome.
The spawning of an industry designed to assist Police victims of alleged work-related trauma has grown so large that it now self-generates its own demand and need, bordering on touting for business as the inevitable competition for services increases.
This clearly shows a need to look more closely at causes that may be considered a no-go zone for Police Command.
There are obvious causes, and solutions are embedded in each.
The role of the Police Association in promoting Trauma and PTSI as a major part of the convoluted industrial action is not helping the Police members they allegedly represent.
It does, however, elevate the severity of the problem to near a contagion level- reminding older Police of the contagion at one stage of Repetitive Strain Injury (RSI); everybody seemed to catch it.
The Police Association needs to urgently settle several ambit claims so that the workforce can return to some normality and the more contentious claims can be resolved later after the Force recovers to some degree.
One of the most effective methods to ensure the phenomenon continues at pace is the reinforcement among members of the dire state of their trauma exposure.
Continual exposure to the impact on mental health of trauma, in many cases, will promote the severity of a symptom looking for a name. Every foible experienced by Police is neatly packaged as PTSI, Trauma-related. Managers can then bundle up the issues affecting the Police member, tie it off in an apocryphal sack and stick it in a corner. No longer their problem.
The role of Police managers in this process cannot be highlighted enough. It is how the management handles staff that has a direct correlation to outcomes. Critically, this must be accurately measured.
There is broad anecdotal evidence that the trauma a member experiences is not of itself the cause for members not coping but rather the performance or lack thereof by managers throughout their chain of command that is the real cause.
This could quickly be resolved by setting benchmarks or key performance indicators on all ranks above Senior Sergeant, where the incidents of Trauma-related impacts on their staff are measured.
The span of control of everybody above that rank will quickly identify which managers are failing in this area to allow for targeted remedial action by the manager or their environment.
A lack of accountability has infected the Force, and this might be the first step in returning to an environment where staff may develop confidence in their managers by them being held to account.
The Force is not the only organisation with issues with management structure stifling the operations of the organisation.
It has been reported that the Australian Defence Force (ADF) has problems similar to those of VicPol, particularly in staff retention.
The allegations indicated that the ADF management structure is bloated and that decision-making is drawn up from the frontline operatives. Ironically, it is the level of decision-making in the ADF that much of its proud history was built on. Empowering soldiers to make their own decisions.
The similarities with VicPol are significant as recent governments have eroded the independence of the role of Constable of Police, removing discretion and applying legislation that tries, unsuccessfully, to regulate the human function of Police in an environment that is actually unable to be regulated.
As with the ADF, destroying the soldier’s and police’s ability to make decisions and achieve job satisfaction directly adversely affects the organisation’s performance.
This relates directly to the recruitment advertising strategies of both organisations. The high-grade, high-gloss recruiting advertising sets a scene to encourage recruits; however, if the reality conflicts with the advertised image, therein lies the retention issue where recruits quickly become dissatisfied that the advertised careers are not what happens in reality.
Management accountability at all levels is the key to a solution. The issue is not how many senior managers are in the organisation but what is it they do. Solve that, and the overall organisation will again prosper.
To manage PTSI, coping methods of informal and formal design must be promoted, and seeking professional help must be downgraded to service only in extreme cases. It’s not the first stop.
A simple management technique is the metaphorical Filing cabinet approach.
A well-constructed four-draw filing cabinet has one unique feature- only one drawer can be opened at a time.
The metaphoric cabinet can store life/police experiences in an order that suits the individual.
The bottom draw is where the worst traumas are stored and are generally of a historical nature; the next draw-up has mid-term trauma, with the current issue needing attention in draw number one, moving them to draw number two due to the passage of time or significance.
That means only one trauma can be dealt with at a time, as you cannot open two draws at once, and you cannot inadvertently open the number four Trauma draw.
The key is that the member is left in control, although triggers may still exist.
Police are ordinary people who do extraordinary things; therefore, the risk of psychological damage is higher. However, focusing on management skills and promoting coping mechanisms rather than rushing to fashionable diagnoses would reduce the number of lost shifts and improve the welfare of all members.
Identifying the managers who lack personnel management skills in this area will become very obvious once the concept that they are accountable sinks in.
Measured by their pushback and inane rationalisations, they should immediately be encouraged to review their career aspirations. They are not fit to command.
by CAA | Dec 11, 2024 | Illicit Drugs, Library, Uncategorized
The amendments proposed by the Drugs, Poisons and Controlled Substances Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 is a recipe for disaster disguised as promoting Human Rights.
Australia is a signatory to the United Nations Article 61 Single Convention of Narcotic Drugs and has an obligation to comply with that treaty. Human Rights are not an excuse for allowing any conduct that unreasonably harms anyone. That is why acts of violence and many other behaviours are prohibited by law. No society can exist in a state of anarchy.
The scientific evidence that cannabis use is harmful to people is irrefutable. A recent conversation with a person who has lived among habitual users of cannabis brought the following response, “They lose their social skills, become apathetic, their judgement is impaired, they find it difficult to concentrate and complete even simple tasks, they often are depressed, their memory is affected, and they are uninterested in anything but their next “fix”.
This lived experience is a graphic warning about the detrimental effects of cannabis use.
Authorising any household to grow up to six cannabis plants for personal use by people over eighteen years of age and expecting no adverse outcome for younger people is naivety bordering on lunacy. Where households have children under eighteen, it is certain that too many will be tempted to try what they see adults freely using. Escalation of young people using cannabis is a certainty. To deny this is stupidity.
Time, effort and money would be better spent on education programs, particularly for young people, to inform of the dangers of using cannabis and other illicit drugs.
Educating from an early age is a prerequisite to a lasting diminution in the use of illicit drugs that have become such a scourge on society. Public campaigns against drink driving and smoking tobacco have had real success.
The free use of cannabis will be reflected in the Road Toll and the proponents of this Bill will have blood on their hands.
This Bill must fail.
by CAA | Nov 27, 2024 | Library, PTSD, Uncategorized
The Community Advocacy Alliance (CAA) has worked for many years in the area of Police PTSI.
In 2017, the CAA published a paper entitled ‘The Hub’, and although there was minimal interest at the time, we were pleased that this concept was embraced by others who are working to develop the idea more broadly for Police suffering as a result of their service to the community.
Although we have never lost focus on this critical issue, we have been working to develop other initiatives, and in this process, one of the most important contributions and one sadly overlooked has moved to reality: Research.
Our PTSI Team, headed by CAA Director retired Inspector John Thexton, supported by other CAA members, Psychologist Helen Johns and Chiropractor Dr Paul Kelly, have been liaising with Counselling Psychologist Olivia Keene, who is completing a PhD. Her research project is titled:
Olivia has been in contact with Victoria Police to have serving members participate and successfully went through the ethics process.
It is now critical to encourage as many current and former members as possible to undertake the programme.
The CAA and former police members Cleve Salmon and Dave Evans, who facilitate ‘The Journey Forward’, will now take the lead in promoting the opportunity for serving participants to ensure the quality of the research.
If you are interested and would like to access more information on this project, please complete the attached form, and contact will be made.
Alternatively, contact Olivia Keene, Counselling Psychologist and PhD Candidate at RMIT University, via email for further information and to participate:
by CAA | Nov 24, 2024 | Blue Light, Current, Drunk, Library, Police in Schools, Police Veterans in Schools, Privacy, PTSD, Road Safety, Tobacco, Uncategorized, Vietnam Vets
The reports in the Herald Sun 24th November ‘24 about the escalation of violent crime by juveniles, some as young as ten, is a rude awakening for a Government that is by and large responsible.
We can expect platitudes and lame excuses, but action is improbable, and anything the Government does will skirt around the reality that they have made some major ‘faux pas in managing the youth issues.
First and foremost, the Bail Laws are a significant contributor.
The definition of insanity can be easily applied to the Victorian Government’s posture on youth crime matters.
‘Doing the same thing tomorrow and expecting a different result.’
How many of the brainiacs within the Government could have concluded that arresting a child for a crime and putting them immediately back into the same environment that caused them to offend in the first place was a brilliant idea? This is beyond reasonable comprehension.
Those responsible must be removed from their roles.
It is akin to saving a drowning child, only to throw them back in the water.
It looks eerily like the Government is focused on deliberately guiding our society towards a lawless state; we can only assume some misguided ideological plan to destroy the community fabric for an obscure reason has overtaken them, guiding them towards a catastrophe of violent crime we have never before been subject to.
The second and equal act of insanity was raising the age of criminal intent from ten to twelve years, so all the upcoming young thugs are taught crime has no consequences and they can be just like their older peers enjoying the criminal lifestyle.
This crime apprenticeship scheme must be reversed.
The major flaw in this initiative was that no thought was applied to what was to be done with the younger juveniles, as their path to criminality is well laid before they come into contact with the courts.
To make a start, the Government must undertake a ‘mea culpa’; although that concept would be foreign to them, they might wrest back some respect from the community.
There is no shame in admitting a mistake if it was done with the best intentions.
However, there is not only shame but damnation to know an error has been made and ignore it, particularly when the damage is wreaked not only on the community but also on the children the laws were supposed to protect.
There is a third flaw that contributes significantly to the crime tsunami of juveniles, perhaps more important than the others, and that is the performance, or lack thereof, of those in the Government employ (the Government’s own people) who are charged with delivering youth services.
We have seen multiple reports of this systemic failure of this Government’s function, with children who are put into care receiving nothing of the sort.
Poorly supervised and allowed to come and go as they please, no doubt to be told they are naughty, but get to keep their phones and their freedom, albeit their behaviour is outrageously dangerous to the community and themselves.
And finally, the role of the courts must not be overlooked. This lack of holding criminals to account, a concept apparently not applicable to children, can be sheeted home to the judiciary, who, by any measure, have failed in their role, particularly in relation to children.
It is the role of the courts to administer the law, not be social engineers—a social experiment by the courts that has been a miserable failure.
Placing a child in detention to protect the community and the child is in an environment the courts are not comfortable with; is not their prerogative. The Government is responsible for providing sufficient secure services for juveniles to support the Courts.
It would help if some accountability was applied to jurists.
This would not challenge the independence of the courts but may make the jurists more focused on their role and its effectiveness.
Rather than closing jails, which will incur huge ongoing costs to the State, why not convert them into juvenile facilities? After all, it is just a building; what happens inside makes it a jail or a juvenile facility.
All the contracts to operate jails slated for closure are in place and will cost a bomb to extricate from, so it makes real sense to modify rather than close them and the savings for the state will be substantial in real terms, both social and fiscal.
It won’t be long before our litigious community starts acting against the Government for the Government’s failure, resulting in the deaths and trauma inflicted by juveniles on their loved ones.
That could be a good thing, forcing the government to act.
Unfortunately, the only consequence will be a more significant financial burden on the community settling claims against the Government and the other social and financial imposts the juvenile problem imposes on all of us while the Government continues to ‘wash its hands’ of the problem, doing their ‘Pontius Pilate’ impersonation.
by CAA | Aug 20, 2024 | Library, Uncategorized
Our State is dying on its feet. We have record debt levels, our Health System is in tatters, Education standards are rapidly declining, Victoria Police are understaffed, our roads are so potholed they are unsafe to drive on and crime, particularly juvenile crime, is totally out of control.
Why?
How can this Happen?
The answer is simple. Knock on (almost) any door. The vast majority of electors don’t really care enough to express their disgust. Apathy reigns.
There is the old joke of a person wanting to start an anti-apathy committee but couldn’t get anyone interested.
For the past nine and a half years, the Community Advocacy Alliance Inc. (CAA) website (caainc.org.au) has contained dozens of articles that we have published repeatedly, drawing attention to some of these problems.
We have gained a degree of traction with the general media as a community voice of reason. While this is appreciated, the CAA operates on a shoestring budget, and we have no paid staff. Our members are actually levied to provide operational funds.
Time to give apathy the boot. Time for our readers to get involved.
Join our organization or consider a donation.
We need YOUR support.
With that we could do so much more to encourage the government to lift their game.
Visit https://caainc.org.au/donate/
by CAA | Aug 12, 2024 | Library, Uncategorized
Pic. courtesy Herald Sun
Victorians have every right to express concern about the current crime trends as community safety is rapidly veering towards the biggest problem facing this State, and the community mouthpiece, the media, is generally silent.
Rampant crime adversely impacts so much of our lives, not only at a personal level but in a macro sense, affecting the ability to deliver Health Services, creating budget pressure, curtailing positive Education outcomes for our children as perpetrators and victims, adding millions to the delivery of infrastructure, and most significantly, destroying many families, the cornerstone of our society.
Understandably, much of the adverse focus is on the Police; after all, the CAA and the media generally are the first to call out issues where Policing is failing, and that is a legitimate and healthy role that should not be discouraged. However, that police ‘carry the can’, so to speak, for the crime tsunami is very unfair.
In particular, the media gives the Courts a free run, generally avoiding any criticism, which is a mistake that does not serve the community well.
Until the courts accept and act on their responsibility, irrespective of how efficient or proficient police are in bringing perpetrators before the courts, crime rates will continue to soar. Paradoxically, the inaction and lack of support in a global sense for policing by the courts contribute significantly to the crime rate as perpetrators lose the important deterrent factor the courts are supposed to perform. Police end up chasing their tails.
We acknowledge that legislators also bear responsibility, but even with weakening laws, there are many ways that the judiciary could improve. One of those is through a system of robust accountability.
The current accountability is based on vague notions that fly in the face of sound jurisprudence.
Two core legal principles are crushed by the current lack of effectiveness of our legal system by the courts.
- Justice delayed is justice denied—a 19th-century proverb.
The lengthy delays in bringing perpetrators before the courts are either due to poor administration of the Court systems or inept behaviour by Jurists. Either way, before the inevitable blame is placed on budget restraints, the path to efficiency must be empirically demonstrated.
- It is better that ten guilty persons escape than that one innocent suffers.- Blackstone’s Ratio.
We read daily of inordinately long delays in delivering justice, sometimes years, translating into more crime or unjust treatment of accused persons.
Jurists’ propensity to repeatedly bail accused persons has a severely detrimental effect on justice delivery. Perpetrators from all court jurisdictions are let back into the community for extended periods under court-imposed conditions, which are rarely adhered to, to commit further crimes while awaiting trial. The net effect for most accused is that they are caught one day back on the streets the next.
- The accused languishes in jail on remand.
That is unjust, even for a serious crime, as the accused is innocent until proven guilty. However, jurists send accused persons to jail without a trial and without conviction for extended unacceptable periods. That the accused does time and is then not convicted is cold comfort for the prisoner and amounts to a cruel and unjust punishment.
Innocent Victims who have lived through crime trauma are further punished by inordinate delays often contributed to by the Legal fraternity as a tactic to maximise the benefit to their accused client, weakening the victim and witnesses’ resolve. How we can stand by and apply the punishment the legal process applies to victims is unconscionable.
An ineffective Judicial system is responsible for, in large part, the rise in crime.
Crime impinges on every aspect of our lives, so there is now more than ever an urgent need to expose Judicial failures and demand that an independent Judicial Review mechanism be established to address the issue that currently exists, whether that be the performance of the judicial system overall or the performance of individual Jurists.
The Judicial Review Authority must not be allowed to become a ‘lawyers’ picnic’ and have lay people in the panel representing the community with higher representation than the legal fraternity, which is clearly out of touch with the community. This Authority must also be accountable, which is best served by being appointed and answerable to a Parliamentary bipartisan oversight committee.
The media reports on many legal matters, and it seems that questions should be asked about the behaviour of some jurists but are not.
The legal system, as it stands, allows misconduct to go unchecked, and that is as bad for the credibility of the Courts as it is for the competent and reliable Jurists who serve the community well.
There are several examples,
- One case we are aware of involves a defendant charged with serious violent crimes who has allegedly manipulated the legal system to extend his bail for five (5) years to avoid being held to account despite appearing for thirteen (13) Bail hearings.
What is significant is that the thirteen appearances were before thirteen different Magistrates, strongly suggesting a breakdown in Court administration or Magistrates being manipulated by the defendant’s Legal counsel.
The Lawyer representing the defendant in this matter is an Officer of the Court, so any indiscretions by a lawyer in a matter before the Court are the ultimate responsibility of the Court. By due process, the judge sitting as a court in any jurisdiction is therefore accountable; hence, there is a need for a judicial review authority to ensure the judge’s accountability in this situation.
The victims, a mother and her children, are in hiding, destitute and unable to move on but continue to hide in fear. The impact on these victims taking a terrible toll on their lives and their future, an unconscionable outcome.
It is inexcusable that the Courts allow this to occur.
- The infamous Gobbo affair is an outstanding example where criminality within the legal system was exposed. The findings of the High Court of Australia were unambiguous in its condemnation of the players in this matter. Still, nobody has been held to account for all the dozen or so key players and the many more-bit players. The question is, why were these players not put before the Courts? Is there corruption at the highest levels? What consequences exist for this transgression?
- The Covid-19 pandemic exposed many failings, but the most significant was the failure to hold people to account for the over Eight Hundred people who it is alleged died as a direct result of incompetence. The opportunity existed on at least two occasions for the courts to take action. The Coronial inquiries into the deaths should have exposed the issues, as should the much-maligned and malevolent ‘I can’t remember’ Coate judicial inquiry.
- Currently, the aftermath of the motor car collision between the ex-Premier Daniel Andrews’s car and a young boy makes its way through the civil courts, raising the issue of why the matter was not processed initially through the criminal system. The whole event has a whiff of criminality, not only the crash itself but the actions of a law firm and others after the crash.
Article 26 of the Australian Human Rights Commission sets out unambiguously the rights of Australians before the law, but unfortunately, the courts trample on those rights in the examples given
A Judicial review Authority must have the power to intervene when the Judicial system appears to be in trouble or fails.
To avoid serious misconduct and matters being blocked or diverted from the courts, the Judicial Review Authority must have the power to initiate inquiries with powers similar to those of the Royal Commission. This would allow the community to be confident in the court process.
The process must allow the light in. to sanitise the process, and the community mouthpiece, the media, has a crucial role in facilitating this outcome.
by CAA | Aug 9, 2024 | Library, Uncategorized
Pic. courtesy Herald Sun
The Herald Sun headline on the 9th of August ‘24 gives hope that Victoria Police are entering a new phase where clever resource use reaps outstanding results, but more can still be done.
We don’t know whether this means that the media have more access to police-community operations and are privy to what’s happening. Still, either way, it is a positive change and will boost the community’s confidence in the Police.
The current operations in the City of Port Philip demonstrate what can be done when Police management applies itself.
The real test, however, will be when the major Operation ends.
This Police Operation, with multiple arrests, will wrest the streets back from criminals, making the area safer for a time determined by the Courts, not the police.
With current court experience, most, if not all, offenders will be back on the street within hours.
The Police can’t do much about that but what planning is underway to ensure the regular policing response maintains the edge that the major operation archives? Or will it revert to business as usual until the community again raises concerns about a lack of police action in their locality? We hope not.
It was reported that the Commander of this operation said,
“ Remanding offenders in custody for low-level drug offending would only choke the courts further.
“We don’t want to tie up the courts; we don’t want to tie up the criminal justice system with what needs to be a health-led response,” he added. – HS 9th August ‘24
This raises two critical points.
- Police are not responsible for Court management or the Justice system; they need to remain focused on the police function and not be influenced by the inefficiencies of another Government function. The Courts are renowned for being super inefficient, which is a matter for the Courts, not the police. Police have enough to do.
In many ways, the Courts’ overload may be a positive, pushing them to take a greater responsibility in reducing recidivism among perpetrators. Much of this recidivism is hidden by so-called ‘Diversions’, which obscure the effectiveness or otherwise of the Courts.
Shut the Justice revolving door.
- Secondly, the issue of a health-led response. This much-bandied concept has been hijacked by the pro-drug activists pushing the incorrectly interpreted strategy of ‘Harm Minimisation’, which has been manipulated into ‘Harm Facilitation’.
The dug injecting room, free supply of drug injecting equipment (instead of the needle exchange program)and Pill testing are classic examples where the government has given up on proactive discouragement of illicit drug use, moving to actively promoting drugs by facilitating their use and abuse.
The issue we have with a health-based response to date is the past experiences, particularly Covid and Harm Minimisation.
We are not comfortable with the government directly collaborating or even conspiring in the illicit drug process, an illegal activity, giving drug use credibility it should not have.
We do, however, strongly support a health-based approach. Essentially, that would involve the Police having the power of a Health Officer to issue a Health Notice to anybody whose cognitive skills are compromised and who has recently consumed drugs, illicit or otherwise, that can adversely affect their cognitive ability or are likely to compromise their health.
These people can then be transported to a secure facility, where the Health Department manages the suspect’s health and avoids clogging Hospital ERs and tying up Ambulances. Contracted transport can move the drug-affected people around as they do with Drunks.
The facility must be secure so that when the person is detained, they can be released back to the police when their health is stabilised to finalise any pending criminal matters or the police have nothing else pending they can be discharged without further action provided the Health professionals sign off that it will be safe for the person to be discharged.
We must, however, remain eternally vigilant as efforts to de-power police in recent history have accelerated at a pace never before experienced in this State.
Police have lost the power to manage social disorder by various Summary Offences being repealed, the power to arrest and charge young thugs, even some committing unspeakably cruel crimes, has been severely curtailed, and the Force actions have been further curtailed by imposition of functions to tie up Police resources gathering data for other government agencies.
The next target for the ideological zealots will no doubt be the common law power for police to use discretion.
There are already signs of inroads being made to curtail this power, evident in the legislative provision regarding Police caution in the new Youth Justice Bill currently before the Parliament.
It is a program that has served the community very well for many decades, ensuring young people are diverted, not from the justice system as the Bill intends, but from a life of crime, a much more effective and desirable outcome.
Over the decades, many, many thousands of young people whose only brush with the law resulted in a Police caution for some indiscretion have since developed into very worthwhile members of society, which may well include some of our community leaders.
Removing Police discretion will be a significant win for the ideologues, and it must be resisted with vigour.
The days of the Courts simply processing those charged and issuing a penalty appropriate to the conviction are past. Society now looks to the Courts to take an active role in crime prevention beyond their traditional role.
When crime statistics are released, the police are inevitably judged by them as a measure of their performance; this must also be extended to the Courts and individual jurists as Key Performance Indicators (KPI).
by CAA | Aug 8, 2024 | Library, Uncategorized
“Four teenage girls and a 12-year-old boy have been arrested and a number of machetes seized after allegedly leading police on a chase across Melbourne’s eastern suburbs in a stolen car” – Herald Sun on the 8th of August 2024.
This report is a far too common theme, young children committing very serious crimes, and the headline response from the government is to raise the age of criminal responsibility from ten to thirteen in the new Youth Justice Bill currently before parliament. What an inane response.
Unbelievable as it may seem, the new Act also removes any accountability for young offenders and gives them control of their processing.
The Bill imbues the child perpetrator with the power to reject any efforts to manage their behaviour by authorities.
This provides a blatant windfall for Lawyers representing the young, guiding them to exercise their newfound extended rights.
They are old enough to make decisions about their management but too young to understand that they are committing a crime, really?
There is a distinct possibility that these changes, opening the door for lawyer involvement, will not benefit the child but have the opposite effect.
Given these changes, not only will young people be disadvantaged, but the community will have no idea what number of children under thirteen and eventually under fourteen are committing acts that would otherwise be crimes.
Perhaps fortunate for these particular young offenders, the Youth Justice Act will not influence the process that can currently be implemented. Therefore, there is hope that these children will be redirected from a life of crime.
But let us presume, for the sake of debate, that the Youth Justice Act is operational relative to this incident.
In particular, the circumstance of the twelve-year-old.
Under the new Bill, the Police can take the child to a Police station or their home.
They cannot be interviewed or subject the child to any other of the traditional processes designed to reduce crime, such as photographing, fingerprinting, or interviewing.
And who will know, much less have any ability to intervene, if the twelve-year-old is the principal offender leading the girls into crime?
This Bill, however, allows a child to conclude that their behaviour is acceptable.
Steal a car and evade police, having armed themselves for a yet-to-be-determined purpose, and for the twelve-year-old and possibly others, there are no consequences.
They do not have to take responsibility for their actions or intent, and they can reject any attempts by authorities to divert them.
Good police work averted a far more serious crime where obviously the weapons were to be used.
What sort of society are we creating? Not a good or safe one.
The most serious omission of due process is the interview, which, amongst other things, may determine the social dynamic that caused such a young child to end up in a stolen car armed to the teeth.
This information is vital in determining how this child can be diverted from further criminal activity.
Indeed, the current diversion practices are not working well, as evidenced by the monumental increase in young people’s offending. Their crimes of choice are more violent and pose a greater risk to the community and themselves than has ever been the case.
Rather than reducing crime as suggested, the new Youth Justice Bill is whitewashing criminal behaviour and, with it, the power of authorities to intervene and adjust young people’s behaviour.
As the legislation converts the previously criminal behaviour into non-criminal behaviour, it raises critical issues.
- What happens to a recidivist child who kills somebody or is killed in a stolen car – does the liability and responsibility lie with the Government?
- What action will the government take to stop the young from being recruited by organised crime?
- Or, more importantly, given the current risks of terrorism, managing the recruitment of young people by extremists to inflict terror on the community.
- What recompense will victims of what would otherwise be crimes receive?
It is well understood that children often do not comprehend the total consequences of their actions. As we head for a dismantling of processes designed to manage young people committing anti-social acts, for all its faults, the effort should focus on improving the current system rather than throwing it out and installing an untested system that is not based on any empirical foundation.
Our children are too important to be used in a social experiment.
by CAA | Jun 19, 2024 | Library, Uncategorized
As reported in the Age on the 18th of June ’24, New South Wales is leading Australia in meaningful action to reduce the burgeoning rate of death and assaults from Domestic Violence.
Premier Chris Minns, on the 14th of May, announced that Electronic Monitoring (EM), or ankle bracelets, will be introduced to perpetrators bailed.
Today, the 19th of June, West Australian Premier Roger Cook announced measures similar to those in NSW but much more comprehensive.
In the West, about 550 family and domestic violence perpetrators will be forced to wear ankle bracelets with the introduction of new laws to track and monitor high-risk perpetrators in the community.
https://www.heraldsun.com.au/news/western-australia/one-aussie-state-will-force-dv-thugs-to-wear-ankle-bracelets-so-highrisk-offenders-can-be-monitored-in-the-community/news-story/d97915951872826bf60ef09e1a61d671
The Apple Isle Tasmania has been using these devices since 2018 to manage Domestic Violence perpetrators with a high degree of success.
And while Victoria drags its feet on yet another initiative that will save lives, Domestic Violence victims are needlessly dying, being injured or living in self-imposed purgatory to try to keep safe.
This paper shows how victims and their families can achieve dignity and self-worth free from danger.
Based on the current research, nearly 70% of perpetrators who kill their partners have one thing in common – they all had interaction with the legal system before they committed the murder.
That means the courts are a major contributor to the system’s failure.
Premier Minns has taken the first steps with mandatory EM Monitoring as a condition of Bail. Still, the court hearing may be months or years away, so the EM intervention must be immediately after the incident or when the Apprehended Violence Order (AVO) is served.
In one case, we are aware that the perpetrator has avoided court for five years by seeking adjournments, so in NSW, he would avoid EM, and the victim continues to live in fear for the life of her family and self.
More than three out of five of the killers (68 per cent) had a prior engagement with police, 65 per cent had “prior engagement in a legal setting”, and 65 per cent had previous convictions for a criminal offence. Thirty-four per cent had prior convictions for family violence.
Police must be given the power to apply EM.
Given the statistical data, police are unlikely to get the use of EM wrong, but if they do, the issue can be resolved at the perpetrator’s first bail/adjournment hearing.
Modern technology solutions have been available for some time. However, timid politicians are more concerned about offending their perceived electoral sensitivities rather than protecting victims; perhaps they see them as unavoidable collateral damage.
A proper dispassionate interpretation of what the research tells us is that the likelihood of death or serious injury to domestic victims can be dramatically cut by using EM.
The EM must also be part of the Police Family Violence Safety Notice (FVSN).
If the Police have the power and see the need to issue an FVSN, then they should be able to implement the use of EM as part of that notice to ensure compliance and protect the victim during the period of heightened risk.
It is noteworthy that the data available to courts is the same as that available to the Police at the scene, with police having the advantage of seeing the demeanour of the parties at a time of stress, making their judgement far more informed than when the parties appear in the emotionally neutral court.
Police using this power can have their decisions overturned by a court, as an FVSN is also, in effect, a summons, and that is the proper place to test the evidence of the need for the ongoing EM compliance device.
The advantage is that the courts will no longer need to make orders for EM; they will need only to evaluate the extension. There would need to be compelling evidence for a court to order the device removed, and the court would need to be well satisfied that the judgement of the police who attended the scene was grossly misguided.
To get an accurate snapshot of just how significant the problem of Domestic Incidents is, the Crime Statistics Agency has produced some potent figures at,
https://www.crimestatistics.vic.gov.au/crime-statistics/latest-victorian-crime-data/family-incidents-2
More victims will die, and many more will be traumatised and living in constant fear as the government fails and meekly continues to accumulate blood on its hands instead of taking decisive action.
The government must get its act together and implement EM for persons issued with an FVSN by the Police as a matter of urgency.
The infrastructure, resources and technical knowledge are already well-established in the private sector and would be able to respond in short order; police training in their role in the process is minimal as the service provider looks after all technical aspects, including responses to fitting, servicing or adjusting the devices in the field as well as monitoring the devices 24/7 advising police (according to a Police protocol), of any breaches to the conditions imposed on that device.
There are no excuses for not establishing this initiative and using the private sector as a government response to establish or expand the ability to deal with this. In the best, most optimistic scenario, it will take 4-5 years.
Time the victims don’t have.
by CAA | Apr 24, 2024 | Library, Uncategorized
No objective assessment can question that we are in a crime crisis.
While there is overwhelming evidence of a crisis of significance, what is also happening on a scale below the headline events, and is numerically high, is many cases, inflicting cruel injuries, both physical and mental, to innocent victims that are irreversible, ruining their lives and their families.
We must be realistic and accept that what we have been doing doesn’t work; blaming others and trying to identify the cause serves a purpose, but not now.
Now, is the time to bring the problem under control, and then we can look at long-term solutions.
What has become abundantly clear is there is a dearth of leadership.
Somebody needs to stand up and tackle the issue, not in a month, but now, before more people are maimed or die.
We urgently need a significant boost in Police numbers to enable a visible Police presence at all places of high risk 24 hours a day, seven days a week.
We also need to deal with the demonstration issue so that policing the state can continue despite threats of demonstrations.
The Chief Commissioner could decree that all non-essential police operations be suspended for two months and that police freed up be allocated to patrolling high-risk areas.
At the end of the period, it may well turn out that a hiatus of the non-function or fiefdom building functions are not as critical as assumed, and elements could be permanently dispensed with.
It seems that Victoria Police are hesitating to face the challenge.
We expect that VicPol, in crisis, will return to the failed Matrix Management philosophy of having a meeting instead of somebody displaying leadership, addressing the problem, and accepting responsibility for the outcome.
The attraction to the meeting strategy is the appearance of something being done that will solve everything. The added bonus is that no individual can be held accountable for failure. VicPol is not alone; there is nothing of substance from the Government or Opposition either, which is very worrying and exposes the weakness of the leadership currently on offer.
There are currently insufficient police under current police management practices to become proactive and prevent these incidents; however, in this crisis, we need to be bold and innovative to deal with the current life and death problems.
Part of the solution lies in using the thousands of retired police in the community, who can perform many operational tasks and most back-room administrative functions—a Force Reserve.
This frees up police to man shopping malls, shopping strips, transport hubs, schools, or any place that demonstrates a security risk to minimise what is quickly approaching carnage.
It may be argued that it is easier said than done, but it is not difficult if intelligent minds are assigned to the task.
Establishing a Police Reserve where retired members can be offered a position at the same rank and payscale they previously held to stay on for a specified period or part-time, returning to work under the same conditions.
Amendments to the Police Act can be quickly drafted to accommodate a Police Reserve. Some retirees value the freedom of retirement but are very prepared and capable of taking up short-term commitments as required, a technique used significantly by the military.
A cash incentive scheme would guarantee sufficient interest. If handled correctly, the Reserve members may need a short training update of weeks, not months.
The argument that we should recruit more is a long-term necessity. Still, recruiting potentially competent and effective police is too slow to provide police management with the surge capacity required to keep the state safe.
The recent COVID experiences placed incredible demands on Police resources. They should have been enough to cause serious planning to create the capacity for VicPol to develop a surge capacity.
An adequate surge capacity means responding to the issue while retaining the necessary resources to maintain day-to-day functions.
For example, the significant issue during the COVID response was VicPol’s inability to respond and provide security for the COVID-19 quarantine facilities that housed infected people.
The task then fell to a questionable Private Security firm. As a result, it has been argued that 801 lives were lost because the virus escaped the Quarantine facilities—a security failure.
Whatever the argument that the Chief Commissioner of the time put forward, it is not unreasonable to conclude that had police taken on the Security function from the beginning, the likelihood of the virus escaping would have been substantially reduced, albeit that Private Security could augment Poilce and be phased in over time.
Inexplicably, Emergency Management Victoria seemed to play no part.
The problem of VicPol not having adequate surge capacity to deal with unforeseen events was exposed, but here we are again, only a couple of short years later and again, the lack of a surge capacity persists.
The difference this time is that the evidence of an impending social disorder crisis has been evident for some time as thousands of new migrants have been added to the population without consideration of the infrastructure, including police numbers, to deal with the additional migrants who historically bring with them new and problematic issues requiring more intense Police attention.
Here are some suggestions for how a reserve may augment operational members to create a surge capacity.
- The majority of staff on a Booze Bus could be sworn Force Reserve.
- Watch House Keepers throughout the State could be drawn predominantly from the reserve.
- Capable Force Reserve members could interview witnesses.
- Crime scene specialists could be trained in the reserve.
- All police allocated to community liaison roles supporting special interest groups could be reallocated to operations, and much of this work undertaken by the Police Reserve members.
- There is no doubt Reserve members could replace many Police involved in training.
- On the issue of training, which has generally moved online, the efficiency and efficacy of that move need to be reconciled. Hours spent on a computer most shifts compared with police being returned to the classroom for training where all the advantages of group training can be experienced must be revisited. The online move suits the trainers, making their lives easier, but it is not a good management practice. Online training hours are not adequately managed, affecting Police member’s productivity. Spending a couple of hours online during a shift where they could provide a visible police presence is a counterproductive use of members’ time.
- Every Police function must be reviewed and categorised as essential, necessary or nice to have. The latter is where the numbers can be extracted from.
These are just a few examples that could effectively increase the force capacity by over a thousand members when required. Still, with application, there are hundreds of other jobs where a reserve member could effectively function to achieve efficiency. When done appropriately, service efficiencies can achieve a higher level of service delivery.
Reserve members of all ranks could also be considered for relieving tasks. This could have a very positive impact on resource capability and suit many retirees’ lifestyles.
Unfortunately, these current issues are not like COVID-19 and are unlikely to dissipate like a virus.
The issues are deeply rooted in the cultural and non-secular values instilled over generations by many of the new migrants arriving in this country. As they continue to come in great numbers, the problems will escalate, not diminish.
VicPol cannot just sit back and hope but must start seriously addressing the resource problem with clear, nonpartisan values.
The cost would be considerably less than accelerating new recruit training and avoiding taking shortcuts like lowering standards that may prove detrimental to the organisation in the long term.
If the matters require Government funding, the community has every right to know that a lack of funding compromises their safety, and the Government can take responsibility.
At the moment, VicPol is responsible.
by CAA | Apr 23, 2024 | Library, Uncategorized
Latest developments have exposed the consequences of failing to manage the youth crisis, and a grave deterioration has started to evolve.
The worst possible outcome is the evolution of vigilantism.
Vigilantism as a solution to a crime issue has the enormous risk that rather than quelling lawlessness, it may increase it, with these groups becoming part of the problem rather than solving it.
We have suburbs of Brighton employing private security to improve safety, but now residents on the other side of Melbourne, and in vastly different socio-economic circumstances, in Mambourin Estate near Werribee are indicating they propose to set up patrols from 9:00 pm to 3:00 am when the thugs in the area are most active. The outcome could be a disaster, as there is every likelihood the thugs may decide to assert their strength, leading to bad outcomes.
There would be no doubt that the thugs feel they rule the streets, so they are likely to oppose any challenge to their ‘freedom’. The challenge would be ugly.
Victoria Police need to step in immediately, not with consultative groups, a favoured non-function, but with sufficient resources to proactively patrol the area to give the community the safety they deserve.
If local police were doing their job, they should have known of the growing concerns and taken proactive action before it got to this stage. Another mangemnent failure.
But that is what happens when the Force focuses on reactive functions and is not proactive.
by CAA | Apr 19, 2024 | Library, Uncategorized
As reported in the Herald Sun on April 18, 2024, Victoria Police bemoaned the impact on resources caused by the outbreak of demonstrations in the city.
Ten thousand shifts of Police keeping the broader community safe have been redirected to managing the epidemic of demonstrations currently in vogue.
While we empathise with the current Force perspective, much of the current issues have been caused by the police themselves.
As we have consistently argued, applying law and order must be consistent and not influenced by ideology. Inconsistency breeds contempt.
The continuing ideological bias is blatantly apparent.
This bias became evident in the lead-up to and during COVID-19 and continues today, so why are we surprised Melbourne is the Demo Capital of Australia?
Failure to act decisively when a new issue attracts demonstrations and then failing to be consistent not only promotes more demonstrations, as is the case in Victoria, but the broader public sees through the spin and police respect further declines along with support.
‘They are the Police; how come they can’t fix it’ is a growing question within the community as frustration builds.
The current impasse, which encompasses a number of Law and Order issues, including the ‘Youth Crisis,’ is adding to the loss of respectability and confidence in our Police as a consequence of COVID responses.
There are two aspects to this article: police resourcing and police capability.
On police resourcing, the press article tries to deflect the blame for police management’s lack of capacity to respond to operational demands by blaming the demonstrators for not complying with police requests for information on proposed activities.
Finding excuses rather than solutions has become the police go-to position on various issues.
The need for pragmatic police management is now essential.
In the current crisis, how can resources be applied to a sexual complaint that allegedly happened over fifty years ago? We understand that considerable police resources are used to investigate historical events of this nature. Pragmatic leadership has two strategies at its disposal: pressuring the Government and encouraging public debate on a statute of limitations and, more effectively, intervention by police command to prioritise the allocation of resources.
It is time for a twenty-year statute of limitations to be applied to all historical crimes. The likelihood of safe convictions and the fallibility of human memory can lead to many hours of wasted police time, all while the state is faced with an imminent crime crisis.
A safeguard for victims in exceptional circumstances would allow them or the police to apply to a court to have the statute lifted on a case-by-case basis.
A fifty-year-old case versus stopping home invasions and curbing youth crime now; we know where the public sits on this conundrum.
Victoria Police have to develop the chutzpah to say no and prioritise resources.
Gathering data for other agencies is another resource black hole.
As the article argues, 10,000 hours were lost at the local level, but why must it be at the local level? Why is our frontline carrying the brunt of the Policing load?
There is a significant number of non-operational and operational support police who should be called upon before the stations start to lose shifts. They are all sworn Police officers.
Or is it just lazy management finding it more accessible to bleed staff from the stations?
Losing a day here or there from the support areas would not significantly impact many police functions, and the weight can be lifted from the stations.
The lack of planning to develop a surge capacity for VicPol is a blatant management failure and must be addressed.
Developing a Force Reserve would be cost-effective, operationally sound, and a significant step toward solving the staffing crisis.
VicPol must be asked the question: What would happen if another significant incident occurred during a major demonstration? What is plan B?
Overriding this issue, publicly exposing resourcing matters is not the best idea we have seen, as no doubt any terrorist cell plotting insurrection now knows when to strike.
Police capability and the government’s role in ensuring police have the tools to be effective have been significant issues.
The Premier was asked about this, and her response was;
“The Victorian government will not be following in the footsteps of NSW by implementing a permit system for mass gatherings.”
“Victoria Police have the tools and the resources to respond to these activities,” she said.
“(They are) demonstrating that they have the tools,” she said.
If the Premier believes VicPol has the tools, why aren’t they being used?
The permit system works well in other jurisdictions and is not designed to prevent the right to demonstrate but to prevent unruly mobs from disrupting the community.
This position on permits exposes the government’s inability to govern for all Victorians and not pander to a few: ideology usurping pragmatism, a common and distinctly modern political trait.
If the government won’t reinstate the ‘move on laws’ and introduce a ‘permit system’ for demonstrations, the disruption and the police’s failure to act decisively, even if their ideology is controlled, must be at the government’s feet.
Strong statements must come from Victoria Police so the community is informed.
Doing away with blame-shifting might be an excellent start to rebuild confidence.
by CAA | Apr 16, 2024 | Library, Uncategorized
It would have been reasonable to assume that, if nothing else, VicPol would have learnt from the errors of policing demonstrations during the COVID-19 pandemic. A lack of consistency and basic mistakes in Command and Control principles caused much of the mayhem and operational missteps.
While policing is confronted with demonstrations or social disorder issues that form part of the fabric of Policing, somewhere along the line, experiences of the past have been lost, reducing the effectiveness of the Police function.
Many former Police officers serving in a different era were shocked and dismayed at the ineptitude during COVID-19. They hoped the mistakes made then would be a lesson and future issues would be handled differently. It seems a forlorn hope.
Several flaws in the COVID response included a lack of consistency in approach. Seemingly, the police response to every event differed, creating confusion among the demonstrators or, more importantly, confusion among the individual members on how to respond.
Thankfully, the COVID era and all its failings seem to be behind us but will not be forgotten for a long time to come, and for all the wrong reasons.
Fast forward to the current issues motivated by the Israel-Hamas conflict.
Large pro-Palestine/Hamas demonstrations are designed to, as far as possible, disrupt the significant commercial hubs within Australia, trying to wreak as much disruption as possible by sheer weight of numbers.
As the fervour of these demonstrations is allowed to fester, the real possibility of demonstrations escalating into insurrection becomes an ever-increasing threat, and that is because of a Police failure.
Instead of taking decisive and consistent action, rather than just being observers when the demonstrations on this issue began, the police made a significant mistake in allowing ideology to enter the operational approach.
It became very evident at the Town Hall demonstration that the line of impartial law enforcement had been crossed.
Recently, a huge group of pro-Palestine/Hamas demonstrators gathered outside the Town Hall to demonstrate issues being debated by the City Council. Entry to the chamber public gallery was by ticketed invitation, and three Australians of Jewish origin with tickets to the event tried to enter the Town Hall to attend the meeting but were violently set upon and blocked by a worked-up pro-Palestine/Hamas crowd.
At that point, the three invitees became victims of unlawful behaviour.
The Police response was counterintuitive to the sworn duty of Police. They removed the three victims and sanctioned them by barring them from the city.
The perpetrators of the assaults were not arrested, albeit they committed the offences in the immediate presence of the Police.
All of this was videotaped, and the vision was available to police. Arrests and charges ought to have followed.
The actions of the Police gave the demonstrators a huge moral win and set a new standard that assaulting people was acceptable behaviour.
This action by the Police will embolden and escalate future demonstrations in this cause.
The Police excuse that it was an Occupational Health and Safety issue (OH&S); reducing the danger to police from the demonstrators is unacceptable and a dereliction of their sworn duty to act without fear or favour.
Perhaps Inspector Amy Scott of NSW Police thankfully missed the memo about OH&S as interpreted in Victoria and saved many lives as a result.
Policing is an inherently dangerous occupation, and safety is created by competent leadership and planning, appropriate equipment and training.
Victoria Police need to recalibrate their operational approach to demonstrations, and where laws are broken, decisive action must be taken. Policing has no place for cowards.
Lawbreaking without consequences only escalates lawbreaking.
The OH&S Claims at the Town Hall have been exposed as a rampant ideology as the latest mass demonstration saw Police charge demonstrators interfering with traffic lights.
The Victims in those offences were the traffic lights, but when the victims were Jewish, OH&S a different standard was applied – consistency?
There is a strong argument for introducing a permit system for gatherings of over ten people and providing a water cannon as a backup for members’ safety.
There has been a reluctance to provide water cannon technology because it is rarely, if ever, used, and the cost is said to not be justified. However, having a big stick backing the Police would be the smartest way to defuse incidents and reduce police injuries.
Not having specialised emergency management equipment because of a perceived lack of demand is incredibly short-sighted. If we applied that logic to a specialist high-reach fire truck or airport fire appliances, the ‘hue and cry’ if they were needed and were no longer available would cause a justifiable uproar.
The CAA implores Victoria Police to police according to their oath of office ‘without fear or favour’ and to review and change the biased practices we deplore.
by CAA | Mar 5, 2024 | Library, Uncategorized
One might call it the alignment of the stars. Still, we are inclined to view the current Police management as an alignment of the ineffective, more concerned about being woke and aligning themselves with an ideology driven by a limited number of politicians in government that, unfortunately, like in the Force, holds sway.
We have a Police Force that is ineffective and indifferent to our needs directly due to poor management driven by ideologues sidelining pragmatic Officers dedicated to the core principles of policing consistent with their Oath of Office and Peelian principles.
Fortunately, this insidious phenomenon has not infected all the senior officers. Still, of those who are, bring the honour of the Force down.
The statistics say it all, and the flimsy excuses no longer wash.
Whilst the crime rate soars, juvenile crime is out of control, and the deaths on our roads are rapidly escalating as the Force expends so much energy on being woke, it fails to adequately address the fundamental policing issues.
Given the VicPol performance and the latest risk assessments of the likelihood of terrorist activity on-shore, Victorians are rightly concerned as to whether the Police command is up to a challenge of this magnitude, particularly how the police might respond depending on the cause the terrorist represents.
Following policy set by the government of the day is necessary; however, that does not extend to following a particular ideology proffered by individuals within a government and not what the citizenry expected when they cast their ballot.
There is no mandate for a woke Force.
Police are individually entitled to their personal views; however, when this starts impinging on the operations of Victoria Police, which is not the plaything of the alleged enlightened officers of the Woke brigade, something has to be said.
The credibility and confidence in the Police Force is crumbling, and the remedial action needed is urgent. Unfortunately, some in the hierarchy are in denial, and that is going to make it difficult to rectify, so it is essential that those who suffer from this malaise must be moved out of the Force as a matter of urgency.
The mantra to all police at all levels should be ‘go woke, go somewhere else’.
Over the last few years, politicisation, wokeness and the inward focus have developed a pattern that makes these issues very concerning and supports the view that the Victoria Police has become an arm or weapon of not only one political party but appears to show loyalty to one faction of the party.
A pattern developed as a string of issues supports the hypothesis that the Force backs the Left factions of the government.
Israel-Hamas War Demonstrations Response
Police may have exposed the Force to litigation by their response, failing to uphold their sworn duty.
The police argued that they were avoiding the escalation of violence by tolerating Pro-Palestinian activities, but they were consenting to their behaviour, a recipe for further escalation.
It is a pity that the principle was not applied during the COVID-19 demonstrations.
Police need to do their sworn duty, encapsulated in their Oath of Office, which in part says,
“ – I will see and cause the peace to be kept and preserved, and that I will prevent to the best of my power all offences, and that while I continue to be a police officer, I will to the best of my skill and knowledge discharge all the duties legally imposed on me faithfully and according to law.”
How conflicted must front-line police feel when pushed towards breaching their Oath by Command decisions?
The latest incident was when, for the first time, pro-Palestinian demonstrators were arrested. With all the anti-Jewish pro-Palestine demonstrations, there were no arrests; the victims, however, were penalised, but now pro–Palestine demonstrators have been arrested for disrupting a Gay event.
It seems it is ok for the pro-Palestinians to demonstrate and be violent towards the Jews, but it took a disruption of a Gay event before any Police action was taken against these thugs.
It is a pity the Police didn’t protect the Jews impacted like they did the Gays.
Gay Pride March response.
The CAA position is that what Police do in their own time as it relates to their sexuality is their business, and it should remain that way unless it is affecting their Police function. Irrespective of any issue, police must remain dispassionate in performing their duty and not become part of events.
The previous Gay Pride march was marred by violence and not by Police dealing with violent demonstrators, but by the Police involving themselves -they became part of the problem willingly or not.
The blame for allowing police to put themselves in this position must be ‘sheeted home’ to Command.
Various gay events or celebrations have had uniformed Police taking part over quite a few years; however, VicPol failed to read the room and understand that the uniformed police presence was no longer welcome.
The staff commitment to the march hurts the Police service delivery, and with arguments that the force numbers are down and the crime rate ballooning, as is the Road toll, how can the force afford to take so many police away from operations for this frolic?
The response by VicPol to this debacle of policymaking was surprisingly utterly inadequate.
‘We will return’ was the VicPol message, a parody of General Douglas MacArthur’s famous ‘I will return’ made in a war setting.
This very ‘bolshy’ response would no doubt appeal to the hairy-chested knuckle draggers in VicPol. The other side, however, will be super-charged by the challenge. You can bet that planning for the next event to screw the cops is well-advanced.
If the mistake is compounded by police again marching with this or any similar group, you can guarantee there will be an escalation of violence.
Hotheads cannot prevail.
A mea culpa is essential, and as it would be the cause for reducing lawlessness and couched in that way, the community would support the action as responsible.
Let’s hope Victoria exercises the same sensible approach as NSW and withdraws from direct involvement in politicised causes.
Drawing a comparison between the over-the-top COVID responses and current strategies is telling. Although we are confident in the actual frontline police, it is their master’s that are cause for genuine concern.
We despair as to what lies ahead and how future challenges faced by police will be managed; challenges of various magnitudes are inevitable, and some significant changes at executive and sub-executive levels are now critical to ensure that the ability to handle the unexpected is capable of being done.
This is an old but apt adage, given that many results are less than optimum to date.
‘- if you do the same tomorrow as you did today, do not expect a different result.’
by CAA | Feb 27, 2024 | Library, Uncategorized, Victoria Police Issues
The CAA has published a series of Plans aimed at identifying issues in the law and order space that adversely impact all of us. The current iteration is PLAN 100.3, updating the last version, published in 2019.
A lot has happened in the intervening years. This paper will update the community about the issues we identify and provide suggestions to decision-makers on how things can be improved.
We welcome any comments and hope this paper informs the broader community to pressure for change.
Plan 100.3 Word Doc
Plan 100.3 PDF
by CAA | Jan 22, 2024 | Library, Uncategorized, Youth
As the debate over Bail laws for juveniles rages, the proponents on the side of the ‘relaxation of laws’, ‘for the good of the child’ have lost sight of reality.
The two concepts, ‘relaxation of laws’ and ‘for the good of the child’ is an oxymoron.
A sceptic may also conclude that this move is a cynical government strategy to show how the youth problem has diminished by excluding large numbers of the youngest cohort from the statistical criminal matrix, thereby solving the youth problem.
The problem, however, is the giant chasm between what these proponents preach and the reality the juvenile interprets.
Some time ago, the CAA met with the executives of a well-known and, up until that time, in our view, a highly respected major youth-focused charitable organisation to discuss the issues and strategies that might be co-jointly pursued to help young offenders.
In discussing the Police Cautioning program, we raised the concept that minor penalties could be applied to juveniles with consent and agreement from the child’s parents. For example, we suggested that the juvenile’s phone be surrendered for fourteen days or report to the police station to do chores, etc.
The response was akin to threatening juvenile offenders with purgatory as they exposed their agenda.
They were clearly and stridently opposed to the Police Cautioning Program and initiatives like the Police in Schools Program. Not that they could annunciate the problems with either.
It seemed they were motivated and basing their views on some ideological zealotry.
And of greatest surprise was their absolute lack of care for the child’s welfare and the approach of no consequences for unlawful behaviour or, for that matter, any plausible result for the child’s behaviour or meaningful action that may reduce the repetition of the behaviour.
How the child’s unlawful behaviour could be corrected, or the dangers to the child mitigated with no intervention were beyond a reasoned view.
They also could not identify a circumstance where a child should be incarcerated, whether in sentencing or on Bail.
The adverse risk to the children was obvious, but that the community must accept and tolerate this behaviour was outrageous.
Whoever is promoting the lifting of the age of criminal responsibility is tarred with the same brush of ignorance.
When a young person’s lousy behaviour escalates to violence against others, a substantial intervention of consequences must be applied to the child very quickly if the behaviour is to be modified.
Failure to do this is the cause of the current escalation in overall juvenile violent crime.
Some fundamental traits in immature young people are critical to expect to achieve behavioural change.
- Time – Young people live in different time zones than adults, and as we age, we learn that an hour or a day for a mature adult, for a young person, would equate to a day or forever. This phenomenon translates into watering down dramatically the impact of the legal process on a child whose life has moved on substantially before consequences, if any, are applied.
- Consequential outcomes of actions – Children may not consider the consequences of their actions and will continue to act violently until they do.
The current example of three young people pushing an elderly man fishing off a pier, falling some 5 meters into the sea, is an example. Thankfully, the old man who couldn’t swim was rescued by onlookers.
There would have been no rational thought from the youths that the consequences may lead to the death of the man.
- Youth Bail – Excessive use of their right to Bail contributes markedly to our current problems. A youth released on bail gains bragging rights and believes they have beaten the charges. This alleged badge of honour escalates violent behaviour as associates are led to believe there will be no consequences for their violent behaviour either, so any deterrent effect on others is lost.
There must be an urgent review of the management of young offenders with an emphasis on consequences for unlawful behaviour.
That review must consider the matters we have raised and determine an efficient and appropriate system for managing young people.
The passionate argument of never incarcerating young people must be quashed as it is as essential to protect the community as it is to protect the child. Incarceration is a must if there is no viable alternative. We do not advocate incarcerating all young offenders but only when it is reasonably necessary, but all offenders must suffer some consequences.
The risks that can be argued opposing incarceration of ‘making the offender worse’ we differ ‘worse than what’. Violence in any form must be punished. Assaults, carjacking and home invasions must be stamped out.
If there are issues with the detention system, then fix the system.
The current system appears broken, but that has more to do with activists fiddling with it for ideological reasons as the system, even with some failings, has historically served us well, or indeed better than it currently does.
Fiddling with the bail laws and the age of criminal responsibility are just that, tinkering around the edges without a holistic approach that would achieve meaningful outcomes.
Curfews and tracking devices for recidivist offenders are a ‘no brainer’.
The actual legislative changes to achieve better outcomes are relatively small. Changing the mindset of key players in the youth space might be more of a challenge; however, if their function was measured against benchmarks, instilling accountability with consequences into these functions, meaningful changes might be quicker than anticipated.
by CAA | Nov 23, 2023 | Family Violence, Library, Uncategorized
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.
by CAA | Nov 20, 2023 | Library, Politics, Uncategorized
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.
by CAA | Oct 25, 2022 | Library, Uncategorized
26th October 2022
In the latest strike in what can only be described as a media blitz, the IBAC Commissioner has again attempted to interpret the law.
The integrity entities are not only colour coding corruption (Grey), but now the texture is apparently relevant.
This is in addition to attempting to create new definitions for words.
In this latest attempt by the IBAC Commissioner to influence the way laws are managed, he put forward ‘Soft’ corruption as an apparent legal reality rather than a Commissioner’s wish to divert attention from the inability of IBAC to perform its function to avoid accountability for IBAC’s failures.
Since when does the texture or colour of a law determine or influence its application?
As part of the Commissioners media blitz, on October the 22nd, it was reported in the Herald Sun that he warned,
‘Victoria’s corruption watchdog has warned the centralisation of power around Premier Daniel Andrews’ private office has created an environment ripe for “soft corruption”.’
This tinkering around with how our Laws are supposed to work must stop.
- The Coate Inquiry’s ludicrous ‘Creeping Assumptions’ theory,
- IBAC’s and Ombudsman’s definition of ‘immersed’,
- The suggestions of ‘grey’ corruption,
- And now the IBAC Commissioners ‘soft’ corruption
We can only assume that Soft corruption must be akin to the Claytons Theory, famously described as – “the drink you have when you’re not having a drink”.
There is one common underlying explanation for these inane references – incompetence.
The apparent strategy is, ‘Whatever you do, shift the focus from your incompetence.’
Based on the observations proffered by our integrity organisations, we could therefore categorise other crimes into grey or soft as a pre-emptive justification for lack of effective prosecutions or the need even to address these breaches of the law.
Can you imagine people using terms like ‘grey’ assault, ‘immersed’ in a breach of an intervention order or ‘soft’ drink driving’? According to the integrity guardians, only corruption can be dealt with under these new nuances.
This nonsense needs to be walked back. Corruption is corruption, and it is not subject to colour or textural variations.
We believe this attempt to change the corruption landscape is part of IBAC’s flawed understanding of its role. IBAC is NOT a court. We note that this is the way IBAC identifies itself on its website:
The Independent Broad-based Anti-corruption Commission (IBAC) is Victoria’s agency responsible for preventing and exposing public sector corruption and police misconduct. Our jurisdiction covers state and local government, police, parliament and the judiciary.
This is clearly about preventing or exposing, not defining, determining or justifying. It appears IBAC is straying from its own stated purpose in attempting to justify not referring matters for prosecution.
Surprisingly, neither the Judiciary nor the Government has not pulled IBAC into line and reminded the Commissioner that IBAC is not a Judicial body.
This State’s failure to detect and prevent corruption is not served well by an IBAC intent on trying to become an adjunct to the legal system instead of an essential and independent part.
Instead of worrying about the hue or texture of the corruption is; how about detecting and referring perpetrators for prosecution?
Instead of asking for money, we, the community, would like to see some tangible results for the millions we already spend on what seems an increasingly out-of-touch IBAC.
by CAA | Oct 25, 2022 | Library, Uncategorized
26th October 2022
In the latest strike in what can only be described as a media blitz, the IBAC Commissioner has again attempted to interpret the law.
The integrity entities are not only colour coding corruption (Grey), but now the texture is apparently relevant.
This is in addition to attempting to create new definitions for words.
In this latest attempt by the IBAC Commissioner to influence the way laws are managed, he put forward ‘Soft’ corruption as an apparent legal reality rather than a Commissioner’s wish to divert attention from the inability of IBAC to perform its function to avoid accountability for IBAC’s failures.
Since when does the texture or colour of a law determine or influence its application?
As part of the Commissioners media blitz, on October the 22nd, it was reported in the Herald Sun that he warned,
‘Victoria’s corruption watchdog has warned the centralisation of power around Premier Daniel Andrews’ private office has created an environment ripe for “soft corruption”.’
This tinkering around with how our Laws are supposed to work must stop.
- The Coate Inquiry’s ludicrous ‘Creeping Assumptions’ theory,
- IBAC’s and Ombudsman’s definition of ‘immersed’,
- The suggestions of ‘grey’ corruption,
- And now the IBAC Commissioners ‘soft’ corruption
We can only assume that Soft corruption must be akin to the Claytons Theory, famously described as – “the drink you have when you’re not having a drink”.
There is one common underlying explanation for these inane references – incompetence.
The apparent strategy is, ‘Whatever you do, shift the focus from your incompetence.’
Based on the observations proffered by our integrity organisations, we could therefore categorise other crimes into grey or soft as a pre-emptive justification for lack of effective prosecutions or the need even to address these breaches of the law.
Can you imagine people using terms like ‘grey’ assault, ‘immersed’ in a breach of an intervention order or ‘soft’ drink driving’? According to the integrity guardians, only corruption can be dealt with under these new nuances.
This nonsense needs to be walked back. Corruption is corruption, and it is not subject to colour or textural variations.
We believe this attempt to change the corruption landscape is part of IBAC’s flawed understanding of its role. IBAC is NOT a court. We note that this is the way IBAC identifies itself on its website:
The Independent Broad-based Anti-corruption Commission (IBAC) is Victoria’s agency responsible for preventing and exposing public sector corruption and police misconduct. Our jurisdiction covers state and local government, police, parliament and the judiciary.
This is clearly about preventing or exposing, not defining, determining or justifying. It appears IBAC is straying from its own stated purpose in attempting to justify not referring matters for prosecution.
Surprisingly, neither the Judiciary nor the Government has not pulled IBAC into line and reminded the Commissioner that IBAC is not a Judicial body.
This State’s failure to detect and prevent corruption is not served well by an IBAC intent on trying to become an adjunct to the legal system instead of an essential and independent part.
Instead of worrying about the hue or texture of the corruption is; how about detecting and referring perpetrators for prosecution?
Instead of asking for money, we, the community, would like to see some tangible results for the millions we already spend on what seems an increasingly out-of-touch IBAC.
by CAA | Oct 22, 2022 | Library, Uncategorized
23rd October 2022
Robert Redlich, please cut it out; you are embarrassing yourself and IBAC.
The IBAC Commissioner has recently taken to the media to argue a case for increased powers and funding for IBAC, inferring that the lack of these is the cause of their failures. They may well be contributors, but, just as with many other Government Officials, the mantra of ‘it’s not my/our fault’ is commonplace and the go-to defence to explain their failures.
When our integrity regulator will not take responsibility for maintaining the bar for integrity, it is little wonder nobody in Government will either.
That may well be the primary cause of IBAC’s failure.
Redlich’s media comments seemed like a thinly veiled crack at the Premier. We would remind the Commissioner that he did have the Premier in his’ cross hairs’, but he and the Ombudsman lifted the barrel as the shot was fired.
Being “Immersed” in the ‘Red Shirts’ artifice was the justification for no adverse finding against the Premier, and, with that, a new definition of the word was spawned.
If your Webster’s is not working for you, try your Funk and Wagnall.
It is time for you, Mr Redlich, and your Deputy to demonstrate true integrity and resign by example.
Things have not been too flash for you both in recent times.
Victoria’s Parliamentary Integrity and Oversight Committee released its report on the 6th of October 2022 relating to Public Examinations by IBAC. It can be argued that the report is a very significant slap down for Commissioner Redlich and Deputy Commissioner Wolf.
Both have sought to increase the frequency and availability of Public Examinations,’ Show Trials’, but they could not explain ‘unreasonable damage’, a concept central to the current justification for IBAC to conduct a public examination. A notion the average person would have no problem explaining.
“This is concerning to the (Parliamentary) Committee, particularly considering that Commissioner Redlich and Deputy Commissioner Wolf were unable to provide a clear explanation in the public hearing of the concept of ‘unreasonable damage’ and how IBAC determines what is ‘unreasonable’,” – Herald Sun-6/10/22
With this finding, the Committee has nailed the major anomaly in our integrity processes: Bureaucrats with unfettered power and no accountability to the principles of justice.
There could be an argument that it is the Parliament’s responsibility to set out what ‘unreasonable damage’ might mean by way of a definition. Still, IBAC has been applying a definition (or is supposed to have been) to all public examinations to date. Hence, it is totally reasonable for the Committee to ask what their definition might be and be critical because they cannot explain something they have been supposed to be regularly doing.
This also reflects equally poorly on the Victorian Inspectorate, which oversees IBAC and is not performing its task well either.
While Redlich and Wolf seek to gain more power, the Committee is wise enough to halt their power grab.
The CAA strongly believes that Public Examinations are abhorrent and should only be used in the rarest of circumstances, and should never be used to replace competent investigative skills and processes.
The CAA is not challenging the Coercive Powers already available to IBAC, just the ‘show’ part.
The Committee has sent IBAC to the naughty corner to do some homework.
“The committee, which currently has a majority of Labor MPs, recommended legislative changes that require the watchdog to draw up new guidelines clearly spelling out how to decide when this damage is unfair to the person being interviewed.” – Herald Sun -6/10/22
This is a bit like getting the fox to design the security for a hen house, risking devious accesses being installed in the design.
There is, however, a relatively straightforward solution to this issue.
IBAC or any other agencies with these powers should be required to apply to a Court for an Order to examine a witness publicly.
Hearings would allow the witness to challenge the Integrity Body to justify its application.
Remove the power from the Bureaucrats who, by the Committee’s findings, do not understand a fundamental principle like “unreasonable damage”, something one would not even need a Law Degree to understand.
Without being legislated, it should be possible for the bureaucrats, who in this case are both lawyers, to understand the concept of ‘unreasonable’.
However, as they cannot or will not, the Courts must determine the answer for each case; simply legislating a definition will not work, as what may be unreasonable in one case may not be in another.
The Courts can place any restrictions on the examination that it sees serves the best interest of the Law and maintains natural justice for the witness.
We argue that the Public Examination ‘Show Trial’ process is used as punishment or more damming, where poor investigations fail.
Moreover, the chance of a fair trial may well be compromised by public examination where the rules of evidence vary from what a court will permit in a subsequent trial, influencing potential jurors; a risk we should not countenance.
The transparency argument often put forward is also flawed as the logical corollary would be for people before being charged with murder, or other crimes should be publicly examined – an illogical and unacceptable proposition.
There is an argument that ‘Show Trials’ may elicit more evidence against a witness, which has allegedly happened in a few cases.
Former Queensland Police Commissioner Terry Lewis was convicted for corruption in 1991, and Politician Eddie Obeid likewise in New South Wales in 2021. Cases separated by thirty years and in different States are hardly a ringing endorsement for the benefits of ‘Show Trials’ or their usefulness in reducing corruption.
The CAA is not convinced that, although the additional evidence in these two matters may have been important, their subsequent convictions would have hinged on this information alone. We would expect a compelling case would have existed anyway; if not, it should have been with competent investigation.
Fundamental maxims that underpin our legal system diametrically contradict public examinations, arguably the 21st-century version of medieval stocks; punishment without trial.
No less of a luminary than Benjamin Franklin, a founding father of the United States in 1785, said,
” That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a Maxim that has been long and generally approved.”
Franklin was echoing Voltaire, pseudonym of François-Marie Arouet, recognised as one of the greatest French writers (circa)1749 who wrote.
“that generous Maxim, that ’tis much more Prudence to acquit two Persons, tho’ actually guilty, than to pass Sentence of Condemnation on one that is virtuous and innocent.”
And further, Sir William Blackstone, in his commentaries on the Laws of England in 1783, said,
“For the law holds that it is better that ten guilty persons escape than one innocent suffer.”
The numbers quoted by these luminaries are immaterial; the Maxim they promote is the key.
The argument for this Maxim is compelling and has stood the test of time, and should not be set aside.
The public examination of witnesses by Corruption Agencies contradicts this Maxim.
Otto Von Bismarck, a former Chancellor of the German Reich, was generally attributed with laying the foundation for the first and second world wars and expressed the opposing view.
“it is better that ten innocent men suffer than one guilty man escape.”
Proponents of the Public examinations tend to favour the Bismarck philosophy, and we are strongly inclined to the Franklin/Voltaire/Blackstone view.
The issue of not using the Police Force and its skills and resources to tackle corruption (crime) in the public sector seems ludicrous and if there is a problem that renders the Police Force unsuitable, then fix the Police Force.
If corruption (crime) is suspected, no matter who it is in the public employ, then the Police need to be the primary investigators.
If the Police need the support of coercive powers currently available to IBAC, a minor amendment to the Major Crime (Investigative Powers) Act 2004. This would allow Police, on the authority of the Supreme Court, to defer to the Public Examiner, who has and can exercise coercive powers; there is a compelling argument that corruption is a Major crime and should fall within the purview of the Public Examiner.
There will always be a need for an independent Authority to manage corruption involving Police. But such an authority, not saddled with general crimes committed by those on the public payroll, would be more cost-effective.
Victoria’s Parliamentary Integrity and Oversight Committee’s deliberations were motivated by the untimely death of a witness subjected to a ‘Show Trial’. Mistakes like this are completely unjustifiable under any circumstances.
That the Committee exposed that IBAC management could not explain the simple concept of what ‘unreasonable damage’ might be, is damming and highlights a need to consider if IBAC is fit for purpose.
The lack of tangible outcomes is another issue to be addressed. The very last thing we need is empire-building in this space – results would be more appropriate.
by CAA | Oct 20, 2022 | Library, Uncategorized
20th October 2022
The Chief Commissioner, to his credit, has announced that the idea of using former Police and community volunteers to release more police from non-critical functions is being examined.
https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/volunteers-to-man-police-stations-to-freeup-critical-frontline-officers/news-story/4274101112afbdc6e67b283ff3676803
The Community Advocacy Alliance (CAA) has long advocated for the reintroduction of a reserve of Police veterans to be used to free up operational members to put more police on the ground in the community.
There are thousands of police veterans in Victoria, and the wealth of their experience and knowledge is usually lost to the community. The ability of veterans to assist junior members and new supervisors at all levels should create improved work ethics for all police and help those at the coal face dealing with the rigours of policing.
Their experience and skills need to be harvested, not ignored.
What concerns us significantly is the inclination to consider community volunteers.
We acknowledge that many would be interested and capable but would have to refer almost everything to sworn officers, partly defeating the purpose.
Wayne Gatt of the Police Association is quoted in opposition to the idea,
“The fact remains when a member of the community attends a police station, odds are, they need to speak to a current serving police officer about a crime or current policing issue,”
He of course is fundamentally correct.
There are many issues that a member of the public would not want to discuss with a civilian volunteer as they would a Police employee who is not a sworn member.
A Police reserve member, however, with their experience, would, in many circumstances, be better equipped to deal with the counter and phone issues at a police station than a trainee or inexperienced police member.
Simply having somebody to answer phones and man the counter is not of great value if everything has to be referred on, that is inefficient.
Amendments to the Police Act will be required to cover and enable the reserve members, but the work to achieve this will reap the rewards and elevate VicPol as the innovative Police Force it once was.
A financial component for Veterans commensurate with their duties must be included because it will put a tangible value on their work and motivate the uptake of the initiative.
We are also concerned that the press article reports a police spokesperson said that,
“explorations are in their very early stages”, but it was looking at staffing models across the globe for inspiration.
Rather than looking at staffing models across the globe, there is a model already existing in Australia that can be easily adapted and will adequately serve the need. The program has been well tested, and modification would be easier and more cost-effective than starting from scratch.
We refer to the ADF SERCAT – TOTAL WORKFORCE MODEL
https://defence.gov.au/ADF-TotalWorkforceModel/Docs/180824-TWM-Master-Presentation.pdf
All the challenging work has already been done by the ADF, SERCAT project.
The key to this approach means that the Reserve members will not be an undue continual financial burden as they will be used as a reserve should.
In normal circumstances, there would be one level of engagement, but the capacity to have vastly improved surge capacity for the Force is a highly desirable attribute and well overdue. Again, this is a lesson well demonstrated with the COVID issue.
With the value of hindsight and an adequate Reserve capacity, we can reflect that VicPol could have responded to the Quarantine issue as the emergency demanded, and 800 lives may have been saved or the loss reduced.
This initiative by the Chief Commissioner is a once-in-a-generation opportunity to address the failings of VicPol and provide the community with the level of service they are entitled to but are not receiving.
In at least the foreseeable future, the ability to recruit sufficient numbers of quality police is problematic, and rather than drop standards that will have future detrimental consequences, a reserve force is highly desirable and practical.
Every call unanswered, job not attended, or attendance delayed can be seen as a failure of VicPol.
That needs to be fixed.
Whether there is justification or not, it does not help the community if they are not told.
Communication is the key to service delivery; Reserve members could help address this need.
