Victoria can be forgiven for collectively exercising a sigh of relief at the announcement by the Allan Government about Bail Laws, Herald Sun 4th February 2025, but relief may well be premature until we see the new plans because we are not hopeful that the Government has seen the light and is proffering a solution to the worst crime rate in Victoria’s history and this may not be the silver bullet of Victoria’s hope.
The government only appears to view the problems through a narrow prism which will not lead to solutions that altering the Bail Laws is promoted to achieve.
We are not confident because the Premier has called an ‘immediate review’. Yes, that is the get-out-of-jail card so often brandished by politicians in a corner.
Pardon our scepticism, but we have seen all this before. No meaningful outcome will be achieved as the people called upon to conduct this review are the same people who advised the government on the ‘New’ crime laws passed into legislation less than six months ago that achieved little if any positive impact; at least, there is no noticeable change in the way the Courts or Police are operating that is visible.
The probability is not high that a new review by the same people and departments will expose how they got it all wrong last time.
What will happen is that the review outcome will exonerate the previous architects; the new review will see to it.
The irony is that the Premier does not even recognise the problem she is supposed to be dealing with.
There is no argument from us that the Bail Laws must be tightened, as must the judiciary’s discretion, as they will find ways to bypass possible changes to the Law.
And yes, if this is done correctly, we will see an improvement in the Law-and-Order space, but we cannot be complacent, as the crime issue will not be addressed by one magic (or not-so-magic) bullet.
All the changes in the Bail Laws may be thwarted by the judiciary, who have all seemingly overindulged in the Restorative Justice cool-aid.
The review must include how the independence of the judiciary can be retained while complying with any new strategies introduced.
Judicial accountability would be a good start.
Of equal importance is an understanding that crime prevention is the most cost-effective strategy to reduce crime. Stopping crimes happening first rather than dealing with the miscreants after they commit crimes makes absolute sense, but that does not sit well with some ideological advocates.
Seen often as the soft option, in Police parlance, Proactive policing is the only strategy shown to work.
The power of police foot patrols interacting with the community regularly is one of the most underrated weapons in the Police arsenal, but Victoria Police would instead put resources into the plethora of Task Forces and any other groups that are targeted at a particular crime after the event. We believe there are literally thousands of Police tied up in special target groups at a State and local level.
There will always be a need for some Task Force groups. Still, VicPol has become so addicted to them that they see no other alternative strategy, and there is no evidence that the Task Force approach actually works. With a rising crime rate, it is highly improbable they have any impact on the overall crime, only spasmodic impact on particular offenders who immediately get bail anyway, so the Police Task Force has been a waste of time.
Victoria has proven beyond any shadow of a doubt that recently developed strategies in combination promote /facilitate crime, not reduce it.
As we have pointed out previously, children do not enter this world with an ingrained criminal disposition; all criminal values are taught, so early intervention in a child’s development is critical, and the formative Primary School Years are the logical target area if a difference is to be achieved.
If a large percentage of police resources dedicated to Task Forces were redirected to early intervention, we would see a dramatic decline in crime.
Police performing their proper function would also see the Force attracting more recruits and retaining those they have.
The Premier would do well to ask the community what strategy they would prefer.
After all, they have to live with the consequences of whatever is implemented- this review must focus on Service Delivery as their guiding principle.
This article, with comments submitted by James Basham, will be of great interest to the majority of our readers as it identifies quite clearly how the government is bereft of effective strategies to deal with terrorism and has headed down the path of a system that is loosely based on the failed Restorative Justice approach to problems in our society.
The Government really need to secure pragmatic thinkers who are not distracted by ideology to focus on how to best manage radicalisation in our society.
Critically, as this author points out, there is an absolute need for whatever system or strategy is adopted it must not bypass the current legal system, with all its flaws.
Establishing whether an individual has been radicalised based on a burden of proof of ‘the balance of probabilities’ at least gives a fair starting point to protect the wrongly accused and allow the community to defend itself.
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EXTRACTS FROM THE EXECUTIVE SUMMARY OF THE AUSTRALIAN INSTITUTE OF CRIMINOLOGY (AIC) REPORT TO THE DEPARTMENT OF HOME AFFAIRS (DHA) REGARDING COUNTERING VIOLENT EXTREMISM (CVE) – AND COMMENTARY
Australian Institute of Criminology (AIC) was engaged to conduct a process and outcome evaluation of the Living Safe Together Intervention Program (LSTIP). The evaluation focused on reviewing the different models implemented in each jurisdiction, the underlying theory of change, and early indicators of positive outcomes for at-risk or radicalised individuals. The evaluation involved two principles [sic] methods—a rapid evidence assessment of effective Countering Violent Extremism (CVE) interventions and an extensive, national consultation process with stakeholders involved in the program.
THE RAPID ASSESSMENT OF ONLY POSITIVE INTERVENTIONS, TOGETHER WITH EXTENSIVE STAKEHOLDER CONSULTATIONS, ALLOWS AND PREDICTS A SERIOUSLY BIASED REPORT. IT’S UTILITY AND VALIDITY IS QUESTIONABLE… Author
When the LSTIP commenced, there was some uncertainty as to the scope of the problem and the degree to which a dedicated intervention program was required. There is an established, recognised and agreed need for the program.
THIS POINTS OUT THAT THE PROBLEM WAS ILL-DEFINED, IF AT ALL. THE LSTIP WAS A “GOOD IDEA” LOOKING FOR A PROBLEM TO SOLVE. LSTIP WAS APPLIED TO THE ILL-DEFINED PROBLEM. BUREAUCRACY IS THEN SEEKING TO JUSTIFY THE EXISTENCE AND REFINEMENT OF A SYSTEM THAT HAS AN ILL-DEFINED OR HIJACKED PURPOSE. THE LSTIP MAY DELIVER SOME COMMUNITY VALUE, BUT IT DOES NOT SQUARELY ADDRESS COMMUNITY NEEDS FOR SECURITY AGAINST RADICAL EXTREMISM – NOR SHOULD IT BE PURPORTED TO DO SO… Author
The program has become embedded within broader counter-terrorism response with the level of intervention activity commensurate to relative threat level and demand…..
FALLACY. THE PROGRAM IS NOT “…COMMENSURATE WITH THREAT…” DURING JANUARY 2025, RADICALISM IS OUTPACING AUTHORITY’S PROTECTIVE POWERS TO PREVENT COMMUNITY HARM. THE PROGRAM CAN BE EXPECTED TO CONTINUE TO FAIL TO DELIVER COMMUNITY SECURITY – EVEN IF LEGISLATED… Author
The programs are embedded as part of the broader counter-terrorism response in each jurisdiction, providing a viable alternative to arresting and monitoring at-risk individuals. All of the Intervention Coordinators can case manage clients who are referred to the program.
IF DEMONSTRATED VIOLENT RADICALISM IS THE MEASUREMENT CRITERIA, THE PROGRAM IS NOT WORKING SUCCESSFULLY – IT IS NOT VIABLE. OFFENDERS ARE FREE TO CONTINUE THEIR DAMAGING ACTIVITIES, EVEN THOUGH PERHAPS A LITTLE MORE SOCIALLY ORIENTED DUE TO THE PROGRAM. THE COMMUNITY EXPECTS AND ACCEPTS THAT OFFENDERS INVOLVED IN DRIVING UNDER THE INFLUENCE (DUI’s ) OR APPREHENDED VIOLENCE ORDERS (AVO’s) ARE ARRESTED AND/OR MONITORED. THE LAW PROVIDES FOR NUMEROUS CONTROLS TO BE APPLIED. SIMILARLY, SO SHOULD THE LAW BE APPLIED TO VIOLENT RADICALS DUE TO THEIR SERIOUSLY NEGATIVE EFFECTS ON COMMUNITIES – REGARDLESS OF AGE OR GENDER, WHICH APPEAR TO HAVE NO BEARING ON THE OFFENDING.
ALL INTERVENTION COORDINATORS ARE SAID TO HAVE THE CAPACITY TO MANAGE REFERRED CLIENTS – WHICH THAT MANAGING FOR COMPLIANCE TO THE INADEQUATE SYSTEM IS A FUTILE ACTIVITY…Author
The number of clients who have been engaged in the intervention program differs between the states and territories but appears to broadly reflect the threat level and demand in each jurisdiction.
OBVIOUSLY, THIS DOES NOT WORK TO PROTECT THE COMMUNITY BECAUSE OFFENDERS OFTEN ARE ACTUALLY REPEAT OFFENDERS – THE PROGRAM IS POWERLESS TO PROTECT THE COMMUNITY. THERE IS NO EVIDENCE OR LOGIC PRESENTED THAT SUGGESTS THAT THE PROGRAM HAS PREVENTED RADICAL BEHAVIOUR – IT’S CONSPICUOUS BY ITS ABSENCE IN THE REPORT… Author
There was broad agreement that the CVE Intervention Coordinators are committed and highly skilled individuals who have effectively established and monitored the various processes necessary for the operation of the program.
THAT’S ABOUT PROCESSES – MANAGING FOR COMPLIANCE TO THE INADEQUATE PROGRAM. IT’S NOT ABOUT OUTCOMES THAT ARE EFFECTIVE/PROTECTIVE…Author
The ability of Coordinators to form relationships with other agencies to develop referral pathways and deliver services to clients was noted as being particularly well-developed. They are proactive in identifying implementation barriers but have, at times, had limited capacity to overcome these issues.
COORDINATORS ARE PROACTIVE AND CAPABLE AT IMPLEMENTING A PARTICULARLY WELL-DEVELOPED SYSTEM – THAT SYSTEM LEAVES THE COMMUNITY VULNERABLE AND LEAVES OFFENDERS FREE TO REPEAT/RENEW THEIR OFFENDING. THE RELATIONSHIP BETWEEN THE SYSTEM/PROGRAM AND COMMUNITY SECURITY IS, AT BEST, TENUOUS..Author
…….case plans are tailored to individual needs; interventions focus on positive community integration and participation with a view to building clients’ social and emotional resilience to extremist ideologies and introducing positive influences into their social network; and access is provided to mental health services that address issues with psychopathology and antisocial traits.
WONDERFUL!!…… BUT THERE ARE NO INDEPENDENT EXTERNAL DISINCENTIVES TO DOING RADICAL COMMUNITY HARM. TOLERANCE FOR COGNITIVE DISSONANCE IS INTERNALLY CONTROLLED. SELECTIVE PERCEPTION AND CONFIRMATION BIAS HAVE PROBABLY BEEN INSTRUMENTAL IN DEVELOPING RADICALISM IN THE FIRST PLACE, AND THEY WILL CONTINUE TO APPLY TO RESIST EXPERIENTIAL LEARNING BY CLIENTS IN THE LIVING SAFE TOGETHER INTERVENTION PROGRAM (LSTIP) SYSTEM. LSTIP CLIENTS, WITH THEIR NEWFOUND SOCIAL AND EMOTIONAL RESILIENCE, MAY THEN BE EVEN BETTER EQUIPPED TO RETAIN AND CAMOUFLAGE THEIR REAL ORIGINAL VIEWS AND TO INFLUENCE OTHERS ADVERSELY… Author
However, interventions focusing on developing critical thinking and empathic skills, and those specifically focused on countering extremist ideological messaging in some way, are not being used.
THE MAJOR FOCUS OF BUREAUCRACY IS TO MAKE THE “CLIENT” FEEL LOVED [AND THEREBY ENCOURAGED TO FEEL GOOD ABOUT THEMSELVES] RATHER THAN PROVIDING THEM WITH KNOWLEDGE AND SKILLS TO FILTER INPUTS OF OTHER RADICALS AND TO UNDERSTAND THEIR IMPACT ON INDIVIDUALS AND COMMUNITY. EVEN IF THIS SERIOUS SHORTFALL WAS ADDRESSED, IT MIGHT NOT BE SUFFICIENT TO OVERCOME THE CLIENT’S TOLERANCE FOR COGNITIVE DISSONANCE [AS ABOVE]… Author
This includes improved access to mental health services, improved confidence and self-worth, forming prosocial relationships with peers, enhanced social and independent living skills, increased employability, and improved access to various government and non-government support services. There are positive signs of attitudinal change among young people with extremist views, but mixed evidence in relation to changes in behaviour and how these attitudes had manifested. ………………..there is a clear need to develop mechanisms for monitoring the progress of clients and measuring the impact of the intervention program across relevant outcome domains.
BUREAUCRACY FACILITATES/ENABLES OPPORTUNITY FOR CLIENT/OFFENDERS TO SPREAD THEIR RADICAL INFLUENCE FURTHER – AND FEEL GOOD ABOUT IT……..DESPITE HAVING “…limited data available on the impact of the intervention program”. IN THE REPORT, THIS IS HEADED AS “…promising evidence of positive outcomes….”
ACTUALLY, THE COMMUNITY IS LEFT VULNERABLE BY UNCERTAIN OUTCOMES OF A PROGRAM THAT IS NOT KNOWN TO BE EFFECTIVE.
THE EXECUTIVE SUMMARY OF THE AIC REPORT WINDS UP WITH A DAMNING STATEMENT ABOUT THE SHORTFALLS OF THE PROGRAM [LSTIP]:…Author
Among the most pressing issues are the absence of appropriate, consistent and formalised case management processes, different opinions about who should be included in the program, and concerns about the suitability of the s. 47E(d) tool, barriers to information sharing, the lack of consistent agreement about the aim of the program and definition of success, unanswered questions regarding the need for an intervention component, and concerns about the longer-term sustainability of the LSTIP.
THE LSTIP PROGRAM MAY DELIVER SOME DESIRABLE SOCIAL OUTCOMES, BUT IT IS NOT THE ANSWER TO VIOLENT EXTREMISM IN OUR COMMUNITY.
IT WOULD BE IRRESPONSIBLE TO LEGISLATE INTERVENTION ATTENDANCE BY EXTREMISTS IN THE MISTAKEN BELIEF THAT IT IS A SOLUTION TO THE SECURITY PROBLEMS THEY PRESENT.
If we are accused of banging on about the role of Police and schools, we plead guilty as charged.
The reason is two irrefutable facts.
Firstly, all, and we mean every one of the juvenile miscreants who are terrorising our community, go through the education/schools system.
Non-attendance is the first indicator of those children who need special attention.
So it is without apology that we push for that being the place to start, ground zero of criminality, and the Police must play a critical role in this.
After much criticism of VicPol by us and others of the lack of a Police in Schools Program (PSIP), a quasi-Police Schools program was introduced. This role was added to the commitments of police, who were already overloaded. And it is the next best thing to useless in this fight. It is unfair to the members and has extremely low effectiveness in the crime fight.
The reason this pretend program won’t work is that by its nature, it is spasmodic, and children only respond to regular commitments and will only develop meaningful relationships with the Police member as a person if the relationship is stable. It is precisely the same as teaching children about mathematics learning by rote and consistency. It is also the same dynamic that builds effective families- consistency.
It should also be accepted that a contributing factor in the attrition rate of Police is the lack of proactive work being undertaken. The Police members see the impact of juvenile crime and the lack of diversion available to them to steer young people away from crime, leading to their frustration with the policing role’s effectiveness.
There can be no better example of frustration leading to the loss of a very competent Police officer than the Opposition leader, Brad Battin, who was heavily involved in Operation New Start, a police volunteer organisation partnered by teachers and Service Club Members who worked together to ensure young people got to and stayed at school.
VicPol allegedly cancelled the program on the basis that it was too labour-intensive. That the program worked very well was not a consideration. The program was scuttled. Brad had had enough and resigned from the Force.
Now mature adults who went through the original Police In Schools Program can still and often do quote the name of the Police member who helped guide them many years ago, which is an accurate measure of the effectiveness of that program.
Being at the school on the same day at the same time to deliver a structured curriculum is the key, and anything less is of seriously questionable effectiveness and rates in the category of spin, something to distract critics.
The Government, Police or even, to a lesser extent, the schools tend to overlook the inescapable reality that amid those students walking through the door for their first day of school are the future juvenile offenders who will end up wreaking havoc in our community.
The community is getting sick and tired of bureaucratic buck-passing and inaction as those responsible seemingly take no action to stem the tide.
We cannot point to one initiative the government has introduced that stems this problem.
On the contrary, the government has introduced initiatives that feed into the juvenile cohort and are irresponsible.
The raising of the age of criminal responsibility allows those children who start their life of crime at a young age to escape any sanction to modify their behaviour until they are sometimes three to four years older. By then, they are well entrenched in the criminal sphere – too late to berate or lecture because it won’t work.
Softening Bail and custodial sentences to the point of abolishing them also feeds into the rise of juvenile crime, as there are no consequences for their behaviour. Moreover, criminal enterprises, whether local or large ones, can entice young people to commit crimes on the basis that nothing will happen if they are caught.
The second irrefutable fact is the solutions are in front of them.
Having programs to ensure school attendance and building relationships between the children and the Police as the symbol of authority in the classroom and socially at Blue Light Disco’s will work.
The highly successful Police In Schools program, Operation New Start, a program that got kids to school, and Blue Light are three initiatives that need to be urgently reintroduced to arrest the rot, devastating the future of too many of our children.
It is sad that Blue Light, which started in Victoria, is thriving in every other state and territory, with many Blue Lights operating in other countries but very few operating in Victoria.
These programs fed off each other and were highly successful when they were introduced.
The Force continues to promote the notion that they are understaffed, and to a degree, this may be true. However, staffing is all about priorities and stopping crime before it happens must be rated as the primary use of resources.
Any run-of-the-mill manager can achieve more productivity with more or unlimited staff; whether they are effective is moot; it takes a leader to prioritise the way out of the imbroglio of juvenile crime.
Crowing about arrests, as is often the case, as the police executive bustle to promote their performance; sadly, catching crooks is a higher priority than stopping crime in the first place. Task Forces are prolific, but not one is dedicated to stopping crime before it happens. They are all reactive, responding to demands that have occurred.
The frontline Police know what must be done; only the Executive seem to have their heads in the sand, hoping the problem will go away instead of making the hard decisions to change the course of criminality and Force priorities.
VicPol may even slow the exodus of police from their careers if members realise that they can become involved in meaningful programs that make a difference. Simply taking the miscreants to court to be continually bailed and then at court hearing all the excuses as to why the perpetrator should not be locked up to protect the offender from themselves and the broader community is extremely frustrating for police who know that there are better ways.
Often, understated is the financial impact on all victims as they open their annual insurance bills to see substantial increases and no matter how those increases are subject to spin, the reality is that insurance companies do not lose money as they adjust their premiums to the claims. With out-of-control crime, those premiums are skyrocketing.
Crime prevention is just as, or even more critical than, arresting criminals; just ask the victims.
TERRORISM (COMMUNITY PROTECTION) AND CONTROL OF WEAPONS AMENDMENT BILL 2024
The principles of this legislation are flawed.
PART 1 TERRORISM COMMUNITY PROTECTION
There is nothing in this amendment that would in any way improve or provide any Community Protection.
The concept of this Bill as a community protection initiative is absurd as it identifies at-risk individuals and invites them to volunteer for the MAP program.
And there are serious questions about the efficacy of deradicalisation programs.
As reported in the Herald Sun on 15th of Jan ’25, under the banner ‘Deradicalisation programs have mixed impact, report says’,
“Deradicalisation programs have failed to change the behaviour of high-risk individuals authorities fear could commit acts of terror in Australia or produce data on whether the initiative actually works.
Further, there have been a small number of cases where the risk associated with clients had escalated and required the involvement of law enforcement.”
The revelations come amid rising reports of antisemitism and after a spate of attacks by individuals in deradicalisation programs last year”.
This report highlights the folly of relying on bureaucratic processes to manage such an important function to protect the community instead of the legal system.
If legislation is deficient, correct it and empower the law enforcement process to manage these extremists. Courts can at least make binding orders to mitigate risk, something the bureaucracy can’t do.
We were stunned to discover two operational deradicalisation programs, LSTIP and MAPS.
Establishing a deradicalisation industry is obviously on its way, which leads to suspicion that the growth of this industry has more to do with the players involved in creating their quango rather than protecting the community, which appears to be a by-product at best.
Again, this initiative is designed to help the perpetrators, not the public. The perpetrator-first approach is the hallmark of Restorative Justice, a flawed approach to crime and/or antisocial behaviour where the perpetrator is rewarded rather than punished.
The reliance on deradicalisation is a significant flaw as there is no empirical data to suggest the likelihood of success and no reliable mechanism to guarantee that deradicalisation has been achieved; the expert consensus is that it has a hit-and-miss success rate.
To rely on such a system to protect the community is an abdication of the government’s responsibility and should something go awry. The government should be held accountable alongside the perpetrator.
How is this protection manifested? How do the Community feel protected,
The community do not know who these individuals are, where they are located and the circumstances of their radicalisation.
A family may choose to change their circumstances if they become aware of somebody close being identified as being either potentially or actually radicalised. Moreover, the employment arrangements involving the perpetrator may vary legitimately when an employer finds out an employee is on that path.
Why should the community be left in the dark? That is not community safety. It is protection for the perpetrator.
The amendments do not address these issues, leaving the government with substantial liability if things go wrong, and they fail to let people know the risks.
We live in a democracy, and nobody should be exposed to sanctions by the government bureaucracy. This is an unambiguous role of the courts. The High Court has had plenty to say about this question recently.
The volunteer nature of persons entering the MAP program leaves open the allegations of coercion to volunteer, such as” Have we got a deal for you”?
As for the perpetrator, there appears to be no effort to include protection for their rights once they are nominated as potentially or actually being radicalised. At what stage can their rights be interfered with is, or should it be a matter for a Court, not the bureaucracy?
The failure to process suspects in the normal consequence through the Courts is a failure of democracy – they are voluntarily coerced into accepting they are radicalised, and they are entirely processed administratively, losing all rights.
The high court has been clear on the application of penalties by bureaucrats and not the Courts, and no matter how much bureaucrats may pretend otherwise, MAPS and LSTIP are sanctioning.
We are not arguing against the concept of deradicalisation, but we are saying that the courts, not bureaucrats, must manage it. At least that way, the radicalisation has to be proven beyond a reasonable doubt or on the balance of probabilities, not some obscure administrative process.
If the current offences do not adequately cover these situations, new legislation must be enacted to ensure the Courts manage these people.
A parallel to understanding the folly of this approach would be to have the community advise a bureaucracy of a regular drunk driver. That driver is offered an alcoholic program but continues to drive under the influence.
A second and more current initiative is Pill Testing, where the government will test your illicit pills and give you the green light to take them. They are still illicit, and the tests only cover the pill presented, not the ones being consumed.
Their efforts, and there are more, indicate a trend where any personal accountability and responsibility is diminished and fuelled by government intervention.
The long-term result will be the diminished need or perhaps elimination of some courts as their function is demoted so that governments can control these matters through their bureaucracies. We will all then live in a Restorative Justice nirvana.
The cost of a democracy designed to manage the individuals without checks and balances the Courts would provide is horrendous, and the energy expended would be far better used to fit the suspected radicalised individual with an ankle bracelet based on a court order.
That would protect the individual from malice by false accusations and protect the community, whereas the voluntary program will not.
Part 2 CONTROL OF WEAPONS AMENDMENT BILL 2024
The Control of Weapons Bill amendments should repeal the whole Act and ensure that police have the power to do their job. This is a switch-on-switch-switch-off approach that is clearly aimed at controlling police operations without the expectation of any positive outcome, either proactively or reactively.
It is also a dangerous and direct attack on the essential independent operational function of policing.
It is ludicrous for Police to declare an area subject to exercising powers unless an improbable agreement can be made that all perpetrators restrict themselves to the given controlled area.
Controlled weapons do not gain status by being carried in a declared area, so the concept of controlled areas is absurd. They are always a controlled weapon no matter where they are carried.
The perpetrators only need to avoid the area to avoid detection – that doesn’t stop the problem; it simply relocates it. If anybody is found by Police with a weapon in the declared area, they obviously didn’t read the paper. The foolhardiness of this approach is the people who carry controlled weapons are most unlikely to read the paper or go online to the police site to check where the police operations are.
This strategy follows the line of the approach to the drug problem – providing injecting facilities – providing drug paraphernalia to addicts, and testing pills, all deliver the same message that these things are not really illegal because the government is facilitating them.
That’s how the warnings of declared areas will be interpreted.
The weapons are the same; therefore, perpetrators must be subject to the same risks of getting caught irrespective of where they are and when.
If the legislation is deficient in this area, the amendments must enhance the ability of the Police to intervene in the carriage of any controlled weapon.
Anybody carrying a controlled weapon in any place at any time must be able to be arrested and prosecuted. Police must have the power to search and seize based on reasonable suspicion. Reasonable can be tested by the courts.
A headline in the Herald Sun on the 21st of January 2024 stated that reported crime at schools is at a 10-year high, with classroom crimes hitting 120 times a week.
While a percentage of offences have been after hours, with schools needing to suspend 90 students daily, a real problem of discipline is exposed.
Further, if anybody does not see the correlation between crime in our schools and the upsurge in juvenile crime, more generally, they have their head in the sand.
These problems can’t be reasonably palmed off as crimes by others outside school hours; there is an inescapable nexus between the school environment and after-hours crime, for the most part.
Nothing in the statistics would indicate that the students are not responsible for much of the after-hours of crime.
Schools should be a place of learning, and learning to be a criminal is not one of the skills we would embrace.
It was reported that schools can exercise discretion as to whether to report an incident to the police, and this is part of the problem leading to inconsistencies in crime responses.
Police are the only ones with the legislative power of discretion, and when a crime comes to the notice of a school, it must be reported to the police; if not a legal obligation, the school has a moral one to the whole school and general community, to which it is responsible. Protecting a student from an investigation is not the school’s role, as the investigation is how the truth will be determined; schools are not equipped to perform this function.
That this problem has reached this stage indicates that Victoria Police have had their priorities wrong and have had them wrong for nearly 15 years.
Interestingly, the CAA was established 10 years ago this year to address the issue of the Police’s failure to manage youth crime adequately.
Central to the management of youth crime is the reintroduction of the Police in Schools Program (PSIP)
The current schools program Victoria Police currently operates, is a shadow of the real program and probably no more effective than no program. You can’t expect positive results from a spasmodic ‘half-hearted’ approach. The ‘when we have time to do it’ approach will not work.
The CAA tried to establish a Police Veterans in Schools Program, and despite the best adverse efforts by the then Chief Commissioner Ashton to stymie the program, it was thwarted in the end by COVID-19. The first Police Veteran to enter a school under this program coincided with the introduction of COVID restrictions.
We recruited the first 12 schools we approached, and recruited a number of Police veterans to service them following the PSIP curriculum model.
Unfortunately, we are not well enough resourced to try it again. Still, there is no reason that VicPol could not recruit retired members to fulfil the Police in Schools Officer role, reducing the impact on other operational needs.
The argument proffered is that VicPol’s resources cannot support such a program. Still, Policing is about priorities, and when the Force has a reactive corporate mindset, proactive work to prevent crime pays the priority price.
Ironically, the Chief Commissioners in recent history who have achieved outstanding results each had the balance between proactive and reactive about right, and crime was managed. We also had a much safer State and a Police Force that was highly respected and engaged.
These shocking statistics are the responsibility of the current Chief Commissioner and the Police Executive, nobody else, and it is within their remit to resolve the matters.
The place to start is the schools. Don’t blame the parents, the legislators, or the courts, although they play a part in it. The blame is sheeted directly to the Force management. Excuses are a sign of inept managers. It is no doubt they will argue they haven’t got the resources, but they haven’t got the resources not to do it either.
We understand there is currently an internal management review in place, which would provide the opportunity for a good look at the Force’s priorities and effective management of resources.
This review must go beyond just ‘shuffling the deck chairs’ to make it look like the Force is doing something, but experience tells us unless the review addresses all the causes, nothing much will change.
One area that needs serious re-evaluation and de-prioritising is the task force groups; historically, they have been the easy go-to tool of police management, but the impact on the ability of the Force to provide adequate policing overall is adversely impacted and rarely a consideration, generally leading to more crime than the Task Forces are set to address.
There will always be a need for some Task Forces, but their establishment must be carefully managed as once established, it is very hard to invoke a sunset clause to their operation as the participants quickly gain a comfort factor in the privilege of working on a Task Force, being able to ditch their uniform in favour of a US Special Forces style dress up, generally avoiding shift work and gaining their rest days predominately on weekends, a cherished part of work-life balance not shared by Police working on stations, the real front line.
These task forces aggravate the operations of VicPol because the best and brightest, hardest workers are usually selected for these roles seen as prestigious, leaving stations void of experienced police.
It is too easy a solution to any crime outbreak to establish a task force or a targeted group by any other name. These groups are often given other titles to avoid the perception of the incorrect weighting of this type of policing.
As an example of the types of inefficiencies, a drug dealer moved into our local area and openly traded his wares predominantly on a Thursday. Lines of cars would enter the street with a line of people all carrying similar $2 candy-stripped carrier bags, obviously containing ill-gotten gains to trade for drugs.
The community reported the matter with an offer of an observation post in the house directly opposite, which was readily accepted by the Police.
This criminal activity was blatant to the degree that the transactions could be seen clearly from the observation point.
The community expected the matter to be resolved within a couple of weeks, maybe, but the activity continued for over three months, with the Police observing and the crook expanding his business to a nearby rented factory, so prolific was the activity.
A properly planned and orchestrated police operation could have netted numerous thieves and drug users on many occasions, including the primary offender, and the result would have been no less effective than dragging it out for over three months; after all, the penalty is the prerogative of the courts and all this extra work, we would argue, would not add to the severity of the sentence once the primary perpetrator was eventually arrested. However, the delay would adversely contribute to the crime statistics.
One thing is for sure: the responsible citizen who tolerated the disruption to their family by Police sitting in their front room for months on end, 24/7 will not offer that privilege to the Police again. Particularly, when technology could have achieved better quality evidence.
Alienating the citizens who hitherto supported police is not good policing by any measure.
A pragmatic measurement of this operation would demonstrate that when all matters are taken into consideration, it was inefficient and poorly managed.
The question, therefore, arises of how many other similar operations are inefficient and should have their resources redirected to proactive prevention measures and the operational front line.
A new Magistrate appointment dedicated to dealing with repeat juvenile offenders has been announced, Herald Sun 20th of January 2025.
Does this mean the Government has lost confidence in the magistracy of this State to deal with repeat offenders, or is it nothing more than a ploy to give the appearance of doing something? Given that they haven’t addressed a primary cause, the failure of legislation, this is probably only a political spin.
As they say, the proof will be in the pudding, but we are not confident that anything will change.
When reviewing this Government approach to juvenile crime, to suggest it is ‘lacklustre’ is an understatement.
More than half the Children’s Courts across the State have been closed, and weak bail laws allow juveniles to ‘give the thumb’ to authority.
A whole cohort of juvenile offenders has been excluded from the Justice system by raising the age of criminal accountability; therefore, the younger cohort offends with impunity and avoids accountability, so no intervention can occur to steer them away from joining the ranks of the repeat offenders.
The youth crime surging to a 14-year high is only the beginning, not the end; we have more pain to come. And that is the pain suffered by the victims whilst the judiciary is immune.
If the government has not lost faith in the Magistrates of this State as this appointment indicates, the public certainly has. Young thugs, by their actions, treat the Courts, at best, as an inconvenience or, more likely, a joke.
Continually, we read how young thugs are bailed for various very serious crimes that are committed while they are on bail for equally serious charges.
It is not uncommon for thugs who have been bailed on multiple occasions, sometimes 30-50 times, to be granted bail again. And that is ridiculous and unconscionable. This is aggravated by the rising age of criminality, where there is no intervention to redirect the younger juveniles but instead teaches them there are no consequences for their criminal actions.
The Government is blind or ignoring the causes; where do they think the quantitative surge in juveniles is fed from? It is the 8-12 year olds providing the impetus.
Figures previously released to the Herald Sun revealed more than 100 kids aged between 10 and 17 years old were involved in at least 30 crimes each in 2024.
That number has tripled over the last five years.
There were just 34 youths offending at a minimum of 30 crimes a year in 2019.
The 103 repeat offenders recorded last year carried out at least 3090 crimes in 2024 alone, an average of eight offences per day.- Herald Sun.
The actual number of offences committed is doubtless very much higher.
The major problem is either the structure of legislation currently in vogue or the judiciary have steered away from convention and have embarked on ideological fantasy escapade, or both, which is our pick.
It was not so long ago; Police were reporting that 30 or so prime thugs were committing the majority of the crimes. That has now not only been debunked, but the number has tripled to 103.
How the appointment of one Magistrate will rectify the anomalies of a broken judicial process is beyond comprehension.
An outstanding omission in the Government’s response was the limited reference to Victims by the Youth Justice Minister quoted as saying,
“We know there is a group of repeat offenders driving the rise in serious crimes – that’s why we’re taking action to hold them to account while offering support to help young people turn their lives around.”
Youth Justice Minister Enver Erdogan said: “This is another important step in delivering a justice system that protects the community and rehabilitates young people”.
“We want to help victims get closure by holding young people to account and helping those heading down a wrong path realise the effects of their actions.”
Minister, if you want to help victims, helping them get closure genuinely is arrant nonsense. How about first stopping the crime and the impact on victims? How about re-introducing some of the past programs, not just paying lip service to the past programs but genuinely embracing them? Why do you want to turn lives around rather than stop them from offending in the first place, which would be the sensible approach?
The key is directing young people away from crime before, not after the fact. It is called prevention.
We are seeing disturbing reports of student misbehaviour in schools, and yet the proven Police in Schools Program, Operation New Start and Blue Light, has not been embraced to deal with this; instead, a facsimile to look like the original police school program is touted but it has not been demonstrated it works. A mere shadow of the real program.
We are unsure, but the age change to criminal liability may have completely scuttled the Police Cautioning program, the real bulwark against younger children moving through the criminal spheres to become the next generation of repeat offenders. Although it can’t be quantified accurately, the Police Cautioning Program was responsible for diverting vast numbers of young people from a life of crime.
We wish the new Magistrate well but are not hopeful that she will make a scrap of difference. At the same time, the Government fails to acknowledge and address their failures in relation to Bail, other legislative blunders and Police operational failures that feed this growing problem.
With this new Magistrate’s depth of experience, she should first be tasked with reviewing the legislation to make it effective, and then she may have something to work with. Still, as the status quo continues, she has little hope of pushing back against the Restorative Justice ideology that has infected our judiciary, one of the main causes of the judicial failures.
Opponents to the concept of involuntary care trot out the ‘hoary old chestnut’ of a patient’s rights, but when it comes to rights, we argue every person has a right to care appropriate to their health issue. If that means involuntary care, then we support that approach.
When a person’s acuity is so manipulated by deleterious health, then in the name of humanity, we must take care of them until they are well enough to look after themselves.
Our view is tempered in that there needs to be clear medical oversight as there must be legal oversight to ensure the patient’s rights are protected and the community, one does not outrank the other.
A mechanism to have any person taken into temporary care to be assessed and the necessary information placed before a Court to determine whether the person’s involuntary care should continue and for the accountability intervals to the Court for their continued involuntary care is the mechanism that we should aspire to develop.
Police and Ambulance first responders must be given the power to place people whose acuity is compromised into temporary care to be medically assessed.
Temporary Health Orders would be the most logical authority mechanism. They were thrown around with ‘gay abandon’ during the COVID-19 pandemic, so it should be well accepted by the community.
The imminent closure of one a Victorian jail provides an opportunity for the facility to be converted to accommodate involuntary patients, and in tight fiscal times the cost to the government in paying out on contracted services to operate the prison for many years may provide some financial benefit to the State – at least we will be getting something back including saving some lives currently wasted.
Some politicians, police and community groups argue involuntary care is key to addressing severe addiction and mental health issues
The brutal stabbing last month of a 58-year-old city employee in Nanaimo, B.C., made national headlines. The man was stabbed multiple times with a syringe after he asked two men who were using drugs in a public park washroom to leave.
The worker sustained multiple injuries to his face and abdomen and was hospitalised. As of Jan. 7, the RCMP were still investigating the suspects.
The incident comes on the heels of other violent attacks in the province that have been linked to mental health and substance use disorders.
On Dec. 4, Vancouver police fatally shot a man armed with a knife inside a 7-Eleven after he attacked two staff members while attempting to steal cigarettes. Earlier that day, the man had allegedly stolen alcohol from a nearby restaurant.
Three months earlier, on Sept. 4, a 34-year-old man with a history of assault and mental health problems randomly attacked two men in downtown Vancouver, leaving one dead and another with a severed hand.
These incidents have sparked growing calls from politicians, police and residents for governments to expand involuntary care and strengthen healthcare interventions and law enforcement strategies.
“What is Premier Eby, the provincial and federal government going to do?” the volunteer community group Nanaimo Area Public Safety Association said in a Dec. 11 public statement.
“British Columbians are well past being fed-up with lip service.”
‘Extremely complex needs’
On Jan. 5, B.C.’s newly re-elected premier, David Eby, announced the province will open two involuntary care sites this spring. One will be located at the Surrey Pretrial Centre in Surrey and the other at the Alouette Correctional Facility in Maple Ridge, a city northeast of Vancouver.
Eby said his aim is to address the cases of severe addiction, brain injury and mental illness that have contributed to violent incidents and public safety concerns.
Involuntary care allows authorities to mandate treatment for individuals with severe mental health or substance use disorders without their consent.
Amy Rosa, a BC Ministry of Health public affairs officer, confirmed to Canadian Affairs that the NDP government remains committed to expanding both voluntary and involuntary care as a solution to the rise in violent attacks.
“We’re grappling with a growing group of people with extremely complex needs — people with severe mental health and addictions issues, coupled with brain injuries from repeated overdoses,” Rosa said.
As part of its commitment to expanding involuntary care, the province plans to establish more secure facilities and mental health units within correctional centres and create 400 new mental health beds.
In response to follow-up questions, Rosa told Canadian Affairs that the province plans to introduce legal changes in the next legislative session “to provide clarity and ensure that people can receive care when they are unable to seek it themselves.” She noted these changes will be made in consultation with First Nations to ensure culturally safe treatment programs.
“The care provided at these facilities will be dignified, safe and respectful,” she said.
‘Health-led approach’
Nanaimo Mayor Leonard Krog says involuntary care is necessary to prevent violent incidents such as the syringe stabbing in the city’s park.
“Without secure involuntary care, supportive housing, and a full continuum of care from detox to housing, treatment and follow-up, little will change,” he said.
Elenore Sturko, BC Conservative MLA for Surrey-Cloverdale, agrees that early intervention for mental health and substance use disorders is important. She supports laws that facilitate interventions outside of the criminal justice system.
“Psychosis and brain damage are things that need to be diagnosed by medical professionals,” said Sturko, who served as an officer in the RCMP for 13 years.
Sturko says that although these diagnoses need to be made by medical professionals, first responders are trained to recognise signs.
“Police can be trained, and first responders are trained, to recognise the signs of those conditions. But whether or not these are regular parts of the assessment that are given to people who are arrested, I actually do not know that,” she said.
Staff Sergeant Kris Clark, a RCMP media relations officer, told Canadian Affairs in an emailed statement that officers receive crisis intervention and de-escalation training but are not mental health professionals.
“All police officers in BC are mandated to undergo crisis intervention and de-escalation training and must recertify every three years,” he said. Additional online courses help officers recognise signs of “mental, emotional or psychological crisis, as well as other altered states of consciousness,” he said.
“It’s important to understand, however, that police officers are not medical/mental health professionals.”
Clark also referred Canadian Affairs to the BC Association of Chiefs of Police’s Nov. 28 statement. The statement says the association has changed its stance on decriminalization, which refers to policies that remove criminal penalties for illicit drug use.
“Based on evidence and ongoing evaluation, we no longer view decriminalization as a primary mechanism for addressing the systemic challenges associated with substance use,” says the statement. The association represents senior police leaders across the province.
‘Life or limb’
Police services are not the only agencies grappling with mental health and substance use disorders.
The City of Vancouver told Canadian Affairs it has expanded programs like the Indigenous Crisis Response Team, which offers non-police crisis services for Indigenous adults, and Car 87/88, which pairs a police officer with a psychiatric nurse to respond to mental health crises.
Vancouver Coastal Health, the city’s health authority, adjusted its hiring plan in 2023 to recruit 55 mental health workers, up from 35. And the city has funded 175 new officers in the Vancouver Police Department, a seven per cent increase in the force’s size.
The city has also indicated it supports involuntary care.
In September, Vancouver Mayor Ken Sim was one of 11 B.C. mayors who issued a statement calling on the federal government to provide legal and financial support for provinces to implement involuntary care.
On Oct. 10, Conservative Party Leader Pierre Poilievre said a Conservative government would support mandatory involuntary treatment for minors and prisoners deemed incapable of making decisions.
The following day, Federal Minister of Mental Health and Addictions Ya’ara Saks said in a news conference that provinces must first ensure they have adequate addiction and mental health services in place before discussions about involuntary care can proceed.
“Before we contemplate voluntary or involuntary treatment, I would like to see provinces and territories ensuring that they actually have treatment access scaled to need,” she said.
Some health-care providers have also expressed reservations about involuntary care.
In September, the Canadian Mental Health Association, a national organization that advocates for mental health awareness, issued a news release expressing concerns about involuntary care.
The association highlighted gaps in the current involuntary care system, including challenges in accessing voluntary care, reports of inadequate treatment for those undergoing involuntary care and an increased risk of death from drug poisoning upon release.
“Involuntary care must be a last resort, not a sweeping solution,” its release says.
“We must focus on prevention and early intervention, addressing the root causes of mental health and addiction crises before they escalate into violent incidents.”
Sturko agrees with focusing on early intervention but emphasises the need for such interventions to be timely.
“We should not have to wait for someone to commit a criminal act in order for them to have court-imposed interventions … We need to be able to act before somebody loses their life or limb.”
This is another insightful article in this important series, dealing with the inevitable pushback from the pro-drug injecting room lobby.
What is not addressed is the weight that should be given to this group and do they have a vested interest.
The argument is over establishing Homelessness and Addiction Recovery Treatment (HART) Hubs in lieu of safe injecting rooms.
A very similar concept to the position of the CAA.
As a society, we would not tolerate accepting that a person with any sort of health issue was not treated, but rather, their affliction or disease was just managed, and the causes were actively facilitated when cures were available.
We will be closely watching the legal ramifications of the options to close and modify Injecting Rooms and convert them to Hart Hubs. Altogether a sound strategy from which addicts may recover from their illness rather than the addiction being fed.
The operator of a Toronto overdose prevention site is challenging Ontario’s decision to prohibit 10 supervised consumption sites from offering their services.
In December, Neighbourhood Group Community Services and two individuals launched a constitutional challenge to Ontario legislation that imposes 200-metre buffer zones between supervised consumption sites and schools and daycares. The Neighbourhood Group will be forced to close its site in Toronto’s Kensington Market as a result.
In its court challenge, the organization is arguing site closures discriminate against individuals with “substance use disabilities” and increase drug users’ risk of death and disease.
The challenge is the latest sign of growing opposition to Ontario’s decision to either shutter supervised consumption sites or transition them into Homelessness and Addiction Recovery Treatment (HART) Hubs. The hubs will offer drug users a range of primary care and housing solutions, but not supervised consumption, needle exchanges or the “safe supply” of prescription drugs.
Critics say the decision to suspend supervised consumption services will harm drug users and the health-care system.
“We’re very happy that the HART Hubs are being funded,” said Bill Sinclair, CEO of Neighbourhood Group Community Services. “They’re a great asset to the community.”
“[But] we want HART Hubs and we want supervised consumption sites.”
‘Come under fire’
On Thursday, the Ontario government announced that nine of the 10 supervised consumption sites located near centres with children would transition into HART Hubs. The Neighbourhood Group’s site is the only one not offered the opportunity to transition, because it is not provincially funded.
Laila Bellony, a harm reduction manager at a supervised consumption site at the Parkdale Queen West Community Health Centre in Toronto, says she is worried that drug users may avoid using HART Hubs altogether if they do not facilitate the use of drugs under the supervision of trained staff.
Data show this oversight can prevent deaths by facilitating immediate intervention in the event of an overdose.
Bellony is also concerned the site closures will increase the strain on other health-care services. She predicts longer wait times and bed shortages in hospital emergency rooms, as well as increased paramedic response times.
“I think the next thing that will happen is the medical or health-care system is going to come under fire for being sub-par. But it’s really all starting here from this decision,” she said.
She questions how the HART Hubs will meet demand for detox and recovery services or housing solutions.
Parkdale Queen West Community Health Centre and its sister site, the Queen West Site, serve hundreds of clients, Bellony says. By contrast, Ontario’s HART Hub rollout plan indicates all 19 hubs will together provide 375 new housing units across the province.
“The HART Hub model is not a horrible model,” said Bellony. “It’s the way that it’s being implemented that’s ill-informed.”
In a response to requests for comment, a media spokesperson for the Ontario Ministry of Health directed Canadian Affairs to its August news release. That release lists proposals for increased safety measures at remaining sites, and a link to a HART Hub “client journey.”
On Dec. 3, the Auditor General of Ontario, Shelley Spence, released a report criticizing the health ministry’s “outdated” opioid strategy, noting it has not been updated since 2016.
National data show a 6.7 per cent drop in opioid deaths in early 2024. But experts caution it is too soon to call it a lasting trend. Opioid toxicity deaths in 2023 were up 205 per cent from 2016.
“We concluded that the Ministry does not have effective processes in place to meet the challenging and changing nature of the opioid crisis in Ontario,” the auditor general’s report says.
“The Ministry did not … provide a thorough, evidence-based business case analysis for the 2024 new model … [HART Hubs] to ensure that they are responsive to the needs of Ontarians.”
‘Ill-informed’
Ontario has cited crime and public safety concerns as reasons for blocking supervised consumption sites near centres with children from offering their services.
“In Toronto, reports of assault in 2023 are 113 per cent higher and robbery is 97 per cent higher in neighbourhoods near these sites compared to the rest of the city,” Ontario Health Minister Sylvia Jones’ office said in an Aug. 20 press release.
The province has also cited concerns about prescription drugs dispensed through safer supply programs being diverted to the black market.
Police chiefs and sergeants in the Ontario cities of London and Ottawa have confirmed safer supply diversion is occurring in their municipalities.
“We are seeing significant increases in the availability of the diverted Dilaudid eight-milligram tablets, which are often prescribed as part of the safe supply initiatives,” London Police Chief Thai Truong said at a Nov. 26 parliamentary committee meeting examining the effect of the opioid epidemic and strategies to address it.
But Bellony disputes the claim that neighbourhoods with supervised consumption sites experience higher crime rates.
“Some of the things that [the ministry is] saying in terms of crime being up in neighbourhoods with safe consumption sites — that’s not necessarily true,” she said.
In response to requests for information about the city’s crime rates, Nadine Ramadan, a senior communications advisor for the Toronto Police Service, directed Canadian Affairs to the service’s crime rate portal.
The portal shows assaults, break-and-enters and robberies in the West Queen West neighbourhood have remained relatively stable since the Queen West supervised consumption site opened in 2018.
In contrast, crime rates are higher in some nearby neighbourhoods without supervised consumption sites, such as The Junction.
“While I can’t speak to perceptions about a rise in crime specifically around supervised consumption sites, I can tell you that violent crime is increasing across the GTA,” Ramadan told Canadian Affairs. She referred questions about Jones’ statements about crime data to the health minister’s office.
Jones’ office did not respond to multiple follow-up inquiries.
Mixed feelings
In July, Canadian Affairs reported that business owners in the West Queen West neighbourhood were grappling with a surge in drug-related crime.
Rob Sysak, executive director of the West Queen West Business Improvement Association, says there are mixed feelings about their neighbourhood’s site ceasing to offer safe consumption services.
“I’m not saying [the closure] is a positive or negative decision because we won’t know until after a while,” said Sysak, whose association works to promote business in the area.
Sysak says he has heard concerns from business owners that needles previously used by individuals at the site may now end up on the street.
Bellony supports the concept of HART Hubs, offering addiction and support services. But she says she finds the province’s plan for the hubs to be unclear and unrealistic.
“It seems very much like they kind of skipped forward to the ideal situation at the end,” she said. “But all the steps that it takes to get there … are unaddressed.”
A 67-year-old male driver lost his life when his small car was destroyed by a speeding truck.
The truck was allegedly stolen, and Police had failed to stop it using ‘stop sticks’.
Apart from the ‘stop sticks’ being old problematic technology, we need to look further as to why this life was wasted and what systematic failures contributed to the death.
The ability of police to intercept dangerous vehicles safely must be addressed, and new technologies capable of stopping a vehicle must be legitimately explored.
The CAA has long advocated for the introduction of the G-Tag (see https://caainc.org.au/the-g-tag-a-new-…community-safety/) to give Police the ability to disable a vehicle that poses an unacceptable threat to the occupants or the public more generally. Additionally, it will also reduce the danger to the police themselves, and that has to be a significant positive.
This technology will also play a critical role in any upsurge in terrorism.
Of equal importance, the circumstances of this crash and waste of life can be put squarely on the shoulders of the judiciary. Not the government but the judiciary.
It was reported that,
“A 40-year-old Deer Park man, who police allege was driving the truck, was taken to hospital with non-life-threatening injuries.
It was later revealed he was on bail for previous car theft and drug possession crimes and was due to face court in February after police charged him with another car theft, unlicensed driving and possessing drugs in November.”
If this life lost is not to be in vain, the establishment of nothing less than a Royal Commission to examine the role of the judiciary in these matters is well justified.
The accountability of the Judiciary is the point to be questioned, noting that in the lower courts, and in particular bail hearings, the presiding judicial officer is never named by the media. In contrast, the higher court Judges are regularly named as a matter of course. A legitimate form of accountability is lacking in the lower jurisdictions.
This lack of accountability, where the presiding officers can remain anonymous, must change so the public can know which judiciary members are responsible for bad outcomes.
The judiciary generally seems to hide behind the government, claiming they are only working within the laws the government provides. This is nonsense.
They must interpret the laws relevant to the circumstances of the matters before them.
An inquiry would expose the folly of the infection of the judiciary by the failed theoretical strategy called ‘Restorative Justice’ and given the regular failure of courts to hold perpetrators to account and protect the public, that infection has reached epidemic proportions, and people are dying as a result.
The pendulum has swung too far in favour of the criminals, and the rest of the community is indeed paying a very high price – with their lives.
The CAA invites the Government and the Opposition to urgently meet with the CAA to explore the G-Tag issue.
The Herald Sun of January 7, p16, quotes Canadian Government figures of 49,000 deaths from opioid abuse between January 2016 and June 2024. This is a spine-chilling message for Victoria’s Labor Government, which has enthusiastically embraced pill testing at music festivals and has demonstrated a consistent determination to continue with a “harm minimisation” strategy that is a total failure in curbing the use of illicit drugs.
The North Richmond so-called “Safe Injecting Facility” that has so devastated the lives of local residents is a further example of Labor’s disregard for the many adverse consequences of catering to drug users at the expense of the community.
Canada’s experience ought to be warning enough that Victoria is headed in the entirely wrong direction with its current illicit drug policy.
It is time for the vast silent majority to realise that they have the power to force change. If Labor won’t listen, the only remedy is at the ballot box to support any political party that will.
The media headlines scream the plight of Melbourne’s affluent leafy suburbs and the burgeoning crime rates affecting the wealthy areas of Melbourne.
The Police are just as quick to quote statistics allegedly disproving any neighbourhood concerns, accusing them of over-egging the problem. The difficulty with that approach is that Police are trying to second guess how the community feels. If they don’t feel safe, all the statistics in the world will not enhance their eudemony.
As reported, the residents of Middle Park are hiring private security guards to patrol their neighbourhoods to help keep their streets safe. Other private security companies have already been patrolling areas in Werribee, Wyndham Vale, Camberwell, Hawthorn, Toorak, Brighton, Caulfield and Balwyn for months.
What concerns the CAA is that with nine or ten communities already hiring security, what of the suburbs that cannot afford this approach? Are they metaphorically kicked just down the gutter?
With the growth of private security services, communities deem it necessary for their safety because of Police ineffectiveness; the risk of litigation against Victoria Police must be considered a reality, particularly if all of the aggrieved communities join together with those who cannot afford security and pursue a class action against VicPol for lack of service. Apart from a class action, the group may form a serious voting block, developing clout with a political bent.
Victoria police, for its part, quotes crime statistics to counter the arguments of lack of Police service, and therein lies the problem. There are numerous excuses, but admitting failure is not one of them; it would, however, be a good place to start.
Victoria Police just doesn’t get it.
Policing in Victoria has lost touch with its primary function, preventing crime. That there are many arrests and successful police operations does not address the crime issue in its broadest context; arrests are only the measure of the failure of policing to prevent crime.
The CAA has spoken with many police executives and is disappointed that they do not even know or understand the basics of policing.
Over time, the Force has manipulated the narrative of proactive policing to encompass any action that the police perform; in other words, investigations are considered proactive, and this phenomenon is not restricted to a couple of outlier senior commanders but to command as a whole led by the Chief Commissioner.
The proactive, reactive conundrum example is that a Police patrol tasked with a particular function to apprehend felons in a given area at a given time is classified incorrectly as proactive; it is active policing. Alternatively, Police tasked with reducing criminal activity in a given location is proactive policing; any crime detected as opposed to prevented is coincidental.
The difference is not too subtle. If a police operation is focused on trying to catch crooks, hiding behind bushes to catch them out has success. Their success is measured by the number of arrests, but do those arrests translate into crime reduction?
The most relevant assessment of Police effectiveness is not the number of arrests but advice from those whom policing is asked to deliver its services, and that is not the crooks and not the politicians. It is the victims.
To better understand the proactive reactive conundrum, the actions of a previous Chief Commissioner, when confronted with a strong recommendation to close a Country Police Station, come to mind.
The recommendation was based on the lack of arrests and the lack of crime reports over an extended period, inferring that the police member was lazy, incompetent or both. This particular station had the worst statistical data used as a benchmark for Police performance for the State.
The Chief Commissioner denied permission to close the station but directed the report authors to clone the police member as he was achieving the perfect record of any police station in the state.
There was no arrest because crime and crime reports were absent—the ultimate proactive policing model. That police member was involved in over twenty community organisations. The impact was that no one in his area wanted to let him down by committing offences.
Another classic example is the Police Highway Patrol (HP) working the Hume Highway out of Seymour one easter.
Renowned for the high accident rate, it was not abnormal to have a couple of fatalities over this period.
The Seymour HP patch was Kalkallo to Euroa. The Seymour car initially drove to Euroa, turned around, put on the car warning lights and drove south to Kalkallo ostensibly as a visual emergency vehicle.
The HP then returned to Euroa with the flow of traffic and then repeated this process for the duration of the shifts over Easter. The rationale was that the vast majority of vehicles using this part of the highway would have been exposed to the police car.
All hell broke loose when the Seymour HP supervisor at Benalla compiled the statistical returns after Easter.
The number of bookings by each office showed a stark disparity between the two offices.
At that stage, Benalla had the infamous HP member known to the truckies as 1080, as deadly as rabbit poison, and his sidekick 540, only half as bad.
The bullocking came, and it was severe including threats that the Seymour HP would be kicked off the Highway back to a station, and on it went. Eventually, the Sergeant took a breath when he was reminded that there had been no fatalities between Kalkallo and Euroa for the whole of Easter, but on his Highway, Euroa to the NSW border, they had three.
That is a classic proactive versus reactive approach to policing. The Benalla crew had heaps of bookings achieved by all sorts of creative techniques, but does that justify the three lives that could possibly have been saved had a proactive approach been adopted?
The supervisor never raised the issue again, and the Seymour HP member was not rated down on annual assessment.
Victoria Police has lost the ability to understand the essential policing role and refuses to address the anomaly in the Force strategy; we suspect predominantly through ignorance; however, when Senior Command doesn’t even know the difference between proactive and reactive, what hope do the subordinate officers and troops have of implementing proactive strategies?
The test should be not what the command thinks but what the public thinks and what type of policing they want because, currently, they are paying out the billion-dollar bills for a Force failing to deliver the outcomes they are employed to provide. The Force could well do with a decent injection of accountability to the community it is supposed to serve.
The advent of communities employing their own security to achieve a level of safety that police are not providing strengthens the argument that police in this state are failing.
If you have any doubts as to this failure, ask yourself why, if we are told there are all these crooks being caught, why do we feel less safe, and why are there more vicious and disturbing crimes being committed?
The CAA membership is growing through disenchanted members of the public angered by the lack of Policing effectiveness – we are heading for a crisis of lawlessness, and the community is acutely aware of it. Victoria Police seem to be in denial of the inevitability.
We already have a number of community members joining the CAA who are disenchanted with the status quo, whether it is the residents of North Richmond near the drug injecting room, A crime spree at a local Bingo Hall in the west, retailers in St Kilda dealing with drug addicts, community group in Dandenong being bullied by Local government, NSW Tobacconist being threatened by unlawful tobacco cartels, one punch victims in Eltham, a single small business owner in Croydon, issues with forest areas of the Yarra Valley, problems for night clubs in Prahran, or problems with Police corruption.
The CAA gives all these people who are disenchanted by policing a voice.
We have given Victoria Police ample opportunity to address their and others’ concerns. Still, there is a definite lack of enthusiasm on behalf of the Force to do its job.
There are many success stories; however, a typical response is to blame the victim, which is the lowest form of responsibility rejection, and that is, more often than not, from very Senior people who should know better but do not.
Perhaps we can assist the public in coordinating security services or provide advice and guidance in their situations.
With over 400 years of executive police experience in our group, we will surely be able to help.
If anyone is interested in assisting the CAA in helping yours and other communities, contact us at info@caainc.org.au.
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.
Victoria Police are off to Court to battle the current industrial dispute with the Police Association.
This dispute involving pay and conditions has dragged on for far too long, which points to intransigence on the side of both parties.
The unfortunate part of this dispute is that the real victims will be the public.
There is no doubt that given the public discourse on crime at the moment, either the administration of Victoria police has got their priorities very wrong, or the police members themselves are not performing at their optimum effectiveness.
It has been reported that the force is substantially understrength, creating disquiet among the rank and file, which is totally understandable. This problem didn’t happen overnight; it has been festering for a long time and has now manifested into a major issue.
Poor recruiting practices and creating a top-heavy organisation are all the failings of the force administration.
If the Force has been trying to address the issue, there is no evidence that they are succeeding in recruiting or retention, the other key driver affecting police numbers.
Ironically, it was not that long ago that the Force dispensed with two senior ranks, Chief Inspector and Chief Superintendent, based on efficiency.
What this did was cause a fractured hierarchal structure where senior people were promoted, not having served at the various levels of command, to hone and develop their leadership skills, as was the historical case, leading to ordinary commanders at the highest levels.
The plethora of commanders at the top end of the organisation has caused the organisation to slow to a snail’s pace as each commander seeks to eke out responsibility and or relevance, stagnating creative management and the development and function of the organisation.
Moreover, the growth in the number of senior people has literally exploded contrary to the intended outcome of removing ranks.
The impact apart from the poor organisational performance is most felt at the coal face of Policing, and that translates into the reduced capacity of the organisation to perform its function, and the people suffer poor service delivery.
For every additional senior officer position, apart from that individual position being removed from the operations, their support staff will also be drawn from the frontline.
These numbers may seem small, but collectively, it is probable that ancillary staff could staff another police station.
There are any number of drivers to address retention, and among the most obvious is a lack of job satisfaction.
This industrial imbroglio will substantially negatively impact retention the longer it drags on.
Staff retention is not only impacted by bad management but also by government intervention in the police role based on ideological values rather than pragmatic outcomes.
The State would not be in the position it currently finds itself in had these issues been recognised and addressed.
On the other side of the ledger, the rank and file, represented by the Police Association, according to media reports, has shown no intention to compromise in this dispute and lacking from that side and never uttered in public discourse is that dirty word, productivity.
The public support for police, which has stood up surprisingly well, will tend to wain when they are put at risk because this dispute drags on. This is not helped by being reminded continually by police vehicles daubed in graffiti.
Public support is easily lost and very difficult to recover, making it imperative that the Chief Commissioner and the Secretary of the Police Association find a way to resolve the dispute soon.
All the Association demands are well and good; however, the Association has boxed itself into a corner where to compromise it will lose face, as the dispute drags on their position is weakened. And that, for some, will be translated into weakness rather than pragmatism to end this dispute.
The longer the resolution takes, the greater the risk there is to recovery in the relationship between the command and the frontline troops, which may become fractured beyond repair.
It is now time for the Chief Commissioner and the Secretary of the Association to meet one-on-one and thrash out a deal that can be taken to the Government.
The legal approach where the protagonist fires salvos from safely behind the lines of silk robes will more than likely exacerbate the dispute, irrespective of what the courts find.
How this dispute got to this stage is unclear. Still, we have confidence that without interference, the Chief Commissioner and the Association Secretary are well capable of thrashing out a resolution – time for leadership so direct contact with each other’s nemesis can resolve the impasse.
There is no adequate expression to describe the youth problem in this State.
Is the problem with the Police, the Courts, the juvenile legal services, the schools, parents or the mishmash of the government departments?
Quite clearly, the problems are with all of them. They all have one common denominator: they are not accountable in any tangible way for their failures.
It would be an interesting challenge to examine the performance of each resource and determine its effectiveness. Unfortunately, the spin doctors would have a field day explaining why their organisation is faultless; it will invoke the ‘it is him over there’ syndrome.
It truly is a mishmash when you ask Google AI to determine which Government department is responsible for youth-
The Department of Families, Fairness and Housing (DFFH) in Victoria is responsible for youth, and the Minister for Youth is Natalie Suleyman MP. The DFFH also supports the Minister for Children and the Minister for Disability.
The Commission for Children and Young People (CCYP) is an independent body that promotes the safety and well-being of children and young people in Victoria. The CCYP’s vision is to respect and defend the rights of children and young people.
The Department of Justice and Community Safety Victoria supervises children and young people in the criminal justice system.
Notably absent from CCYP’s charter is the promotion of the obligations and responsibilities of children that must go with protection of their rights.
It is not some aberration that the offences being committed by youths have been climbing in intensity for some time, highlighted by the level of violence currently being reported daily.
It is fast becoming a war zone out there.
What has become even more obvious is that the current systems, programs and strategies for keeping youth to be safe and away from violence and crime are not working.
Youths armed with machete-type weapons taking on Police at a Christmas Carol’s service has got to be the absolute last straw.
It would also not be a surprise if we found out the perpetrators responsible for the firebombing of the Jewish synagogue last week could well be the work of juveniles.
Juveniles again running amok in the CBD highlights the ever-present danger to all citizens by this crazy state of affairs.
There have been, and there will be, inevitable deaths as a result of this behaviour. Recently, it has become perilously close to being reality when a juvenile involved in a home invasion tried to attack a young mother who had a two-month-old baby in her arms. The baby suffered severe head injuries.
That the incident happened in another State is irrelevant but demonstrates the major danger of violent juveniles. They do not consider any consequences that deter them from this violence.
Many years ago, a highly respected trainer of police recruits, Les Harly, an ex-Olympic boxer, repeatedly warned recruits that the most dangerous perpetrator they would confront with a gun was a juvenile because they would not consider the consequences of pulling the trigger.
This is sage advice today as police will inevitably confront armed teenagers not with machetes as is the current favoured weapon, but guns.
The consequence of unchecked escalation of violence.
Still, the underscored effect on families whose safe haven, their home, is regularly violated is the most impacted and has the longest severe effect on the families.
Where do we start?
Our civic leaders of all political persuasions must first acknowledge there is a problem.
Then, a team must be assembled to advise on how the issues can be addressed.
As complicated as the problem first appears, the solution or solutions are easy to identify as the activities of the juveniles themselves provide the answers.
If a child is told not to put their hand in a flame but ignore the advice, then the pain of the burn will dissuade them from ever trying it again; there is a consequence for the action.
If they play on the roadway and ignore parental advice, with the parent resorting to dragging them off the road, the lesson is learnt: there is a consequence for their action.
Considering solutions from the top down would always fail, but we never expected the spectacular failure we are currently witnessing. The terrifying part of this trend, and like all trends, it will continue to escalate, is the current trajectory bodes very poorly for all of us, including the youth.
The arrest of a juvenile perpetrator is the closest we come to a consequence of their actions; however, the impact of the arrest is diluted by the legal process that follows.
While the judiciary believes their actions are compassionate and balanced, what they think is irrelevant as much as they won’t admit it. The key is what the perpetrators believe, being lectured doesn’t cut it.
The imperative is that the perpetrators understand that there are consequences for their illegal activities that are not palatable to them, irrespective of what the judiciary might consider appropriate.
What the judiciary might consider a consequence is useless if the perpetrator does not see it that way.
All the words directed at juveniles by the judiciary are just white noise to them, and anyway, their lawyer speaks for them, so in their eyes, it doesn’t impact them.
The youths consider walking out of Court, whether on bail or with a non-custodial sentence, as ‘I beat it again’. No matter the threats and lectures they are given during the process.
There is also the phenomenon promoted by older criminals that allows the youths to be recruited for crime; the nothing will happen if you are caught’ principle.
Many young people are aspirational to climb further up the criminal pecking order and share in the rewards, albeit ill-gotten, and this is a serious motivator.
The other motivator for youth is the influence (bragging rights) within their sphere, and that can become all-encompassing for younger people driving their lives. That there are no consequences for their behaviour has built their ethos.
In either of these two examples, the common denominator and drivers are the lack of consequences other than the risk of being arrested, and even that is diluted because the Courts do not fulfil their function as the community intends.
Some time ago, a high-profile person working in the youth space for a respected youth organisation reacted to our suggestion that as part of an accountability strategy, parents could, in consultation with the Police, have young people lose access to their mobile phones as part of the Police cautioning program for a period.
The response we received is a demonstration of how some with a socialist ideological bent view punishment or consequences as irrelevant and only promote more antisocial behaviour.
The person became very indignant at the suggestion and claimed that it was absolutely the wrong approach because all the young person would do was act out until they got it back.
Doh! That response proves the suspicion that many working in the youth space do not understand their role. Giving into the youth is the antithesis of effective youth management. Rewarding bad behaviour will never work.
The issues are monumental, but unless a new approach or an old one in part is re-introduced, then the consequences really do not bear thinking about.
This headline most former and serving Police find very hard to accept, arguably a contradiction of our Police motto, ‘Tenez le droit’ or ‘Uphold the Right’.
How can the Force operate when some are unprepared to ‘Uphold the right’ by labelling their colleagues ‘Scabs’?
The Police Oath is also worth a read,
‘I [ insert name ] [ swear by Almighty God/do solemnly and sincerely affirm ] that I will well and truly serve our Sovereign as a police officer in Victoria in any capacity in which I may be appointed, promoted, or reduced to, without favour or affection, malice or ill-will for the period of [ insert period ] from this date, and until I am legally discharged, that 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.’ [Victoria Police Act 2013, Schedule 2]
Interestingly, the Oath says nothing about exemptions for industrial action, and if industrial actions breach their Oath of Office, what consequences will be applied to members who engage in breaches? Have they renounced their allegiance to the Oath? With renouncing their Oath, how can they remain a ‘police officer in Victoria’?
Police turning on their own is also anathema in policing and unheard of, with the only likely loser the Police Association, or Police Union as it has now morphed into.
Allegations that the Police Association has moved too close to the government are born out in this dispute where the Association is generating angst against the Chief Commissioner, not the Government, who is responsible.
When the push for changed rostering arrangements to a four-day week with extended shift hours was rejected by the majority of Association members, the Association took the ‘Voice’ approach. Irrespective of how you vote, ‘we know best’, and that’s what we will pursue.
That approach is straight out of an ideology playbook.
The Police Association did not read the room well, and they are rushing to an outcome that may not be in the best interest of the community or the Force and, in particular, its members.
Unless the Police Association tempers its behaviour, the likelihood of a breakaway Association that will accept the will of its members cannot be discounted.
The word ‘ugly’ has been used to describe the current imbroglio in this industrial dispute, which can only be sheeted to one side.
Whoever is behind the attempt to destabilise the Police Force, they are succeeding, and the drivers may not all be within the Police ranks but outside with agendas that benefit them.
Identifying the external entities that would benefit from a damaged Force doesn’t take much imagination. It was very clever of the Government to allow the blame to be shifted from them to the Chief, but they are the ones responsible – they hold the purse strings.
The other part of this dispute that has become unacceptable is the attack on the Chief Commissioner.
Much of this dispute is beyond the control of the Chief and dictated mainly by budgets. The critics demanding that he resolve the matter are generally ignorant that the government is holding the reins, not the Chief; those reins are called the budget.
Regardless, the Chief has broader responsibilities than acquiescing to Union demands. He must operate a Police Force now and into the future, and if he doesn’t have the budget, it would be irresponsible for him to grant the Union’s demands.
We support the wage claim for the Police. They certainly deserve to be highly paid for the job they do; however, that high pay rate should not extend to those who are not on the frontline, and it has always been an anathema that some Police avoid the frontline but receive all the benefits of those protecting us. Although backroom jobs are essential, the operational function is the priority.
Rather than a general pay raise, reviewing and extending specific task allowances would be more equitable and provide a better chance of accommodating them within budget restraints.
The key will be implementing a narrow band of the term ‘Operational’ extending from Constable to Inspector but only applying to those staff who are actively ‘Operational’.
Supported by a well-managed Force Reserve, the organisation’s efficiency can be maintained and even improved within reasonable budget restraints.
Many will be disappointed that their non-operational role does not enjoy the pay scale of those on the front line.
However, a solution is available to all Police classified as non-operational: move to a frontline position.
As Victoria Police face the triple-edged sword of budget cuts, a dearth in recruiting, aggravated by a massive rise in the population, these colliding pressure points can inevitably hurt the most vulnerable in society with a systemic drop in police operational capacity.
Any hope of an improved visible police presence any time soon is forlorn.
There is also a temptation for the review announced by the Chief Commissioner to slash and burn.
That will translate into whenever there is a failure of police service delivery, like police not arriving when called, or your local police station is closed, the excuse will be ‘budget cuts’.
Although the excuse may be reasonable, if you’re hanging from a cliff by your fingernails, budget excuses won’t wash.
We have to hope and rely on the Chief Commissioner that his chosen team has the creative acuity to achieve objectives with innovation and creativeness that improves the organisation’s service whilst satisfying the competing pressures.
There is a direct correlation between a falling capability over many years and senior police leadership or lack thereof, and the current industrial imbroglio. All industrial disputes are not only about money and conditions but what also gains traction is a workforce that considers itself under siege because of poor leadership.
In the case of the Police, this is not something new or necessarily caused by the current administration but something that has not been addressed for over a quarter of a century by consecutive administrations that failed to identify the issue, ignored it or relegated it to the too-hard basket, hoping it will go away.
The unfortunate development of the corporate bubble and executives feeling they are elite are just some of the indicators of the current industrial impasse.
The Force review, now mooted, will create a temptation to amalgamate functions, particularly at the coal face. However, they have been tried before and failed the absolute ‘Service delivery’ test.
The focus must be on the senior administration, which has become effectively bloated, inefficient, and ineffective. Failing regularly to accept responsibility is a major concern pandering to the; ‘it’s all their fault, not ours; philosophy.’
This review will undoubtedly be the defining issue of Commissioner Patton’s tenure. He must get this one right.
The whole issue is not helped when Police executives do not appear to know the difference between ‘Service Delivery’ and ‘Service efficiency’, a fundamental and critical knowledge necessity.
This review will undoubtedly be the defining issue of Commissioner Patton’s tenure. He must get this one right.
‘Service delivery’ must always trump ‘Service efficiency’. The organisation’s being is to provide a service, in this case, policing. It is a management role to deliver efficiency in providing that service; however, if efficiency reduces the service, that is marked as a management failure.
The test to any change by this review must pass the ‘Service Delivery’ maxim.
Everybody interested in Policing must assist, whether current or former Police and the combined skills and support for the review is more likely to achieve a better outcome than obfuscation.
The CAA has, for some time, promoted the concept of establishing a Police reserve, which is not dissimilar to the way the military reserve is structured.
Any former member of the Force could apply, as well as some serving members where, due to circumstances, a full-time commitment is not feasible.
The former members of good character could apply to be re-employed in stations and other functions to relieve operational members back to the street.
The reserve members would be reinstated at their previous rank and renumerated in accordance with the current level for that rank/position.
Reserve members would not exercise line command but could advise junior members.
They could perform many functions, and their reinstatement as a particular class means they are again employed by VicPol and would automatically become sworn members unless they have chosen to abrogate their oath.
Reserve members would be employed in consultation with the applicant as many would not be interested in full-time employment but in an arrangement to fit in with their new lifestyle. This is best achieved by a ‘Positions available’ concept.
Serving members may be encouraged to join the Reserve to suit their situations rather than losing them altogether. Some members may need to work less than a five-day week, which they can achieve by transferring to the Reserve.
There is a myriad of other issues that need to be debated and resolved, but the force having the capacity to fill full-time vacant positions even with more than one reserve member and acknowledging that the Reserve members have capacity limitations, the alternative of just leaving the position vacant doesn’t help anybody, particularly the community. A Force Reserve is also cost-effective.
Above all else, the Force must resist the temptation to lower standards to attract more recruits.
This approach is short-sighted, and the negative impact will be felt for decades, where with the current thrust of the three-edged blade, we can only hope, it is short-lived, comparatively.
It is time for action to rein in the abuse of the Committal process in Victoria.
Therefore, with minimal disquiet, we welcome the changes proposed by the Government’s Attorney General Jaclyn Symes, as reported in the Herald Sun on the 29th of October.
Most of our concerns lay with the failure of the Office of the Director of Public Prosecutions, and these changes, increasing the Power of that Office, may be proven detrimental to the administration of Justice in this State.
The acknowledged dichotomy of the role of that Office in determining whether prosecutions should proceed through the Committal process or whether the matter should be dealt with as a direct presentment to a Higher Court for trial seems never to be based on pragmaticism, which should be the core of the decision-making process.
The activities and performance of the Director of Public Prosecutions have never been far from controversy and, on occasion, have been operating not in the best interest of the administration of Law in this State—a view caused by a void in the rationale of the decision, accountability.
Examples where the DPP’s Office has made questionable decisions that would seem not to be in the best interest of Justice include,
The travel rorts of two politicians.
The decisions around the Pell matter.
Any number of matters associated with the Lawer X fiasco.
Decisions relating to the Red Shirts rort, and
Aspects of the COVID Hotel Quarantine fiasco resulted in 768 deaths and 18,000 infections.
In these matters, the lack of anybody being held to account before the law, with one exception, the Pell matter, where the High Court determined that the actions of the office of the DPP had perpetrated a grave injustice, raises the suspicion that the DPP’s Office is exercising bias.
In the Pell matter, the architects of this injustice should have been held to account before the same law they attempted to manipulate for their purposes.
Another common denominator has been the conga line of key players responsible for these debacles being promoted to higher office. A cynic may argue that you need to make a mess of what you are responsible for to get ahead, ending up with people promoted to the level of incompetence.
It is no wonder that many in high office in this state were promoted despite their apparent failures and are now responsible for guiding Victoria, by any measure, into decline.
A brave and welcome change where the DPP was required to give a reason for decisions not to prosecute would go a long way to improve the accountability of that Office. That would ensure the decision is based on the Law, not some other influence.
The Judiciary are required to provide reasons for decisions, why not the DPP, as letting the light in avoids misconceptions of the office’s function.
The publication of decisions and reasons does not hamper the independence of the Courts, so it would not hamper the independence of the DPP.
The Victorian Law Reform Commission (VLRC) also called for Victoria’s Director of Public Prosecutions to take charge of more matters earlier and for police to take a back seat in prosecuting indictable offences.
For the DDP’s Office to play a more significant role, taking charge of criminal cases earlier is a retrograde step that will open up the legal system to corruption, as placing too much power in one entity inevitably creates, particularly if that entity is not accountable.
The idiom of ‘power corrupts, absolute power corrupts absolutely’ will be the inevitable outcome.
Moving from a preliminary advisory role to ‘taking charge’ is blatantly an attempted power grab and is of great concern. There appears to be no boundary to what the ‘take over’ may mean, which is very dangerous.
There has been a tendency in many serious matters to involve the DPP’s Office very early in the investigation, which makes us wonder to what end. Is that an abdication by investigators of responsibility?
It is a question of the risk to the impartiality of the investigation process that is a bother.
This is moving the role of the DPP lawyers from advisers to taking charge, which will hurt law enforcement, not enhance it. Investigators are being led to capitulation of their accountability to the Chief Commissioner in favour of the bureaucrats.
What is often conveniently overlooked in this issue is the role of the ‘Hand Up Brief’ introduced in 2009 by the Criminal Procedures Amendment Bill, and much of the media focus of that time argued that the Hand Up Briefs could eventually eliminate committal proceedings. But that would adversely impact the employment of Lawyers, so nothing was ever done.
The DPP’s office has always had the option of a Direct Presentment, but it is rarely used, and there appears to be no legal reason other than the adverse impact on Lawyer’s employment.
Removing Committals will not adversely impact the defendant’s right to a fair trial; however, it will make the legal system more efficient, reducing time served for prisoners on remand who we must remember have not been convicted of the offence with which they have been charged and the unacceptable delays in administering justice through the Courts for victims seeking closure on criminal matters. These delays are not a few weeks but can be years.
The idiom of ‘Justice delayed is justice denied’ is very apt.
Ironically, this call from the Victorian Law Reform Commission in the Herald Sun on the 31st of October has drawn a somewhat predictable response from the Victorian Bar Council, ‘Victorian Bar warns against Victorian legal system overhaul’ is its own goal as their response in favour of the retention of this archaic legal practise exposes their bias in protecting the ‘status quo’ and Lawyers hip pocket.
Data from the Law Reform Commission website solidly supports what we all know: that the Committals process has well-passed its use-by date. And for the well-being of our legal system, it must be disposed to a safe place in history.
3.4 Each year, around 3000 criminal cases commence in the committal stream of the Magistrates’ Court and pass through some or all parts of a committal proceeding.[237]
3.5 Of these cases, roughly:
30 per cent are heard and determined summarily in the Magistrates’ Court.
A case can only be determined summarily if all indictable charges are withdrawn or discharged and a magistrate grants an application for summary jurisdiction, which, if granted, means the case will be determined according to the procedure outlined in the Criminal Procedure Act 2009
30 per cent are committed to the County Court for sentence following a guilty plea.
30 per cent are committed to the County Court for trial, following a plea of not guilty,
four per cent are committed to the Supreme Court. Of the cases committed to the Supreme Court, approximately 14 per cent are committed for sentence following a plea of guilty.
With 900 cases dealt with by Magistrates, which could be achieved administratively instead of a hearing, somewhere in the region of 2100 cases are committed to a higher Court or nearly 100% of all criminal committals are sent to the Higher Courts for determination.
On that matrix alone, what is the point of a committal process?
These findings, however, are an outstanding testament to the capabilities of Police investigators, the quality of their investigations, and the briefs they submit for prosecution.
There will also be some credit claimed by the prosecutors of the DPP’s Office; however, the best prosecutor cannot’ turn a purse back into a pig’s ear’, no matter how clever.
The role of the DPP should be to assess the validity of evidence presented to them by trained investigators – the Police.
A significant problem with Law reform is that the future employment advantages of Lawyers are foremost in any decision. The VLRC risks, in part, putting ‘the fox in charge of the hen house’ as the Victorian Bar Council confirms.
With approximately 3000 criminal cases to go through some form of committal proceeding each year in Victorian magistrate’s courts. Eliminating committals will save the state millions of dollars that could be directed to expanding the higher courts to improve justice overall by radically speeding up the administration of law.
The role of the DPP should be to assess the validity of evidence presented to them by trained investigators. If the Law Reform Commission has its way, it won’t be long before the DPP does investigations, which is the next logical step, and the police will be relieved of the task -. Rue the day.
The Chief Commissioner launched a force-wide review in late October ’24 to consider redundancies of hundreds of non-critical roles and the potential amalgamation of command divisions.
This review, motivated by the necessity to reign in the cost of Policing this State, is welcome news for not only that reason but also to reduce the burdening excesses of a bloated command and senior ranks and the proliferation of non-critical activities that have evolved, drawing police from their primary function of maintaining law and order.
The CAA has long argued that the structure of the executive branch of Victoria Police was not serving the organisation well.
Starting over a decade ago, the removal of two senior ranks below the Command level and the explosion of executive positions took off and became the norm.
The ranks of Commander, Assistant Commissioner and Deputy Commissioner have had their span of control and functions seriously depleted by the vast growth in their numbers, with each new appointment carving out relevance. That relevance comes with support staff and resources, and they are drawn down at the expense of frontline policing.
Each of these positions costs the State and the police budget millions of dollars in recurring expenditure for no greater outcomes from the organisation as the crime rate attests.
The inefficiency of this approach is evident in the decision-making process within the organisation.
As part of the ‘relevance carving’ of these executives, the decision-making within the organisation is drawn up to fill the allotted purpose of the new positions.
That adds to inefficiency in the command-and-control process. Decisions originally made at a lower level, much closer to where the impact is felt, are being drawn up to make some of these appointments relevant or given purpose.
Not only is this inefficiency writ large, but it also has a deleterious impact on those at the coal face trying to make policing work, only to find that they have to spend much of their time working out who the issue should be addressed when they used to be able to resolve it at their level.
This whole process has a very ‘Weeties packet’ feel about it, where the appointments over this period are akin to drawing the lucky coupon from the Weeties packet rather than demonstrating management and leadership capability.
Many may argue that the Police should not have their budgets impacted because of the adverse impact that will have on the community; however, if conducted with vigour and integrity, this review will attain a long overdue clean-out, achieving greater efficiency and building overall force morale, and in turn, improve operational performance.
There is, however, a significant problem that will be very challenging for the reviewers: the willingness of many police to give up their 9-5 positions, which attracts all the financial benefits available to police on the front line without the inconvenience of shift work or the inherent dangers of front-line policing.
In an address some time ago, the Chief Commissioner highlighted that most new Police Recruits lasted about four years on the street before seeking a non-operational position.
This phenomenon is very alarming and, in essence, puts the vast majority of police on the street who are relevantly in-experienced, where the most experienced must be there to service the public and nurture the newbies for policing effectiveness.
After just four years, a Police member who is dedicated and works hard may, with some luck, have completed a third of the journey to being an influential police member.
Four years of service is barely out of apprenticeship compared to many other trades and professions. This period should be designated post-probation, with some restrictions not applied to police who have served longer.
Part of this review must look at this issue and restructure the system. Members of less than six years’ service should only be relocated from their initial appointed position at the discretion of the Chief Commissioner.
Essential to maintain and improve service delivery, the development of a Police Reserve can be a cost-effective way of improving Police productivity while improving the Police culture, which, for several reasons, has been in decline for some considerable time.
The CAA will shortly publish a paper describing what a Police Reserve might look like.
In a new documentary, Port Coquitlam, teens describe how safer supply drugs are diverted to the streets, contributing to youth drug use.
CAA comment;
Victoria is inching towards the concept of ‘Safer Supply’ for drug users supposedly aimed at reducing the harm of the illicit drug trade, however as Canada is experiencing this strategy is a failure as it promotes drug use, particularly among teenager’s hood winked by the ‘Safer’ reference in the strategy – no drugs are safe.
There is pattern developing where governments are blind to the consequences of fashionable strategies when they are just playing into the hands of the drug cartels by promoting ‘Safe’ as a part of the illicit products.
There is little doubt that every drug pusher in the country can leverage off the Government ‘Safer supply’ mantra as a means of encouraging vulnerable young people to experiment.
The Video ‘The invisible Girls’ should be compulsory viewing for every politician in this State to ensure we do not follow any further the Canadian error that costs young people their lives and helps promote illicit drug use.
Madison was just 15 when she first encountered “dillies” — hydromorphone pills meant for safer supply, but readily available on the streets.
“Multiple people walking up the street, down the street, saying ‘dillies, dillies,’ and that’s how you get them,” Madison said, referring to dealers in Vancouver’s Downtown Eastside.
Madison says she could get pills for $1.25 each, when purchased directly from someone receiving the drugs through safer supply — a provincial program that provides drug users with prescribed opioids. Madison would typically buy a whole bottle to last a week.
But as her tolerance grew, so did her addiction, leading her to try fentanyl.
“The dillies weren’t hitting me anymore … I tried [fentanyl] and instantly I just melted,” she said.
Kamilah Sword, Madison’s best friend, was just 14 when she died of an overdose on Aug. 20, 2022 after taking a hydromorphone pill dispensed through safer supply.
Madison, along with Kamilah’s father, Gregory Sword, are among the Port Coquitlam, B.C., residents featured in a documentary by journalist Adam Zivo. The film uncovers how safer supply drugs — intended as a harm reduction measure — contribute to harm among youth by being highly accessible, addictive and dangerous.
Through emotional interviews with teens and their families, the film links these drugs to overdose deaths and explores how they can act as a gateway to stronger substances like fentanyl.
‘Not a myth’
Some last names are omitted to respect the victims’ desire for privacy.
Safer supply aims to reduce overdose deaths by providing individuals with substance use disorders access to pharmaceutical-grade alternatives, such as hydromorphone.
But some policy experts, health officials and journalists are concerned these drugs are being diverted onto the streets — particularly hydromorphone, which is often sold under the brand name Dilaudid and nicknamed “dillies.”
Zivo, the film’s director, points out the disinformation surrounding safer supply diversion, highlighting that some drug legalization activists downplay the issue of diversion.
In 2023, B.C.’s then-chief coroner Lisa Lapointe dismissed claims that individuals were collecting their safer supply medications and selling them to youth, thereby creating new opioid dependencies and contributing to overdose deaths. She labeled such claims an “urban myth.”
In the film, Madison describes how teen substance users would occasionally accompany people enrolled in the safer supply program to the pharmacy, where they would fill their prescriptions and then sell the drugs to the teens.
“It’s not a myth, because my best friend died from it,” she says in the film.
Fiona Wilson, deputy chief of the Vancouver Police Department, testified on April 15 to the House of Commons health committee studying Canada’s opioid crisis that about 50 per cent of hydromorphone seizures by police are linked to safer supply.
Deputy Chief of the Vancouver Police Department, Fiona Wilson, testified on April 15 during the House of Commons ‘Opioid Epidemic and Toxic Drug Crisis in Canada’ health committee meeting.
Additionally, Ottawa Police Sergeant Paul Stam previously confirmed to Canadian Affairs that similar reports of diverted safer supply drugs have been observed in Ottawa.
“Hopefully, by giving these victims a platform and bringing their stories to life, the film can impress upon Canadians the urgent need for reform,” Zivo told Canadian Affairs.
‘Creating addicts’
The teens featured in the film share their experiences with the addictive nature of dillies.
“After doing them for like a month, it felt like I needed them everyday,” says Amelie North, one teen featured in the documentary. “I felt like I couldn’t stand being alive without being on dillies.”
Madison explains how tolerance builds quickly. “You just keep doing them until it’s not enough at all.”
Madison started using fentanyl at the age of 12, leading to a near-fatal overdose after just one hit at a SkyTrain station. “It took five Narcan kits to save my life,” she says in the film.
Many of her friends use dillies or have tried fentanyl, she says. She estimates half the students at her school do.
“Government-supplied hydromorphone is a dangerous domino in the cascade of an addict’s downward spiral to ever more risky behaviour,” said Madison’s mother, Beth, to Canadian Affairs.
“The safe drug supply is creating addicts, not helping addicts,” Denise Fenske, North’s mother, told Canadian Affairs.
“I’m not sure when politicians talk about all the beds they have opened up for youth with drug or alcohol problems, where they actually are and how do we access them?”
Sword, Kamilah’s father, expressed his concern in an email to Canadian Affairs. “I want the people [watching the film] to understand how easy this drug is to get for the kids and how many kids it is affecting, the pain it causes the loved ones, [with] no answers or help for them.”
Screenshot: Dr. Matthew Orde reviewing Kamilah Sword’s toxicology report during his interview for the filming of ‘Government Heroin 2: The Invisible Girls’ in March 2024.
Autopsy
Kamilah’s death raises further concerns.
According to Dr. Matthew Orde, a forensic pathologist featured in the film, Kamilah’s toxicology report revealed a mix of depressants and stimulants, including flualprazolam (a benzo), benzoylecgonine (a cocaine byproduct), MDMA and hydromorphone.
Orde criticizes the BC Coroners Service for not following best practices by focusing solely on cardiac arrhythmia caused by cocaine and MDMA, while overlooking the potential role of benzos and hydromorphone.
Orde notes that in complex poly-drug deaths, an autopsy is typically performed to determine the cause more accurately. He says he was shocked that Kamilah’s case did not receive this level of investigation.
B.C. has one of the lowest autopsy rates in Canada.
Zivo told Canadian Affairs he thinks a public inquiry into Kamilah’s case and other youth deaths involving hydromorphone since 2020 is needed to assess if the province is accurately reporting the harms of safer supply.
“That just angers me that our coroners did not do what most of Canada would have done,” Sword told Canadian Affairs.
“It also makes me question why they didn’t do an autopsy, what is our so-called government hiding?”
If the media reports are accurate, Herald Sun 3rd of October 2024, VicPol must be hugely embarrassed or tone deaf.
The report quoted a Police spokesperson as saying,
“The end of the financial year is traditionally a time when police choose to retire but this year’s total of 261 who left the organisation in July and August is well up on the 220 of the same period last year.”
The statement itself has no problems, but what is incredible is that the issue of a drop in police numbers in the set time frame is ‘traditional’, so the Force knows it’s going to happen, and given the other figures, it seems highly improbable that the Force has been able to manage this phenomenon.
Hiring extra professionals to help with the backlog of Police applicants is at best, a band-aid and any impact on reducing the backlog and training these applicants will not yield meaningful results for over twelve months.
However, the problem of a lack of Police and the adverse impact on the community is here, and now, waiting twelve months for an uptick in the ability of the Force to respond adequately to community needs is unacceptable.
Victoria Police should explain their breakdown in service delivery to the victims, who police have failed.
Given that the staffing level peaks and troughs are a known factor the failure in this staffing area is best described by the idiom.
“Insanity is repeating the same mistakes and expecting different results.”
-Often incorrectly attributed to Einstein
For a number of years, the solution, in part, has been available but apparently never really properly considered , most probably because of misconceptions about the vast number of former police members’ attitudes to policing, which a very few loud naysayers promulgate.
Retirement – “the ability to do what you want because you want to, not because you have to”.
The vast majority of former police are very proud of their Police service and the values of policing. While the former Police, by Legislation, are no longer Sworn members, the vast majority have never denounced their oath but continue to honour it.
Contrary to perceptions, there are literally thousands of former police who, with little training, could augment the Force staffing demands to flatten out the peaks and troughs. And they are not all old; substantial numbers left their police career to raise a family and for other personal reasons whose circumstances may have changed.
The recent survey in support of a former member, Dr Ray Shuey’s integrity ‘bells the cat’. The myriad of comments made during the survey by former members should be compulsory reading for anybody in the command structure who doubts how much integrity is valued by former Police and the community.
There are hundreds of veterans who could be a valuable resource if used properly.
Many names on the list remind us all that VicPol was so highly thought of in times past as the preeminent Police Force in Australia that many members were encouraged to leave for other Policing agencies in Australia, with some attracted to overseas Law enforcement.
It is noteworthy that when VicPol was at its peak, the incidents of PTSD were markedly lower, bordering on rare. Make of that as you will.
With the right incentives, these retired members of all ranks could affect relief for front-line police of a raft of duties that do not require physical prowess, but their experience and life skills, plus a stellar police career, equip them well to backfill vacancies, particularly at stations.
Their bodies may be worn, but their mental acuity is a resource worth harvesting.
Equally, many non-operational positions could be filled by former police, relieving police of these duties to move to the operational function.
Former Police would generally not be looking to return to full-time work, but many would be interested in short-term casual arrangements that fit in with their new lifestyle.
The former Police, re-sworn, could carry out most inquiry/watchhouse functions and be a valuable mentor for some younger members.
A pragmatic evaluation of position functions could identify hundreds that could be tagged as suitable to be backfilled even to deal with relatively short-duration issues like the current Pro-Palestinian discourse or an emergency, natural or otherwise.
One substantially positive outcome from this approach is taking pressure off frontline police members and their managers trying to provide an effective Police function for the community, which can also reduce the impact of stress causing PTSI.
Sometimes, more maturity in a police environment can positively affect morale.
The recent push for a four-day week imbroglio might be resolved by providing serving members with the opportunity to move to a Police Reserve where their personal situation or lifestyle can be accommodated. Why lose them completely?
Never uttered in the same breath are the policing numbers and the crime rate.
Closely examining crime trends may show that the number of operational police corresponds to the crime trends. An effective Police Reserve force will positively impact the crime rate by injecting a vast knowledge base of experience into the organisation and allowing more police back on the street.
Before formulating a view on this missive, we suggest you return to the above Idiom. If this is not the solution, offer a better one than Insanity.
It would be very interesting to know how many ex-members would consider returning to VicPol, even on a part-time basis, provided the conditions were appropriate.
The attached survey form is not a commitment but an expression of support for the concept of a Police Reserve.
Surprise, surprise, the State has lost control of juvenile offenders.
The crime Tsunami CAA predicted almost ten years ago is well and truly upon us; what we didn’t expect was that the government’s ineptitude would contribute to fuelling the severity of the tsunami.
A massive spike in criminality by juveniles has made this State arguably the most dangerous in which to live, with the safety and sanctity of our homes being eroded daily by rampaging out-of-control youths. Not to mention the attacks on businesses.
Our safe haven bolt hole has all but disappeared.
The oft-quoted line of ‘you can’t arrest your way out of this problem’ rings very true, and a government that tinkers around the edges in the crime space is unquestionably the cause.
Law enforcement can only do so much, and we know they are trying their hardest, but with limited police resources, inept, ineffective courts, and the failing of so-called professional support services, all come at a considerable expense to the policing of the rest of the community and even more egregious, a huge cost of the failed development of our youth into meaningful contributors to our society, a penalty so severe it fades other sanctions into paltriness.
The latest tinkering with bail laws will have little impact because the primary cause of this imbroglio is the Courts lacking accountability in their role and the poor performance of individual jurists who operate without answerability. The influence of woke ideologies is a significant culprit embraced by gullible jurists.
Just as the government touts its latest reforms to bail, the impact of lifting the age of criminal responsibility is yet to be fully realised.
To aggravate a dire situation, the government has announced closing many of the children’s courts.
That will push out even further the current wait for justice, making truth of the adage ‘Justice delayed is justice denied’. Denying justice hurts victims and perpetrators alike.
When coupled with the age adjustment, the closing of the courts is no more than a cost-saving exercise. A cynic may argue that this has always been the plan. Raise the age of criminal responsibility to reduce court traffic and then shut the courts because they are inefficient – they are inefficient at administering the law, as the crime tsunami attests, and that should be the focus. Courts like any other entity has obligations for service delivery, how does making the courts less accessible improve the delivery of court services?
The combination of these two government actions means we will have more crime as there is no enforceable intervention in criminal behaviour of young children to prevent them from a further life of crime being ingrained in their psyche.
It has not gone unnoticed that all the advocates who promote the age of criminality changes are strong on the emotional rhetoric but near mute on the alternative process for managing out-of-control kids. Perhaps the advocates should talk sternly to the kids on the street to solve the problem. Good luck with that.
There is a lot of noise in the Northern Territory (NT), where the government has recently reversed the lifting of the age of criminal responsibility. Noise from advocates claim that little ten-year-olds will end up in the infamous Don Dale youth centre.
Notably, the rest of the community made the noise to reverse this decision at the Ballot box. It’s funny how, on social issues, the advocates never accept they may be wrong. As remote as the Youth Centre option is, it would be a last resort to protect the community and the child.
Even with the NT crime rate amongst young perpetrators, the courts are the arbiters of punishment, so the chances of a child going to prison are remote.
But back to the crime issue in Victoria because it is at a critical stage.
The solutions, in no particular order, are;
Provide financial incentives for homeowners to improve security – physical barriers, not just CCTV, which record after the fact and are so prolific that they have little preventive value. Criminals, including kids, are inherently lazy, and if entering the house is more complex, they will be discouraged from trying.
Make the Courts and jurists accountable for performance. This does not impinge on the independence of the Judiciary but at least makes their performance effective against reasonable benchmarks.
Introduce a Police Reserve to release operationally competent police from non-operational roles to bolster front-line numbers, allowing for better and more effective proactive policing. Stopping crime before it starts.
Review the role and accountability of the Children’s Commission.
The current Commissioner’s CV exposes extensive and severe conflicts of interest at play to the degree that would make the appointee unable or unwilling to help young people without the influence of an ideological bent.
The silence of the Commissioner in the current crisis speaks volumes.
Liana Buchanan is the Principal Commissioner for Children and Young People
Liana Buchanan commenced as the Principal Commissioner for Children and Young People in April 2016. (Coincidently, not long before the CAA warned of this current crime Tsunami). She also sits as a part-time Commissioner of the Victorian Law Reform Commission.
Liana has a background in oversight and system reform for people experiencing disadvantage, with a strong focus on family violence and sexual assault. Before she was appointed Commissioner, her roles included the Executive Officer of the Federation of Community Legal Centres, where she led the peak body for Victoria’s 50 community legal centres, and the Director of the Office of Correctional Services Review, where she was responsible for monitoring Victoria’s corrections system. Liana has also held legal and policy positions with a social justice focus in a number of agencies, including the Victorian Equal Opportunity Commission, Department of Justice, Office for the Status of Women (SA) and Women’s Legal Service (SA).
It seems Ms Buchaman is only a part-time Commissioner for Children and Young People, and with her career focus on social justice values, this conflict is absolutely counterintuitive to what this role should be about – protecting the young and vulnerable.
Instead of remaining silent, the Commissioner should provide leadership to resolve the problems inflicted on our youth.
It is an apt time for a root and branch reappraisal of the various functions and roles in the non-coal face operatives supposedly working to help police in this war, a reality that is approaching fast.
Police are being sent to fight a war without logistical, legislative or political support, and that is unconscionable, for the Police, victims and youths alike.
In Response to our late friend and colleague, Dr Ray Shuey’s expert witness report into the long-running saga of the Andrews’ collision with a boy on a bicycle, Andrews released the following statement:
“This so-called report was commissioned by lawyers on behalf of their clients who are seeking money through the courts by suing their former lawyers.”
“We are not a part
y to this legal action. We did nothing wrong. This matter has already been comprehensively and independently investigated and closed by Victoria Police and integrity agencies.”
“We will not dignify these appalling conspiracy theories by commenting further at this time.”
Andrews refers to the report by Ray and then immediately denigrates it and by implication Ray, as a “conspiracy theorist”.
The members of the Community Advocacy Alliance and Ray’s family, friends and former colleagues take great umbrage at the besmirching of the reputation of a former outstanding member of the Victoria Police and fine citizen who worked literally on his dying day in the interests of others.
The CAA has been assured that if we can gather one hundred expressions of support from people who knew Ray as a person of impeccable integrity, a major Melbourne newspaper will take up the cudgels publicly on Ray’s behalf.
We ask you to complete the support document, and if you are a member or former member of Victoria Police, we ask that you add your Registered Service Number.
Your support shall remain confidential.
In Support of Ray Shuey
For your chance to stand up for Ray Shuey, fill in the form below. Please provide your Victoria Police registered number if applicable if you are a member or former member.
Support Dr Ray Shuey
415 signatures = 83% of goal
0
500
To read Ray Shuey’s full report, click the button below:
The insatiable appetite for money by governments as much as the crooks has fuelled the tobacco wars, and new taxes proposed are only going to increase criminal participation in this lucrative Black Market, a market driven by demand that will only expand.
As criminal enterprises have developed a strong network to distribute their products due to government inaction, it is inevitable that items with high tax regimes or other restrictions imposed by regulations will become the target as criminals expand their wealth creation networks.
With announcements that the taxes on cigarettes are set to rise, as will the taxes on alcohol, the expansion of the current ‘Black Market’ is guaranteed.
What has happened?
Many of the players in the Tobacco Black market are, or were, heavily involved in the Drug trade, but they have found addicts are not a reliable or secure source of finance. Drug addicts are schemers, so income is challenging to secure, and intimidation doesn’t always work for desperate addicts.
The cost of distribution with many drugs passing through multiple dealers, each taking a cut, usually in the product, can work out expensive, hitting the bottom line of the primary players or financiers.
It is much easier to intimidate small business owners to sell illegal tobacco.
The potential for severe penalties for serious drug crimes also has the principals of criminal enterprises looking for safer havens to do (illegal) business. The risks, in many respects, outweigh the advantages. However, crooks, being crooks, are addicted to money and power, so any profitable enterprise is a target.
Law enforcement has an uphill battle to try to control this crime because of a lack of will on the part of successive governments that have historically tried to ignore the problems in the hope they would go away or at least not hurt their electoral fortunes.
The first real inkling that organised crime was moving to a black-marketing model was their move into the Gymnasium sector, where they could not only reap profits but also recruit the necessary enforcement muscle and provide a ready distribution point for illicit drugs. Moreover, this area was unregulated, giving them unfettered access.
By and large, they avoided the alcohol market as it is well regulated, and generally, the nightclub scene has been spared for the same reason. Gambling, although never far from the criminal minds, has not provided fertile opportunities on a large scale.
Inevitably, other vulnerable markets will soon be exploited, given that criminal enterprises have established a ‘retail mechanism’ to market their black-market wares.
Illicit products, literally sold out of a car boot, have insufficient scale to be worthwhile; however, working under the guise of a legitimate business can scale up the market size and develop a loyal following that can be exploited further.
Some prominent and not-so-obvious enterprises will, if not now, eventually attract the criminal element running the black market.
Obvious future targets.
Pharmaceutical products- compounded knock-offs being the most obvious, but there are many more.
Petrol – although regulated, there will be effort targeting the resource to exploit any weaknesses, loyalty cards being the most obvious.
Food consumables- already legitimate retailers are hit hard by criminals stealing their goods. With the growth of the criminal’s access to customers through their black-market retail outlets (tobacco stores), shop stealing is set to rise dramatically.
Feeding into this phenomenon is the rise in the age of criminal intent to twelve years, and recruiting children under twelve will escalate because they cannot be prosecuted. Many eight- to twelve-year-olds are well capable of shoplifting quality targeted products in retail stores and supermarkets to be sold on the black-market. When they get older, they become ideal users and or dealers to service the drug trade.
Electronic devices – as the cost increases in the Mobile phone market, this will drive many to seek (latest) cheaper alternatives, and the black market is somewhere to go. This will undercut the major phone industry players and avoid taxes like GST.
There are, however, many more opportunities than listed here, but constant vigilance to control the criminal trade needs a special focus.
Much black-market trading is initially driven by financial pressure on some community sectors, while huge profits attract others.
Although there is no disputing that this is a law enforcement issue, enforcement cannot be achieved without the government’s direct intervention to ensure that law enforcement has the tools to do its job.
Although much of the focus is on Policing as the lead agency, which is fair enough, it would be foolish to assume they can do it on their own, an unrealistic expectation.
The Courts have a role to play, as do the other government agencies as well as the legislators, and to have any chance of controlling, let alone removing, this scourge of society, there must be a master plan, and all agencies held to account for it’s implementation.
Given the current fiscal pressure on their budgets, one would expect governments to be very keen, so the financial argument is compelling.
But it is not only the government budgets; these costs hit every taxpayer.
The excise and other taxes on tobacco have, without question, driven the astronomical growth of the tobacco black market.
A pack of legal Marlboro cigarettes will cost close to $60. A similar packet of illicit tobacco can cost as little as $15. With the newly flagged increase in the coming months, they will be close to $100 per pack.
Based purely on a financial rationale, it would be of more significant economic benefit to governments if they could achieve the lion’s share of taxes at a lower rate as customers move back to legitimate businesses, with a much lower tax regime rather than the profits (taxes) going to the criminals.
The loss of GST revenue alone should be justification for the government to lift its game.
To achieve the most significant impact, without fanfare, the shock to some criminals for a radical price shift at extremely short notice will be enough to destroy many of their business models. Even the cost of a container of cigarettes is a big debt if their income stream is severely damaged without time to adjust. Many criminals are importing multiple containers, so the damage of being unable to move that stock will be extreme.
To try to minimise costs, the criminal hierarchy will be forced to come out from the protection of the shadows. Forcing them to expose themselves as they reduce underlings to prop up their bottom line. This will greatly help the Police to identify them.
The argument that constant price hikes through taxes would achieve a decline in nicotine consumption, benefiting the whole community and taking pressure off the health system, has been exposed in recent media as a myth.
There has been an easily argued rationale for increasing the price of cigarettes based on the health argument that the dearer the cigarettes, so reducing the number of people who can afford to smoke automatically follows a correlation between price rises and user decline.
However, nicotine in Melbourne wastewater has remained stable for the last decade. This contradicts the claims from governments and health groups that putting the price of cigarettes beyond the reach of the masses will reduce nicotine use. That has now been shown to be a myth.
If meaningful inroads to destroy the criminal enterprises, which are undoubtedly very large, are to be achieved, a coordinated effort is required, and marketing principles should be at the fore.
It is well past time for the Police procedures at demonstrations to be reviewed before a police member is killed in the line of duty. While that death may be honourable, it will be a cold comfort to the member’s family and colleagues, and to know that it was avoidable will make it even more tragic.
The CAA has proposed the introduction of water cannons for crowd control in Victoria, predating COVID.
Demonstrators should go home with a wet tail rather than an injury from allegedly non-lethal bullets and or respiratory issues from chemical crowd control techniques, and the police have a better chance of going home uninjured.
But Government inaction has now seen many police injured in the latest disquiet.
There has been a pattern in the management of the police response to demonstrations over the last decade or so, and the greater the direct conflict between police and demonstrators, the greater the likelihood of injuries on both sides.
There has been a plethora of full-time special police units established to deal with public disorder and special response units in recent decades, these units have been established at the expense of police on the street where the community needs them.
Demonstrations are infrequent and generally of short duration, making it very difficult to justify all these full-time specialists. Especially when calling the Police to get help is so problematic, and the public gets all the usual excuses when there may be hundreds of police twiddling their thumbs between public disorder incidents.
Rather than all these full-time specialists and the resources that support them, police at the Coal Face, who volunteer, could be trained up and continue in their regular policing roles and called upon when needed. Keeping Police Stations Open and police cars on the road improves the overall police service.
The surfeit of ‘police anti-riot kits’ on display during these most recent demonstrations is unbelievable. Still, it has not saved over twenty police being injured thus far, and the demonstrations are ongoing.
We have no truck with the rabble currently wreaking havoc in our city, but the Police, again, are the proverbial punching bag. Police do not deserve to go to work to cop the disgusting treatment meted out by an unlawfully assembled mob.
It would not surprise us if, after the dust has settled, injured police members consider taking a class action with a massive damages suit.
All the risk to the Police could have been substantially mitigated if the Force and the Government had listened to the CAA and acquired a Water Cannon capability.
These vehicles are not cheap, so if cost is an issue, the resources could be shared with other states, as most demonstrations of note have a substantial lead-in time to allow for the vehicles to be moved to where they may be required.
The cost offset against the substantial reduction in the number of police required at a demonstration surely makes a sound business case.
Based on the cost of police for the latest demonstration at $30m, water cannons could reduce the police members’ commitments by 1/3 and would have saved $10m, sufficient to provide more than one water cannon with ongoing operating costs well offset from future demonstrations.
The bottom line is that the police would be placed at a lesser risk of not engaging with violent thugs physically. The crowds can be quickly moved on with minimal harm to police and the miscreants.
In Israel, it is reported that they regularly use water cannons with a novel variation. Dye is added to the water so they can identify perpetrators to round up later. Not a silly idea.
In a conversation with a former Police Commissioner, he was asked why the Water cannon in that state had been disposed of. He answered that the device was old, which was fair enough, but his other reason astounded us. It hadn’t been used in years.
Perhaps the fact that they had one meant that the cannon’s mere presence was a substantial deterrent.
We are also surprised that the Police Association has not been vocal on this point, given the lack of water cannon’s adverse impact on members.
There is little doubt demonstrators will start using chemical sprays and other weapons to counter the Police in the future; however, being drenched to the skin will dissuade many from their endeavours. If that doesn’t work, a water cannon can knock them off their feet.
Using water instead of firearms and chemical weapons for crowd control is a far more effective and humane way to control those bent on unlawful mob behaviour.
Having to go home after a demonstration saturated to the skin would be very uncomfortable indeed and likely discourage many from returning, no matter how dedicated they are to their cause.
That they may be covered in bright dye that is not easily removed would extend the deterrent effect dramatically as they try to resume their everyday lives, not to mention they would also be waiting for a knock on the door as police round up perpetrators post-event.
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‘Ill-informed’
