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.
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.
Break The Needle article 10 is again a very interesting and innovative way the Canadians are exploring strategies to deal with their drug crisis, which is not very dissimilar to our own.
Going after the companies that have made huge profits from promoting opioids is a very smart way, if successful, to fund the rehabilitation of addicts.
It is important that the Canadian Supreme Court has paved the way for all States of Canada and the Canadian federal parliament to join together in a class action against the parasitical companies at the alleged heart of the opioid crisis.
Our governments must keep a very close eye on developments and start to formulate the necessary legislation to allow a similar action in Australia.
In a landmark decision, the Supreme Court of Canada ruled Friday that a first-of-its-kind, nationwide class action lawsuit could proceed against 49 companies alleged to have played a role in Canada’s opioid crisis.
The lawsuit, which B.C. has already launched, seeks to recover some of the health-care costs governments have incurred since 1996 in responding to the drug crisis.
The crisis has claimed more than 47,000 lives nationwide in the last eight years alone.
“I am pleased by the Supreme Court decision affirming our right to hold pharmaceutical companies to account,” the federal Minister of Mental Health and Addictions Ya’ara Saks said in a post on social media platform X following the judgment.
“Canada intends to join this suit should it be certified,” the post said, referring to the process where a court determines whether a class-action lawsuit can proceed.
“We’ve taken action to crack down on the predatory practices of the pharmaceutical industry — and we won’t stop now,” Saks wrote.
That provision enables B.C. to file lawsuits on other governments’ behalf.
Four of the 49 companies named in the class action — Sanis Health Inc., Shoppers Drug Mart Inc., Sandoz Canada Inc., and McKesson Canada Corporation — argued the provision was an unconstitutional overreach, violating territorial limits on provinces’ legislative power and undermining the sovereignty of other governments.
In a 6-1 decision, Canada’s highest court dismissed the companies’ appeal.
“National class actions, and in particular multi-Crown class actions, ensure that justice is not blocked by provincial borders,” Justice Andromache Karakatsanis wrote for the majority.
“The opioid epidemic is a stark example of a crisis that should attract cooperation and comity,” she wrote.
The court also said B.C.’s legislation respects provinces’ sovereignty because they retain the option “to opt out and go it alone.”
However, no province has exercised this option. All 10 provinces and three territories have chosen to join B.C.’s lawsuit. In 2022, the B.C. revised its legislation to permit the federal government to join its lawsuit as well, but it has not yet done so.
The court noted in its decision that some smaller jurisdictions would be unlikely to bring lawsuits if they were required to do so alone.
“As the Attorneys General for the Northwest Territories and Prince Edward Island point out, the existence of this choice [of joining the nationwide lawsuit] may be the only way that smaller jurisdictions could achieve recovery,” Karakatsanis wrote.
In a further show of solidarity, most Canadian provinces and territories have passed their own opioid-recovery laws modelled after B.C.’s legislation. These include provisions similar to the one challenged in this case.
The court noted that B.C.’s legislation is modelled on the province’s Tobacco Damages and Health Care Costs Recovery Act — legislation B.C. has used to sue tobacco companies for costs associated with tobacco-related harms. However, that legislation does not contain a provision comparable to the one in dispute in this case.
Some provincial governments — including B.C., Ontario and Quebec — have brought lawsuits against tobacco companies individually, while others have not commenced any litigation.
In the US, state, federal, municipal and tribal governments have pursued a similar unification strategy against pharmaceutical companies over that country’s opioid crisis. The Multidistrict Litigation process has resulted in more than $50-billion in settlements so far.
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?”
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