December 2002 Volume 83 Number 12
"serving the protectors"
| December 2002 Volume 83 Number 12 "serving the protectors" |
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| By Mark Carroll, PASA Assistant Secretary |
Police officers have rights, too
To help members understand their rights and obligations during investigations into their conduct, the Police Association recently supplied them with a handbook that details the investigation process.
It is an important handbook that you should take the time to read. Moreover, members must be aware that, when they are involved in critical incidents on duty, the Communications Centre will not, as a matter of course, contact an association representative. For such representative to attend, members must request that Communications contact the Police Association. It is important that an association representative attend to ensure members’ legal and industrial safeguards are observed.
SAPOL branches – such as Internal Investigations, Psychology and Welfare – will be called automatically. But, without a request, Communications will not contact the Police Association.
The Police Association committee and staff are perplexed at SAPOL’s refusal to include PASA on call-out lists for critical incidents. We have recently requested that the Commissioner reconsider his position. In NSW, a comprehensive policy document, Guidelines for the management and investigation of Critical Incidents, requires the Police Association to be part of the mandatory call-out list.
Forced transfers
From time to time, members are transferred against their will. The most common transfer of this type is to the Communications Centre. Most members at Communications enjoy their work and don’t necessarily understand the reluctance. Some members forcibly transferred to Communications have stayed long after their tenure.
However, members do have appeal rights on transfer. The power to transfer is governed by section 47 of the Police Act. The Commissioner may, without conducting selection processes, transfer a member from his or her current position to another position for an indefinite period or specified term. At section 47(4), a member aggrieved by a transfer may apply to have his or her grievance dealt with by the Commissioner under regulation 37 under the Police Act. Grievances lodged under this regulation must be in writing on the appropriate form, identify the transfer giving rise to the grievance and set out the grounds for the grievance. It must be lodged within 14 days after the member is notified in writing of his or her transfer under section 47.
A host of reasons may be legitimate. They may be based on distance, family and social considerations or medical reasons. However, not wanting to work in a particular area might not get you over the line. But your right to have a transfer grievance dealt with – and given a hearing – is law. Too many members we speak to believe that if they exercise this right, they will become a target for the organization for the rest of their careers. That belief is very sad, both for the organization and individual. Remember that, just as you must justify your reasons in lodging a grievance, SAPOL is obliged to provide procedural fairness and consider your reasons fairly and equitably.
Christmas and New Year greetings
I wish all members a safe and incident-free Christmas and New Year. Take care everywhere. Thankyou to all those loyal members who continue to support their association – it is greatly appreciated. I particularly look forward to 2003. It will be an enterprise-bargaining year. That means a lot of work to do and lots of argument and debate, so get involved.
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