March 1999 Volume 80 Number 3 "serving the protectors"
PASA President States Police Case in WA Parliament House

Within only eight days of his election as Police Federation of Australia president, Peter Alexander was fighting for the police cause in Parliament House, Western Australia. He’d accepted an invitation to address the Working Group of Parliamentary Committees Oversighting Anti-Corruption, Criminal Justice and Law Enforcement Bodies. These are extracts from his speech.

...the Police Federation of Australia supports the right for the respective bodies that you overview to exist. I say that somewhat flippantly after the right for the Police Federation to exist was challenged by a number of state governments and police commissioners.

...we would ask that you ensure that you deliver inter alia to the agencies you oversight the rights of honest police to fair process.

Your challenge is, of course, to ensure that, in your jurisdictions, the public services and police services are honest and creditable. That is, of course, the highest priority. But may I suggest to achieve it, you must ensure that, within the agencies you oversight, a zealot type of approach is not encouraged but one in itself that is effective, honest and creditable.

IDENTIFIED PRACTICAL CONSIDERATIONS FROM POLICE FEDERATION AFFILIATES

The joint standing committee should be well-resourced and have the legislative power to enter the commission, inspect and seize documents and audit the commission’s records. This could be achieved by having dedicated personnel attached to the joint standing committee, perhaps as part of a secretariat function.

There should also perhaps be a public interest monitor as there is in Queensland where the Criminal Justice Commission operates. The public interest monitor appears on behalf of the public interest in all applications for telephone intercept and listening-device warrants and argues the public interest.

...this also reduces the circumstances that might lead to application by police unions to challenge warrants.

The heavy emphasis on public hearings should also be scrutinized more closely...as intemperate use of public hearings has the capacity to severely damage the reputation of persons, usually under the guise of a claim by the relevant commission that publicity is necessary...to gain the co-operation of the public. To date, we are unaware of any figures from any commission which support this contention...

Where organizations are given almost unfettered power to demand information and answers under oath, it is imperative that they be accountable, lest the excesses about which they complain, and which largely form the basis for their existence, breed within their own environments.

SPECIFIC DIFFICULTIES FROM POLICE FEDERATION AFFILIATES

Potential witnesses should be given access to the terms of reference so as to be satisfied that they are not ultra vires. It is imperative that the citizen has the right to inspect the term of reference or constitution of the court to satisfy him(self) or herself that they are being legally compelled to answer.

...in Western Australia, officers are not allowed to check the legality of the inquiry before being compelled to attend and answer.

The right of cross-examination should be afforded each person affected... We note that in WA there is no right to cross-examine witnesses.

During the interview process the witnesses should be identified as either witnesses or suspects. This is a particular complaint from Queensland with the CJC not nominating the status of people and the union having to bear considerably more expense by having lawyers attend for every person... If notice was given that a person was merely a witness, he or she could be accompanied by other than a legal representative.

Queensland has also experienced difficulties with the CJC deciding that the union lawyer cannot represent more than one potential witness during the investigative process as they believe he has a conflict of interest. Clearly, this is not so, as many lawyers properly act for more than one person in many jurisdictions.

In South Australia, a recent review conducted by retired District Court judge Iris Stevens...identified a number of ambiguities in the Police Complaints Authority legislation - and processes associated with that legislation. It is hoped that appropriate legislative change will result.

THE NEED FOR ACCOUNTABILITY OF THE REVIEW AGENCIES

We hold the view that external review of police agencies is absolutely necessary. However, agencies must provide that service ethically and with best value for taxpayers money. With respect, the present arrangements...are not such as to ensure that the public are well served by their (agencies’) efforts.

LACK OF INDEPENDENT REVIEW

Disputes with agencies characteristically lead to a dismissive response... The response (is) often that no further discussion/review of decisions by the agency will be entertained.

...review mechanisms ought to be available to those dissatisfied with decisions/conclusions of the agencies.

TOO MANY REVIEW AGENCIES FOR THE POLICE?

Police within Australia are currently reviewed by a plethora of review agencies...no other organization must suffer distraction from its core mission by so many bodies. A significant amount of police effort is consumed in responding to these multiple agencies.

Each jurisdiction should have a single body responsible for responding to police complaints.

NEGATIVE EFFECTS OF OVERVIEW AGENCIES

..police overview agencies have a tendency to cause the police to become excessively inward-looking at the expense of their duty to the public...

..there is the potential for agencies to fall into many of the practices which they argue occur from time to time in police agencies.

Having embarked on an investigation into a person, the agency appears to be compelled to find a person guilty of something to justify the investigation.

We have seen:

• Excessive expenditure on individual matters.
• Excessive delays.
• A refusal to accept feedback or criticism.

The agencies tend to be dominated by a legalistic reasoning based on rules and rule-based compliance, rather than a more realistic management model that forgives honest mistakes and seeks to change behaviour. Conversely, some of the agencies appear, on occasion, to fail to comply with the principles of natural justice.

The agencies tend to have a poor to non-existent understanding of policing. As a result, experienced police officers are continually astonished at the agencies’ lack of understanding of policing and the legal process.

In many jurisdictions, officers are often reluctant to engage with criminals. In part, this is because of their fear of attracting complaints which will permanently damage their professional career(s). There is an emergence within the culture of the view that the best way to avoid complaints is to do as little as possible.

RECOMMENDATION

All parliamentary committees should have a mechanism to ensure that the agencies they overview carry out their functions in an ethical way... To facilitate this, they should appoint a group responsible for reviewing all the anti-corruption, criminal justice and law enforcement bodies.

(I) reiterate on behalf of your police that they be given what has traditionally been known in Australia as “a fair go”.

MOTOMAN INDUSTRIAL WEAR PTY. LTD. A.C.N. 003 889 932 Suppliers of SPECIALIST OVERALLS to the NSW POLICE RESCUE SQUAD, TOU, SPG, RTA and DOG SQUAD. HAZMAT OVERALLS to the NSW FIRE BRIGADE, MINE RESCUE OVERALLS and BUSH FIRE UNIFORMS. We also supply Overalls and EMERGENCY uniforms for the AMBULANCE SERVICES, SES, FEDERAL POLICE and CORRECTIONAL SERVICES in most States. Our Design team can adapt any Overall to your individual specifications. HEAD OFFICE ADDRESS: 127 RAILWAY PARADE, ERSKINVILLE, N.S.W. 2043 POSTAL ADDRESS: P.O. BOX 1599, STRAWBERRY HILLS, N.S.W. 2012 TELEPHONE: (02) 9557 5430  FACSIMILE: (02) 9557 5425