August 1999 Volume 80 Number 8 "serving the protectors"
The Readout

Barrier to Tertiary Study

Dear Editor

For some years now it has become clear that SAPOL has a clear objective of improving the overall level of academic scholarship among its members. The introduction of the Associate Diploma in Justice Administration as a minimum requirement for promotion and raising the academic level required for trainee entry have been two notable manifestations of this objective.

Like myself, many members have seen fit to continue their academic pursuits beyond the Associate Diploma level and continue tertiary studies either through TAFE or one of the excellent universities existing in this State. I feel certain that SAPOL (and the community in general) have gained a great deal by having police officers with a more varied array of academic backgrounds than was the case in the past. Of even greater delight to SAPOL management must be the fact that the vast majority of those who continue their studies are doing so at their own expense, but that’s another matter altogether.

At the beginning of 1999 I made the decision to undertake honours studies, motivated in part by my own interest and also a desire to improve my future prospects within SAPOL. As part of the preparation for this study I am required to submit an ethics proposal to the University Ethics Committee, outlining procedures for confidentiality. This theme of confidentiality and anonymity is a critical issue when conducting research at this level. As my proposed study deals with parental attitudes to child behaviour it occurred to me that there would be opportunities where I may become aware of cases of suspected child abuse or neglect.

Section 11 of the Children’s Protection Act, 1993, requires that nominated persons (including police officers) must report suspected child abuse or neglect. The section is qualified, however, by the provision that the suspicion must be formed in the course of work or while carrying out official duties.

The notion of police officers and duty has always been a grey area and therefore I sought several legal opinions as to my status as a university student versus police officer while I am engaged in university study.

The results of these opinions were fairly consistent - a police officer’s common law duty will always override obligations of confidentiality, anonymity, etc. In particular, referring back to my own case, if I was to become aware of any reportable incident arising from my research then I have a duty to report it, regardless of whether I was on or off duty at the time.

The ramifications of such definitions of duty as it applies to police officers, especially those engaged in tertiary study, are wide-ranging. It effectively means that a whole raft of avenues of study will be difficult (nigh impossible) for a police officer to undertake due to the inability to guarantee confidentiality. Police officers will be barred from conducting confidential surveys on a whole range of topics including any research into personal relationships (what if a husband admitted raping his wife or a parent admitted abusing their child?). Police officers undertaking law degrees would be unable to be present during client/lawyer discussions (during work placements) in case the client made admissions as to the commission of an offence. The police officer would be “duty-bound” to administer a caution to the client.

I am sure that there are many other examples which could be cited as to the conflict arising between study and duty.

The point I wish to make is that if the South Australian community desires a better educated police service with a variety of academic backgrounds, then changes need to be made to relevant legislation to enable police officers access to the same qualifications available to all other members of the community. Otherwise, the result will be a police service with a limited academic range and police officers leaving the service to pursue academic desires (without being hamstrung by duty).

Police officers already have to endure enough statutory obligations and breaches of their civil liberties (the obligation to answer questions is an excellent example) without the need for further restrictions on their ability to enjoy the full range of activities available to anyone else. Conflicts such as the above do nothing to attract recruits who may have some academic inclination or motivate present members to achieve a higher academic standard.

Paul Bahr
Physical Evidence Section

Helped By Association’s Words, Actions

Dear Sirs

I have had a great deal of distress over the last 12 months after being advised I will require a heart transplant. This, of course, had given stress and a week later a stroke. From that time I did not work and assistance from the Welfare Section and the department helped me overcome some of the difficulties being faced before my family and myself. Around the Christmas period was the most worrying and this was helped by the words and actions of the Association. Without their help I still wonder how things would have worked out.

Since that time I had some good luck when, with the help of drugs, my heart capacity increased above the heart transplant level to keep me away from that operation.

In February I recommenced duty in a limited capacity, but this is better than the other options.

I thank the Welfare Section and the Association for all their assistance and best wishes and hope all their ventures are as successful.

To the executive again I thank you and wish you all the best.

Regards
Dave Petterson

Care and Compassion Appreciated

Dear Sir

Through the medium of your Police Journal on behalf of my wife and myself we wish to publicly express our thanks and gratitude to David Marr and Greg O’Neill, the funeral director attending to the sudden passing away of our daughter, Monique.

Their care and compassion were a great support to our family.

Yours faithfully
Hetty and Hank Browning

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