Journal Archive
.
The
President of the Police Association of South Australia publishes his 'message'
in the Police Journal every month. The messages of
the president, Peter Alexander, follow.
PRESIDENT'S MESSAGE - DECEMBER 1998
The Police Association has faced a challenging year through 1998. The new Police Act will be proclaimed in the near future and create significant changes to SAPOL.
Through appropriate political lobbying, the Association was able not only to protect members’ working conditions but also their rights in the areas of:
Contract employment
Transfer appeals.
Dismissal provisions.
Promotional appeals.
Moreover, The Association has achieved an enterprise bargaining agreement which has been overwhelmingly endorsed by the membership. A five-year housing agreement that delivers a fair deal and certainty to country members, their partners and families has also been achieved.
However, 1999 will test the Association as it deals with SAPOL’s proposed staff reductions, personnel issues associated with the new Local Service Areas and other important issues.
As obvious today as it was when the Association was founded in 1911, is that success is achievable when we remain united.
On behalf of the secretary, the committee of management, delegates and staff, I wish all members and their families best wishes for Christmas and the New Year.
PRESIDENT'S MESSAGE - NOVEMBER 1998
The question of indemnification
Many instances of members being sued for unlawful arrest, wrongful imprisonment, assault and malicious prosecution have occurred in recent times.
This trend of increased litigation against police officers is disturbing enough, but also of concern is that in many of those cases, the Government has refused to indemnify the police officers involved.
Section 51A of the Police Act provides protection from liability for members of the Police Force under criteria which reads:
Subsection (1) - A member of the police force does not incur any civil liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of any powers, functions, duties or responsibilities conferred or imposed by any provision of this or any other Act (whenever enacted) or by law.
Subsection (2) - A liability that would, but for subsection (1), lie against a member of the police force lies against the Crown.
Of still further concern is that, after refusing to indemnify officers, the Government then settles the matter (no doubt for commercial reasons), without defending it in court. Officers are therefore denied the opportunity to defend themselves.
This trend is another example of the Government not supporting operational police.
It must not be allowed to continue.
PRESIDENT'S MESSAGE - OCTOBER 1998
Retired judge Iris Stevens' review of the Police Complaints Authority has now been tabled in Parliament.
The Attorney-General ordered the review after continual complaints from the Police Association and recent highly publicised findings by the Authority.
The review focussed partly on the operations and processes of the Commissioner of Police and the Internal Investigation Branch in terms of their statutory functions relative to investigating and reporting on complaints against police officers.
I believe the summary of issues identified by the retired judge clearly highlights the major concerns voiced by police officers over many years. Questions which those issues raise include:* Should the Authority, the Commissioner and the IIB - in light of the decision in Casino's case - re-examine their procedures to achieve strict compliance with the Act, by ensuring that none of its procedural steps are omitted and no procedural steps which are not sanctioned are introduced?
* Should the ambiguities in the Act, such as those in the making of assessments and findings on conduct, be afforded statutory clarification?
* Should the inequities in the Act, in relation to supplying police officers with particulars of investigations and the opportunity to make submissions, be remedied by statutory amendment?
* Should the confidentiality of reports relating to investigation results be clarified by statutory amendment?
* Should complaints concerning management issues be transferred to the Commissioner for managerial action?The Association now calls on the Attorney-General to introduce legislation at the earliest opportunity to remedy those ambiguities so clearly identified in the Act by Mrs Stevens' report.
We thank all those members who provided documentation and information to assist the Association submission to the review.
The anxiety caused to members, their partners and families, by what can only be described in a number of cases as a denial of natural justice, has been clearly evident to the Association. We will continue to lobby Parliament until appropriate legislation is passed.
Copies of the full report of over 100 pages are held at the Association.
This issue, which is about getting a 'fair go' for police officers, is as important as any issue currently being dealt with by the Association. It will be pursued accordingly.
Peter Alexander
President
PRESIDENT'S MESSAGE - SEPTEMBER 1998
The Police Association and SAPOL have been involved in debate about Enterprise Bargaining and the new police bill in recent months. This debate has drawn public comment which, at times, has been understandably acrimonious. The Association makes no apology for pursuing these issues, at all levels, as a means of representing members' interests.
For its part, SAPOL has expressed concern about public comment by some members regarding such issues. There can be no doubt that any such comment should be responsibly made and reflect relevant circumstances fairly.
The right of free speech is something which democratic countries consider fundamental. Nowhere is this more evident than in the right to debate publicly issues before our Parliament(s). Amendments to the Police Act are just such an issue. To deny police officers the right to debate publicly such an issue is a fundamental breach of their democratic rights.
Equally, the State Industrial & Employee Relations Act provides that employees may not be prejudiced in their employment for participating in an industrial dispute. Logically, this must include commenting about such a dispute.
Discussions with the Police Department have already commenced regarding appropriate protocols for public statements concerning industrial issues. We acknowledge the desirability of achieving an agreed position on public statements.
The Association will, however, do whatever is required to ensure that the right of any member to express legitimate opinion is protected.
Neither veiled threat nor intimidation will weaken our resolve in that regard.
Peter Alexander
President
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South Australia Police
"Creating a safer community"
To all PASA delegates and committee members
Dear ____
I am writing to you personally to express my concerns at the practice of some Police Association delegates in making public statements, reported in the media, on industrial matters related to SAPOL.
SAPOL values the role of worksite representatives in producing positive employee relationships. It is because of this that SAPOL supports your efforts locally, expects managers to positively respond to issues raised by you, and approves attendance at delegates' conferences in paid time.
The conduct of police officers regarding public statements to the media is regulated by General Order 2590 and I expect any statements relating to SAPOL by paid employees to comply with that Order.
There will be times when industrial matters will be discussed in public forums. When this occurs I expect that public comments will be made by paid officials of the Police Association. The role of Police Association delegates is to represent their members in relation to local worksite issues and this assists both SAPOL and the Police Association in managing employee relations.
These views have been conveyed to the Police Association. I would be pleased to address any concerns you might wish to raise on this topic and can be contacted by telephoning 8204 2955 (or Superintendent Trueman on telephone 8204 2254).
Yours sincerely
Joan Russell
DIRECTOR, HUMAN RESOURCES13 August 1998
PRESIDENT'S MESSAGE - AUGUST 1998
The $4 million budget reduction announced by SAPOL is still further evidence of the economic rationalism we have come to expect in recent years.
We are told that SAPOL's intention is yet again to reduce staffing levels. It appears that commitments to resume normal recruitment are only ever made prior to elections - this is unacceptable.
Also unacceptable is the intention to reduce members' take-home salary in order to find the required savings. This follows a period of downsizing the force, outsourcing and civilianisation.
SAPOL appears incapable - or unwilling - to resist the continual attack on its budget by the Government.
The Police Association membership must continue to:* Educate the community in terms of what is happening to their police force.
* Be proactive in protecting members' wages and conditions.
* Ensure that the delivery of police services is not reduced.
PETER ALEXANDER
President
PRESIDENT'S MESSAGE - JULY 1998
LETTER TO ALL MEMBERS OF PARLIAMENT REGARDING THE POLICE BILLS
PA:ld:3116/92
6 July 1998
All Members of Parliament
Parliament House
North Terrace
ADELAIDE SA 5000
Dear Sir/Madam
I wish to draw your attention to recent Government reviews of the Police Bill (1998) and the Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill 1998.
The Association believes that, if legislated, the draft bills will be damaging to the S.A. Police Department and to the South Australian community. The proposed changes concentrate substantial power in the office of the Police Commissioner, undermining parliamentary checks currently in place in the administration of Police Acts and reversing efforts to improve transparency and accountability within the Police Department. The Association is moreover concerned that the proposed changes will exacerbate problems identified in recent reports that draw strong correlations between police officers' falling commitment levels and lack of organisational support.
We submit that the proposed changes to the Police Acts will:* Unjustifiably widen the Commissioner's powers and increase informal processes in a number of new disciplinary, codes of conduct and employment areas.
* Allow the Commissioner to determine the number of sergeant and constable positions without Ministerial approval, as is currently the case;
* Introduce term contracts, the conditions of which are to be determined by the Commissioner.
* Substantially lower standards of proof in disciplinary processes, allowing officers to be dismissed on the 'balance of probabilities' rather than 'beyond reasonable doubt'.
* Give the Commissioner new powers to dismiss officers for unsatisfactory performance without recourse to the Minister, as is currently the case, and to transfer officers without conducting selection processes.
In terms of human resource management, the proposed changes can at best be described as regressive. They undermine fairness and accountability in SAPOL by investing power in a single office rather than in transparent procedures. They also fail to acknowledge the specific demands and pressures on police officers; increased discretionary powers for management will only fuel perceptions that individuals within the department are not valued, while term contracts are not suited to the vocational commitment policing requires. In a police force that has the highest standards of any in Australia, why introduce opportunities for corruption and nepotism by reducing democratic processes and job security?
The Association supports the opportunity to amend the Acts in more constructive, forward-looking ways. This can be done by simplifying legislation that is currently overly complex and ambiguous, developing more reliable and transparent processes of review and accountability, and enhancing participation and feedback in decision-making processes. We believe that proposed increased penalties for breaches of discipline for instance may more beneficially be replaced with measures to improve training and management practices in SAPOL.
Changes along these lines can be expected to increase police officers' motivation and commitment to the organisation. As they stand, however, the Government's proposed amendments will only undermine relations between officers, the Police Department and, ultimately, the community.
We urge that a review of the Acts be referred to a Parliamentary Committee, where more detailed submissions can be made.
Yours sincerely
PETER ALEXANDER
President
PRESIDENT'S MESSAGE - JUNE 1998
RESPONSE TO THE POLICE MINISTER REGARDING THE DRAFT POLICE BILL
20th May 1998
The Honourable lain Evans MP
Minister for Police
Level 11
45 Pirie Street
ADELAIDE SA 5000
Dear Minister
I refer to your letter dated 15th May 1998, previous correspondence and discussions with the Attorney-General and you regarding the draft Police Bill 1998 and the draft Police (Complaints and Disciplinary Proceedings) (Miscellaneous) Amendment Bill 1998.
The Police Association is disappointed that the Government has moved to introduce legislation that, particularly in the areas of human resource management, could only be described as draconian.
If the draft Bills become law, South Australia will have a Police Commissioner with unbridled powers over employment, promotion, discipline and dismissal - without the appropriate balances that police officers have been given by successive governments in this State since early this century.
The dangers associated with the autocratic Police Commissioner the draft Police Bill creates are axiomatic; they were raised with you during our recent discussions. The decision to redraft Clause 22 of the Police Bill relevant to term appointments fails to address the inequity it will produce.
The intention to lower the standard of proof as outlined in the draft Bill to amend the Police (Complaints and Disciplinary Proceedings) Act denies police basic rights and gives no balance to the unique employment conditions and obligations required of police officers. It will be vigorously opposed.
Given the attitude of the Attorney-General and you to the proposed legislation, it would appear futile for further meetings to take place.
The Association and its members will not only take this matter to all Members of Parliament but also the community to prevent the passing of legislation not in the best interests of South Australians and the members of their Police Force.
Yours sincerely
PETER ALEXANDER
President
cc Attorney General
PRESIDENT'S MESSAGE - MAY 1998
Rosters
The rostering dispute looks set to be heard in the Industrial Commission after the completion of the trial - there has been no indication from the employer of an intention to compromise. It is not unreasonable for the employer to want more flexible rostering, and an appropriate result could be negotiated. What is unreasonable is scant regard for the health and safety of the men and women required to work around the clock in the demanding occupation of policing.
The adjustments necessary to the sleeping and eating habits of shiftworkers is well documented, as are all the side-effects of rotating shiftwork. Add to that, the unpredictability of rostering without reasonable allocation of days off. Is it any wonder that there are concerns expressed about the proposed rosters. Also of concern is the effect on the personal relationships and family life of members.
This view was corroborated by a recent study by the University of South Australia's Centre for Sleep Research which found that: "Over time, the social costs of the proposed rosters would most likely manifest as increased absenteeism, increased staff turnover, reduced morale and increased family problems. It is also likely that the specific reductions in leisure preference times could be associated with lower fitness levels and an increased risk of lifestyle illness for these officers."
This is an important issue. The Association will give full commitment to protecting the interests of the greatest resource in policing: the members.
PETER ALEXANDER
PRESIDENT
PRESIDENT'S MESSAGE - APRIL 1998
The Police Association is currently dealing with five major issues which either directly or indirectly affect all members.
Enterprise Bargaining
Both the Government and Police Department have failed to make any significant response to the Association claim. At the time of writing, however, the Commissioner of Police has advised that he is "waiting for the Government to endorse the employer's position".
Police Complaints Authority Review
Retired judge, Iris Stevens, has commenced her review of the Police Complaints Authority and has met with the Association. Submissions from members continue to be received. It is expected that the review will be complete within three months.
Roster Trial
Notwithstanding the 12-week roster trial, the dispute regarding this issue is not resolved. It is expected to be set for hearing in the State Industrial Commission in late April or early May. Our concerns are for the health, safety and wellbeing of those who have to work the proposed rosters.
Country Housing
The Association proposal is now before the Government and makes good commercial sense. The market rent position of the Government is not appropriate for police housing for a number of reasons and will be strongly opposed.
Police Act
A new Police Bill is soon to be presented to Parliament. We understand that dismissal on suspicion is no longer being pursued but that the draft bill contains a number of proposals including changes to promotion, selection and,,, appeal provisions.
The Commissioner of Police has indicated his intention to discuss the draft bill with the Association in the near future.
Notwithstanding all of these issues, and the Department's Focus 21 projects, the reality is that real change can only come from changes to legislation and award variation.
A second enterprise agreement can underpin the changes required by all parties. It is time to stop talking about change and give full commitment to the enterprise bargaining process.
PETER ALEXANDER
PRESIDENT
PRESIDENT'S MESSAGE - MARCH 1998
The Police Association welcomes the Attorney-General's recent announcement of a review of the Police Complaints Authority. It will be undertaken by retired District Court judge, Mrs Iris Stevens. The review will encompass:
The operations and processes of the Police Complaints Authority, the Commissioner of Police and the Internal Investigations Branch in relation to their statutory functions in investigating and reporting on complaints against police officers under the Police (Complaints and Disciplinary Proceedings) Act.
It will also:
Report upon the effectiveness and appropriateness of those operations and processes.
This decision follows extensive negotiations between the Association and the Attorney-General.
Members will be able to express their grievances with the current system through the Association for inclusion in the Association submission to the independent review.
The Association is well aware of the level of frustration among its members in relation to the workings of the PCA and the resultant effect on individual members and their families.
The review is an opportunity to resolve the current situation which unfairly undermines the good name of the SA Police and adversely affects many police officers personally - and all of them collectively.
It is hoped that the review will be completed within two months.
PETER ALEXANDER
PRESIDENT
PRESIDENT'S MESSAGE - FEBRUARY 1998
After a recent meeting with the Attorney-General and other State Government officials, it is the Association's view that an urgent need exists for Parliament to, review the legislation which provides for the investigation of complaints against members of the police force and the related duties and functions of the Police Complaints Authority.
Our concerns were expressed both in person and in the form of a written submission. Those concerns indicated the requirement for:* Investigations to be dealt with speedily and properly.
* Members to be informed as soon as practicable of allegations made against them.
* Proper fact-finding standards to be applied to all allegations.
* Unproven allegations to result in members being considered completely innocent.
* PCA speculation on unproven matters to be disallowed.Other concerns held by the Association relate to multiple allegations against a number of members arising from one incident. There should be no "blanket" description of culpability (if found). Care should be taken to identify properly individual culpability if indeed grounds exist to do so. The PCA should make it clear that, where an assessment is made, it is still up to the Police Disciplinary Tribunal to reach a finding.
Another concern is that members should not be forced to receive advice or counselling or accept any form of censure when they have denied a matter of fact and such fact is not established.
We will be following the progress of our submission closely and will keep members advised.
PETER ALEXANDER
PRESIDENT
PRESIDENT'S MESSAGE - JANUARY 1998
The historic first meeting of the federal executive of the Police Federation of Australia has been scheduled for this month. The new federally registered organisation represents more than 40,000 police officers across the country. Fifty years in the making, the Police Federation of Australia has been created in the face of a welter of legal challenges from various State governments and commissioners of police throughout Australia.
The Police Association of South Australia will continue to exist as ft has since 1911. The South Australian branch of the Police Federation of Australia will exist in its own right as a branch of the federal body. Full details of what this means to our membership will be circulated during January.
This is a significant achievement for the industrial bodies who represent police officers across the country. It will no doubt lead to greater mobility and better recognition of the police occupation on a national level. We also expect to improve representation of members interests in areas under the jurisdiction of the Commonwealth Government - something which is best done by a federal organisation.PETER ALEXANDER
PRESIDENT
