operation gradient reaching new heights - Queensland Police Union
operation gradient reaching new heights - Queensland Police Union
operation gradient reaching new heights - Queensland Police Union
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MARCH 2010<br />
OFFICIAL PUBLICATION OF THE QUEENSLAND POLICE UNION<br />
OPERATION GRADIENT<br />
REACHING NEW HEIGHTS<br />
FIGHTING YOUTH CRIME AND GANG VIOLENCE<br />
ON THE CITY STREETS<br />
Kokoda Mick’s CHALLENGE BLIGH’S BUDGET BLUES Peter Thomas Profile
CONTENTS<br />
cover story Page 21<br />
Operation Gradient Reaching New Heights<br />
Her attackers were a gang of teenage girls. They allegedly<br />
beat her and threw her into the Brisbane River. Not one of<br />
them stopped to think whether their victim could swim,<br />
not one of them thought about the consequences.<br />
General President<br />
General Secretary<br />
Asst General Secretary<br />
EXECUTIVE MEMBERS<br />
General Vice President and<br />
Northern Region<br />
Far Northern Region<br />
Central Region<br />
North Coast Region<br />
South Eastern Region<br />
Southern Region<br />
Metro North Region<br />
Metro South Region<br />
HQ & COC Region<br />
UNION STAFF<br />
Industrial<br />
Industrial Support<br />
Executive Secretary<br />
Finance<br />
Legal<br />
Solicitor<br />
Legal<br />
Barrister (Retained)<br />
Editorial Coordinator and<br />
Media/Government Relations<br />
Journal Editor<br />
IT Admin<br />
Membership<br />
Reception<br />
COMMITTEES<br />
Executive Committees and<br />
Committee Members<br />
Legal<br />
WPH&S<br />
Rules<br />
Conference<br />
Training<br />
Communications<br />
Ian LEAVERS<br />
Mick BARNES<br />
Denis SYCZ<br />
Mick Gerrard<br />
Denis FITZPATRICK<br />
Bill FELDMAN<br />
Des HANSSON<br />
Bob SMITHSON<br />
Darren Lees<br />
Shayne Maxwell<br />
Tony COLLINS<br />
Paul MULLEN<br />
Geoff SIMPSON<br />
Stephen MAHONEY<br />
Chris STEPHENS<br />
Rosemary FEATHERSTONE<br />
Janice GADEN<br />
Allan SUTTON<br />
Calvin GNECH<br />
Wendy MACDONALD<br />
Donna BLACK<br />
Troy SCHMIDT<br />
Ross MUSGROVE<br />
Paula Doneman<br />
James JOHNSTON<br />
Kaye ELLIS<br />
Carly Beutel<br />
Melissa LindNer<br />
D. Fitzpatrick (Chair)<br />
M. Gerard<br />
B. Feldman<br />
T. Collins<br />
T. Collins<br />
B. Smithson<br />
D. Fitzpatrick<br />
S. Maxwell<br />
B. Smithson (Chair)<br />
T. Collins<br />
P. Mullen<br />
S. Maxwell<br />
B. Smithson<br />
M. Gerard<br />
P. Mullen<br />
D. Fitzpatrick<br />
B. Feldman<br />
D. Hanson<br />
T. Collins<br />
D. Fitzpatrick<br />
M. Gerard<br />
D. Hanson<br />
T. Collins<br />
They were allegedly following the orders of their<br />
17-year-old leader who ran the City Bums street gang.<br />
Regional Roundups<br />
2 General President‘s Message<br />
3 General Secretary’s Message<br />
4 Assistant General Secretary’s Message<br />
6 Metro South Region<br />
7 North Coast Region<br />
8 Far Northern Region<br />
9 Central Region<br />
10 Southern Region<br />
12 South East Region<br />
Features<br />
15 EBA6 – Update<br />
16 It’s Official<br />
19 Kokoda Mick’s Walk<br />
25 AO Reminder<br />
26 Butcher<br />
27 Gold Coast <strong>Police</strong> Race Day<br />
28 Behind The Spin<br />
31 Beyond Reasonable Doubt<br />
33 The WHSR - Your Safety Champions<br />
35 Sidebar<br />
37 Duty Of Care To Undercover <strong>Police</strong> Officers<br />
Regulars<br />
38 Correspondence<br />
40 Q.R.P.A.<br />
It must be distinctly understood that any expressions of opinion by correspondents in our columns must not be<br />
considered the opinion of the Editor, and no responsibility arising from there can be accepted.<br />
The Editor of the <strong>Police</strong> Journal reserves the right to grant permission to reproduce articles from this magazine.<br />
Such permission is hereby granted to any <strong>Police</strong> Association or <strong>Police</strong> <strong>Union</strong> in Australia and to the <strong>Police</strong><br />
Association of New Zealand. Permission is also granted to any <strong>Police</strong> Association, <strong>Police</strong> <strong>Union</strong> or organisation<br />
representing police employees in any other country.<br />
Acknowledgement of the source must be contained in any reprint. Where an article indicated that copyrighting is<br />
claimed by the author, then permission to reproduce is withdrawn unless permission from the author is granted.<br />
Membership Services<br />
Finance<br />
B. Feldman<br />
D. Fitzpatrick<br />
D. Hansson (Treasurer)<br />
D. Fitzpatrick<br />
(Assistant Treasurer)<br />
S. Maxwell<br />
(Assistant Treasurer)<br />
General President, General Secretary and Assistant<br />
General Secretary are ex-officio members of all<br />
committees.<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong><br />
PO Box 13008 George Street Brisbane Qld 4003<br />
Phone 07 3259 1900 Fax 07 3259 1950<br />
Advertising (07) 3259 1989<br />
Letters and articles for inclusion in the <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal should be addressed to:<br />
The Editor<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal<br />
PO Box 13008 George Street Brisbane QLD 4003<br />
TEL: (07) 3259 1900 FAX: (07) 3259 1950<br />
EMAIL: journal@qpu.asn.au<br />
Deadline: Editorial Copy - typed or on disk to be submitted by the 12th day of the month prior to publication.<br />
WEBSITE: www.qpu.asn.au<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 • 1
2 • General President’s Message<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
go to work night after night in these areas and behave<br />
professionally.<br />
Terrific work done night after night<br />
There has been a bit of argy bargy in the media<br />
regarding isolated instances of excessive use of<br />
force. I think that most people appreciate that the<br />
police who work in these nightclub areas have to<br />
put up with a lot in terms of abuse, violence and<br />
the refusal of some people to behave in a civilized<br />
way.<br />
Our officers are only human; they’re not drones, clones<br />
or robots, and occasionally you can lose your cool with<br />
people - especially if it’s your twentieth violent drunk for<br />
the night.<br />
“ I’m proud of our officers and<br />
quite frankly I don’t know how<br />
they maintain their cool as often<br />
as they do ”<br />
<strong>Police</strong> are not perfect, nobody is, and I reckon the police<br />
who work in Fortitude Valley, Brisbane City and Surfers<br />
Paradise do a terrific job.<br />
Every regional centre - Cairns, Townsville and Airlie<br />
Beach – have their own hotspots too.<br />
The statistics prove that there is relatively few<br />
complaints about police being heavy handed in<br />
<strong>Queensland</strong>.<br />
Figures from last year<br />
IAN LEAVERS<br />
• 2,736 assaults on police<br />
• More than 20,000 resist, hinder or obstruct arrests<br />
• 5.2 million contacts with the public - that equates to<br />
more than 14,000 contacts with the public everyday<br />
• Out of 5.2 million contacts with the public there were<br />
only 659 complaints about excessive use of force.<br />
Those complaints were all investigated and in the<br />
majority of cases, the officers were found to have<br />
acted appropriately in the circumstances.<br />
“ Many of these nightclub areas<br />
resemble a zoo after midnight -<br />
that’s one of the reasons I’ve been<br />
pushing the government to wind<br />
back closing times to 2am ”<br />
Occasionally someone might make a mistake in these<br />
very trying circumstances. However, I believe we should<br />
be backing these people up, not pointing the finger at<br />
them.<br />
Many of these nightclub areas resemble a zoo after<br />
midnight - that’s one of the reasons I’ve been pushing<br />
the government to wind back closing times to 2am.<br />
Earlier closing times for licensed premises would make a<br />
huge difference for our police in these areas.<br />
“ I think the QPS has an obligation<br />
to provide all of us with as safe<br />
a working environment as<br />
is possible ”<br />
We also desperately need more officers and it was<br />
proved with recent <strong>operation</strong>s what can be achieved<br />
with adequate numbers on shift for a change. I think the<br />
QPS has an obligation to provide all of us with as safe a<br />
working environment as is possible.<br />
In other words, enough staff to safely cope with the<br />
hundreds, and in some cases, thousands of inebriated,<br />
often drug-afflicted people who have lost whatever<br />
common sense they previously possessed.<br />
Gold Coast investigation<br />
There is not much I can say about this other than at this<br />
stage an early conclusion is very unlikely.<br />
Naturally, the union is providing legal assistance to many<br />
members.<br />
Ian LEAVERS<br />
General President<br />
0419 786 381<br />
I’m proud of our officers and quite frankly I don’t know<br />
how they maintain their cool as often as they do. They’re<br />
constantly harassed, provoked, assaulted and yet they
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 General Secretary’s Message • 3<br />
MICK BARNES<br />
You’re at Risk<br />
Make no mistake, all <strong>Queensland</strong> <strong>Police</strong> are under<br />
threat and facing attacks on many fronts where<br />
you’d least expect it. As a <strong>Queensland</strong>er and<br />
former serving officer for more than 25 years I am<br />
disgusted at the treatment of police in this state.<br />
Serious Assault<br />
<strong>Police</strong> have become the victims of serious assault in<br />
every corner of <strong>Queensland</strong>, regardless of the time<br />
of day or night. The perpetrators of these offences<br />
know too well that the government and judiciary do not<br />
support harsh penalties against them, and that their acts<br />
of violence upon the very ones who maintain peace and<br />
good order in <strong>Queensland</strong> communities will have very<br />
little consequence.<br />
Criminal Compensation<br />
What other profession can you think of where you’re<br />
under constant threat of being a victim of crime just by<br />
going to work and doing your job? It’s not acceptable<br />
and thanks to recent changes to criminal compensation<br />
legislation, police officers cannot access previous levels<br />
of compensation and must only reply upon assistance<br />
afforded to any worker by WorkCover.<br />
WorkCover<br />
WorkCover is the statutory insurer that provides<br />
coverage for workers including police should they be<br />
injured in either the execution of their duty or travelling<br />
to or from work. This system works on a “no fault”<br />
basis, so regardless of who may be responsible for the<br />
act or omission that led to the injury, police officers are<br />
covered to have any injuries treated to the stage of full<br />
recovery, or to a point where the condition is stable and<br />
stationary.<br />
The fund is no different from any other insurance body<br />
in that it relies upon premiums paid by employers. To<br />
remain financially viable the WorkCover fund must have<br />
assets that will cover expenses for injuries sustained<br />
one year, and the treatment of those injuries for what<br />
may be many years to follow. Along comes the Global<br />
Financial Crisis (GFC) and those assets disappear. One<br />
would have to question the wisdom of the investment<br />
strategies.<br />
It is anticipated that unless there are immediate<br />
changes, the fund will cease to exist within the next<br />
decade. The only options are to reduce workers’<br />
compensation entitlements or increase premiums. I’m<br />
yet to hear any mention by the relevant parties that an<br />
increase in premiums is being considered. So who<br />
loses? You the worker.<br />
Common Law Action<br />
One forum that is currently available to officers is to<br />
seek compensation by preferring Common Law action<br />
through the courts for injuries sustained within the<br />
workplace. As the name suggests, this option has<br />
always been available in various forms, and like statutory<br />
claims, is currently financed by the fund administered<br />
by WorkCover. That’s the problem. Remember the<br />
WorkCover fund is in trouble and requires some<br />
immediate action. The proposed option being touted<br />
by the government is to stop access to Common Law<br />
actions where the level of incapacity is between 0% and<br />
10% and even up to 15%. The ramifications of this alone<br />
are huge and will prevent members from accessing<br />
compensation to assist them in dealing with the ongoing<br />
treatment of their injuries.<br />
Currently anyone assessed with impairment up to 20%<br />
must choose between whether to accept a lump sum<br />
for the management of their injury or condition or a<br />
Common Law action. Once you hit 20% you are able<br />
to accept the lump sum and commence Common Law<br />
action.<br />
Private Prosecution<br />
As I reported in the February journal, members are now<br />
facing private prosecution for assault under the Criminal<br />
Code. When prosecution matters fall over for whatever<br />
reason, does that then mean that any level of physical<br />
touching occurring in that initial arrest process does not<br />
pass the test of being lawful i.e. authorised, justified or<br />
excused by law. As with this matter previously reported<br />
on, the <strong>Queensland</strong> <strong>Police</strong> Service wiped the officer<br />
like a dirty rag and he is now being represented by this<br />
union. This is despite the whole matter being the subject<br />
of investigation and overview by ESC and the CMC<br />
and the matter previously being upheld by the initial<br />
Magistrate and District Court Judge in its appellant<br />
jurisdiction.<br />
Commissioner’s Support<br />
Whilst I’m sure our Commissioner will always tell you<br />
he supports his officers, a recent Courier-Mail story<br />
left many members questioning just how much support<br />
there is for them night after night when they have to<br />
deal with the drug and alcohol-fuelled clients who do<br />
not respond to reason. Many members commented that<br />
perhaps it has been too long since many of the senior<br />
management have faced an angry man on the streets.<br />
Regardless of the level of support by the Commissioner,<br />
is it any wonder that officers are left questioning<br />
the support they have of the Government and the<br />
<strong>Queensland</strong> <strong>Police</strong> Service when you consider all of<br />
these factors as a whole. The Premier, Minister for <strong>Police</strong><br />
and the Commissioner need to address all of these<br />
matters and not just provide some form of lip service<br />
and patronise police in this state.<br />
Stay Safe<br />
Mick Barnes<br />
General Secretary<br />
0411 453 335<br />
mbarnes@qpu.asn.au
4 • Assistant General Secretary’s Message<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
certificate and Statutory Declaration (signed and<br />
witnessed by a Justice of the Peace or solicitor), and<br />
complete a signed consent for records. The application<br />
will be assessed by VAQ assessors and case managers.<br />
This process is free of any charges.<br />
DENIS SYCZ<br />
The introduction of the <strong>new</strong> Victim of Crime<br />
Assistance Act 2009 (VOCA) and the repealing of<br />
the old Criminal Offence Victims Act 1995 (COVA)<br />
in December 2009 has paved a whole <strong>new</strong> way for<br />
handling future claims of victims of crime.<br />
Gone is the need for police to obtain an award from<br />
a superior court in relation to injuries sustained in the<br />
course of their duties and with that, the general need for<br />
legal assistance in completing the accompanying long<br />
and complicated process. Be aware though that this<br />
process is complimentary to Workcover and as such,<br />
members must first apply to Workcover for assistance<br />
and then, when finalised, may apply to VOCA for<br />
assistance.<br />
“ Victims can claim for financial<br />
assistance when it can be<br />
established on the balance of<br />
probability, an act of violence<br />
and an injury (physical or<br />
psychological) as described under<br />
the Act has occurred ”<br />
The implementation of the <strong>new</strong> act sees the introduction<br />
of Victims Assistance <strong>Queensland</strong> (VAQ), a <strong>new</strong> body<br />
that will “support victims to access services and assist<br />
recovery” in relation to their claims. Victims can claim<br />
for financial assistance when it can be established on<br />
the balance of probability, an act of violence and an<br />
injury (physical or psychological) as described under the<br />
Act has occurred.<br />
“ It should be stressed though,<br />
that VOCA is not a compensation<br />
scheme and will only provide<br />
special assistance ie a lump sum<br />
of up to $10,000 as a symbolic<br />
gesture from the state in<br />
recognition of the crime<br />
committed against them ”<br />
It should be stressed though, that VOCA is not a<br />
compensation scheme and will only provide special<br />
assistance ie a lump sum of up to $10,000 as a symbolic<br />
gesture from the state in recognition of the crime<br />
committed against them.<br />
All other claims may be considered such as reasonable<br />
counselling, medical, incidental travel and report<br />
expenses, up to $500 legal fees (only for assistance from<br />
a lawyer to complete the application), loss of earnings<br />
up to $20,000 up to two years after the act, expenses<br />
for loss of or damage to clothing and if exceptional<br />
circumstances exist, for any other expenses to help the<br />
victim recover. Also, up to $6,000 will be paid for a victim<br />
who has died.<br />
“ A victim has three years<br />
from the date of the act to<br />
make an application and may<br />
seek extensions in certain<br />
circumstances ”<br />
VAQ also offers a Victims LinkUp (information and<br />
referral service), training and development unit and a<br />
Victim Service Co-ordination Unit including a Regional<br />
Co-ordination program and a Court Support program.<br />
A victim has three years from the date of the act to<br />
make an application and may seek extensions in certain<br />
circumstances.<br />
These changes are a significant move from the old<br />
system and will limit the amount of recompense that<br />
members may receive as a victim of crime. This, coupled<br />
with mooted changes by the Attorney-General to the<br />
Workers’ Compensation Scheme in limiting third party<br />
damages for workplace injuries, will mean that payments<br />
in the future may be severely restricted.<br />
Should you wish to make a claim it is recommended that<br />
members contact VAQ directly on 1300546587 or check<br />
their website at www.justice.qld.gov.au<br />
The scheme is only in its early stages and as such, the<br />
QPUE is trying to stay on top of things as they develop.<br />
Should you require any assistance feel free to contact the<br />
QPUE on 3259 1900.<br />
Denis SYCZ<br />
Assistant General Secretary<br />
Under the <strong>new</strong> scheme, members can now make an<br />
application directly to VAQ. Members will be required<br />
to complete an application form, obtain a medical
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Assistant General Secretary’s Message • 5<br />
<strong>Queensland</strong> <strong>Police</strong> Service<br />
Deputy Commissioner<br />
(Specialist Operations)<br />
Mr D Sycz<br />
Assistant General Secretary<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> of Employees<br />
Dear Mr Sycz<br />
I write regarding the Assistant General Secretary’s Message appearing in the November 2009 edition of the <strong>Queensland</strong> <strong>Police</strong><br />
<strong>Union</strong> Journal regarding <strong>Queensland</strong> <strong>Police</strong> Service (QPS) legal representation to its members.<br />
The members of the Senior Executive of the QPS support and will continue to support our members when involved in actions<br />
arising from the performance of their duties on behalf of the QPS. Members of the QPS should not be constrained in the proper<br />
performance of their duties and functions by fear of financial or other loss through engaging legal representation in defending their<br />
positions in court or other proceedings. The Service has an obligation to support its members with legal advice and representation<br />
when officers act in the execution of their duty.<br />
Applications for legal representation for officers will continue to be approved however, I am aware that officers are entitled to<br />
consider alternate representation in circumstances where they think it is appropriate, be that through their <strong>Union</strong>, privately or<br />
otherwise. In approving legal support there are a range of means by which that may and is provided for example, through Crown<br />
Law in appropriate civil matters, through the QPS Solicitor’s Office, through use of our Prosecution Corp or through other legal<br />
sources.<br />
In response to the matters raised in your article, there seems to be long held concerns by our members regarding court requests<br />
(through disclosure or by summons) of QPS discipline files. Your article suggests the first time prosecutors are aware discipline<br />
records have been summonsed is when defence counsel commences their cross examination. In 2008 the Office of the QPS<br />
Solicitor (through the Legal Liaison Unit) was directed to forward a copy of any summons served upon the QPS requesting Ethical<br />
Standards Command (ESC) discipline files of a member to the Officer-in-Charge of the relevant Prosecution Corp. That practice has<br />
been in place since October 2008.<br />
Prosecutors should be aware that ESC files had been summonsed in a criminal matter, and also be aware of the approach taken to<br />
their production (e.g. objections). Prosecutors have the ability to search the court records or ask the court for access to the material<br />
at the commencement of court. Should an objection be made to the production of such material, a representative from the QPS<br />
Solicitor’s Office or the <strong>Police</strong> Prosecution Corp will appear. Where the material has been requested as part of the Criminal Code<br />
disclosure process more often than not, the police prosecutor as “prosecuting authority” will submit on any objections to assist the<br />
court. However, QPS Solicitor’s Office can also assist with appearances, submissions and advice.<br />
Specific to your article regarding the Peace and Good Behaviour Act application served upon a member, approval was given for<br />
the QPS Solicitor’s Office to represent the member in that matter. The QPS Solicitor’s Office was unaware the member had also<br />
approached the <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> of Employees (QPUE) for representation. Through discussions with the <strong>Union</strong> Solicitors<br />
an agreement was reached for legal representation to be provided by the QPS Solicitor’s office. I note your concern that a local<br />
prosecutor dealt with the matter notwithstanding the availability of the QPS Solicitor’s Office.<br />
Contrary to your article, the QPS Solicitor’s representatives were not in town on that day but rather in Hervey Bay engaged in<br />
another matter. However in making arrangements to attend court, contact was made with the local prosecutor (who was handling<br />
the criminal matter from which this application arose) who advised the application was listed for mention and would be adjourned.<br />
The local prosecutor was ready, willing and able to assist at the mention for the adjournment. In all other aspects, the QPS<br />
Solicitor’s office handled the matter, including liaison with Crown Law representatives and the court resulting in the application<br />
being dismissed. At all stages, the Service represented its member, including utilising the most appropriate resources to deal with<br />
each stage of the process.<br />
Regarding the private prosecution complaint, the members appropriately made an application pursuant to s.1 0.7 <strong>Police</strong> Service<br />
Administration Act for Service representation. However at the time of their application, advice indicated that an urgently convened<br />
QPUE Legal Defence Assistance Meeting had been convened for the officers concerned resulting in legal defence funding<br />
and assistance being authorised for the members. This then led to concerns that any QPS representation would have been a<br />
duplication. It is not the case the members would otherwise have been left unrepresented or unsupported as a clear indication had<br />
been provided that the QPUE had approved funding and organised representation.<br />
Neither the QPS nor the Senior Executive Members have shirked their responsibility by dealing with this matter in this way. It is<br />
certainly not the case that the Service cannot be bothered to provide assistance to members where appropriate.<br />
The QPS will continue to assist our members where-ever they confront litigation and other action for which they need<br />
representation and indemnification. However, there may be occasions (e.g. conflict with the Service’s position) when it is more<br />
appropriate for the QPUE to consider legal representation or members may prefer legal representation by the QPUE. Members are<br />
also supported through access to documentation and advice to ensure they are able to respond appropriately.<br />
IAN STEWART<br />
DEPUTY COMMISSIONER<br />
(SPECIALIST OPERATIONS)<br />
NOTE from Assistant General Secretary Denis Sycz<br />
• They were in the Bundaberg court that morning and in fact, sat in front of union officials at an<br />
inquest that commenced after the proceedings.<br />
• QPUE legal meeting has a local branch meeting and findings had not been conveyed to the<br />
union office. There was no advice they had cancelled.<br />
• My article has had the desired effect as the QPS solicitors’ office seems more inclined to assist.
6 • Metro South Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
The following organisations found it necessary to furnish<br />
submissions:<br />
TONY COLLINS<br />
Moynihan Review<br />
As I have previously mentioned in my journal<br />
articles the Moynihan Review and subsequent Civil<br />
and Criminal Jurisdiction Reform and Modernisation<br />
Amendment Bill 2009 will potentially cause a<br />
number of significant headaches for police officers.<br />
These headaches include how the court process<br />
operates but more importantly, a police officer’s liability<br />
for criminal charges if they fail to disclose material.<br />
Don’t get me wrong, there are some good things about<br />
the proposed changes. But there is no doubt this review<br />
and proposed bill will significantly change criminal law<br />
in this state. The greatest change will fall upon police.<br />
One would have thought the QPS would have been<br />
very interested to contribute to this review but this was<br />
not the case initially, and we are yet to hear if the QPS<br />
prepared a submission for this final round of public<br />
comment.<br />
“ Did the QPS somehow think they<br />
were not an interested party? Mr<br />
Moynihan himself made comment<br />
about the lack of a QPS submission<br />
on page 37 of his review report ”<br />
For a complete understanding of this review:<br />
On 14 July 2008, the then Attorney - General Kerry Shine<br />
appointed The Honourable Martin Moynihan, former<br />
Supreme Court judge, to conduct a review of the Civil<br />
and Criminal Justices Systems in <strong>Queensland</strong>.<br />
On the 9 August 2008, advertisements were placed in<br />
<strong>new</strong>spapers statewide for interested parties to make<br />
formal comment to Mr Moynihan’s Review. This public<br />
comment closed on the 5 September 2008 without a<br />
submission from the QPS. Did the QPS somehow think<br />
they were not an interested party? Mr Moynihan himself<br />
made comment about the lack of a QPS submission on<br />
page 37 of his review report. It is astounding to think<br />
the QPS did not deem it necessary to submit a formal<br />
submission. The QPS will claim they attended some<br />
meetings and sent a few emails. Other organisations<br />
such as the ones mentioned below also attended<br />
those meetings but took the time to prepare formal<br />
submissions as well, some up to 150 pages in length.<br />
• Bar Association <strong>Queensland</strong><br />
• QLD Law Society<br />
• Legal Aid <strong>Queensland</strong><br />
• Office of Director of Public Prosecutions (Qld)<br />
• Commonwealth Director of Public Prosecutions (Qld)<br />
• <strong>Queensland</strong> Corrective Services<br />
• The Public Advocate<br />
• Then Chief Magistrate Judge Marshall Irwin<br />
• Several legal defence firms<br />
On the 24 November 2009 Attorney-General Cameron<br />
Dick released the draft bill, Civil and Criminal Jurisdiction<br />
Reform and Modernisation Amendment Bill 2009, for<br />
public comment. These submissions were due on the<br />
31 January 2010. I can disclose the QPUE Legal Team<br />
prepared and furnished a 20-page submission after<br />
consultation with members at local branch meetings<br />
across the state. By the time this journal article is printed<br />
the QPUE Submission will be located on the secure part<br />
of the QPUE Website for members to view.<br />
“ Why then would police arrest<br />
a person for any offence if it<br />
significantly increases the chances<br />
of the officer becoming a<br />
defendant ”<br />
I call on the QPS to disclose to their employees<br />
the contents of any submission they furnished, if<br />
any. (Parliamentary privilege does not apply to this<br />
submission.) If again, the QPS have been negligent and<br />
decide not to furnish a submission, Commissioner Bob<br />
Atkinson really needs to explain why this has not been<br />
one his priorities. If this bill is allowed to be passed<br />
in its current form, overworked police statewide will<br />
potentially be facing criminal charges for not disclosing<br />
and preparing briefs of evidence. Why then would police<br />
arrest a person for any offence if it significantly increases<br />
the chances of the officer becoming a defendant? This<br />
bill in its current form encourages police not to do their<br />
job to avoid the threat of criminal prosecution. This leads<br />
to the need for good faith immunity legislation but that is<br />
an argument for another day!<br />
Remember if you have any problems I am<br />
a phone call away.<br />
Tony COLLINS<br />
<strong>Union</strong> Representative<br />
Metropolitan South Region<br />
0414 804 472
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 North Coast Region • 7<br />
Peddlers of illicit drugs are responsible for the victims<br />
of crime that result from their trade. They are also<br />
responsible for the heartache caused to many families<br />
when a bad trip leaves a loved one cold. Traffickers buy,<br />
sell and swap in evil regardless of the cost to others.<br />
Their bottom line is a constant flow of cash that they will<br />
launder.<br />
Des Hansson<br />
Who protects the community when<br />
the criminal justice system fails?<br />
I know how hard our colleagues in the branch work,<br />
I’ve seen them in action and quite often you see<br />
the results of their diligence reported in the local<br />
<strong>new</strong>spaper. I read recently of our local detectives<br />
busting a major drug ring in the Sunshine Coast<br />
District.<br />
As a result of raids on several properties, $148,000<br />
worth of illicit drugs, including ecstasy, cocaine,<br />
amphetamines and cannabis, were seized. More than<br />
$700,000 in property was retained as proceeds of crime<br />
along with $60,000 in cash.<br />
“ Now I realise that we don’t<br />
always have a win in every matter,<br />
but in this instance not one of<br />
those ten accused were remanded<br />
in custody ”<br />
Great <strong>new</strong>s you say, I agree. However I later learned that<br />
ten of the offenders arrested were considered by police<br />
to be at risk of re-offending. Objections to bail were then<br />
completed for those alleged offenders and put before<br />
the court.<br />
“ Two of the offenders allegedly<br />
made threats to harm police<br />
during the <strong>operation</strong> closure ”<br />
Now I realise that we don’t always have a win in every<br />
matter, but in this instance not one of those ten accused<br />
were remanded in custody.<br />
This group are allegedly no average small-time crooks.<br />
At least five of them allegedly have previous convictions<br />
for drug trafficking. One was on Supreme Court bail for<br />
similar offences. Another offender was on two lots of<br />
court bail for two other drug trafficking charges. Two<br />
of the offenders allegedly made threats to harm police<br />
during the <strong>operation</strong> closure.<br />
This group of offenders allegedly made a conscious<br />
decision to traffick in drugs.<br />
The community, which includes police, deserve<br />
protection from this modern scourge on our society.<br />
The laws are by no means lenient in any respect in<br />
relation to drug trafficking which attracts maximum<br />
sentences of 20 years or even 25 years jail for dealing<br />
to minors. It is predominately our youth, that we, as<br />
enforcers of the law are sworn to protect.<br />
In the meantime, keep on locking up those who break<br />
the law. Walk into any school, hotel, barber shop or<br />
just about anywhere else and the vast majority of our<br />
community know and respect the good work of police.<br />
It’s a shame that our judiciary appear to have forgotten<br />
they work for the same community we do.<br />
Anyway, be careful out there.<br />
Des Hansson<br />
North Coast Regional Representative<br />
0412 707 434<br />
North <strong>Queensland</strong> Area<br />
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FROM $75 daily/$451 weekly<br />
For further information please see our website www.nqahr.com.au<br />
or contact the Administration Office, Townsville on<br />
(07) 4725 3842
8 • Far Northern Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Too often we are bitten when we go hands on with<br />
violent persons. Any piece of kit that gives us a tactical<br />
advantage in modern day policing has to be considered<br />
as a benefit. If the kit gives a copper the opportunity<br />
to go home unharmed then it is worth every red cent.<br />
I don’t think anyone would argue that the frequency of<br />
biting and serious assault is increasing. You only need to<br />
read the SIGEVENTS to see the picture.<br />
Denis Fitzpatrick<br />
One burning issue is at the top of my agenda. In<br />
my view we need to have an <strong>operation</strong>al hand glove<br />
issued to protect the members on the front line. The<br />
glove needs to be strong enough to protect from<br />
bites and flexible enough to allow deployment of<br />
accoutrements. Many staff had already purchased<br />
their own gloves and were wearing them with<br />
success.<br />
Unfortunately management have now directed these<br />
officers not to wear the gloves. Obviously the gloves<br />
need to be both pliable and comfortable. Our own<br />
members have found something effective and now it is<br />
time for the QPS to find an item or kit that will protect<br />
and assist. Remember, personal protective equipment is<br />
the last recourse in terms of the Workplace Health and<br />
Safety of employees.<br />
Now I am not suggesting that one glove will prevent<br />
all bites or needle stick injuries. There needs to be<br />
specialist gloves for specialist <strong>operation</strong>al needs and<br />
situations. But I strongly feel a general purpose glove is<br />
a must in this day and age.<br />
New Website<br />
Our <strong>new</strong> web site is up and running. It can be found<br />
at www.qpu.asn.au. I strongly recommend this site<br />
to all members. Please save it in your “favourites” and<br />
read it as often as you can. We will be updating EB6<br />
developments on this site. You really have no excuses for<br />
not being informed.<br />
Father Pat Jones<br />
February 18th saw the passing of our beloved <strong>Police</strong><br />
Chaplain, Father Pat Jones. The Padre was one of<br />
nature’s gentlemen who gave counsel and support to<br />
many police officers and their families in his 48 years in<br />
the priesthood. His exploits on the Cape are legendary<br />
with many police sharing a drink and fishing trips with<br />
him over the years. I can assure you there will never be<br />
another clergyman like Father Pat. May he rest in peace.<br />
“ Still in the job”<br />
Denis Fitzpatrick<br />
Regional Representative<br />
Far Northern Region
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Central Region • 9<br />
murderers, serial killers, drive-by shootings, or children<br />
being murdered in their schoolyards. Where have we<br />
gone wrong?<br />
Bill FELDMAN<br />
History Never Repeats<br />
I remain amazed that we as a supposedly intelligent<br />
society never really learn from the lessons of our<br />
past and inevitably fall into the same traps that<br />
caused our initial grief and heartache.<br />
I read with some sense of pride the QPS October issue<br />
of the <strong>Police</strong> Bulletin, “Policing through <strong>Queensland</strong>’s<br />
150 years”, and I know how far we have technologically<br />
advanced over all those years. But have we really got<br />
smarter? I wonder how those old coppers would view<br />
the police force, I mean service, we have created?<br />
“ Unfortunately, not since the<br />
Salem witch trials have children<br />
had so much power in<br />
our society ”<br />
I know that our politicians have caused the majority<br />
of grief for police through various forms of legislation<br />
and I really wonder how those police of old would view<br />
legalised prostitution, Satanism, decriminalised fraud in<br />
the form of tarot reading, palm reading, ghost hunting,<br />
and children roaming the streets at all hours of the night,<br />
just to name a few societal changes. Unfortunately, not<br />
since the Salem witch trials have children had so much<br />
power in our society. There are no consequences for<br />
their law-breaking behaviour and they are protected by<br />
legislation such as the JJA. All the coppers of old had<br />
were their size 9 boot and a kick that would make your<br />
nose bleed. It worked and kept the streets safe.<br />
“ Did those battle-hardened<br />
veteran blue & khaki uniformed<br />
men of old really control the streets<br />
as we have been led to believe or<br />
was it just a nice dream ”<br />
Has society really become more violent or is it as the<br />
media would have us believe that it is a matter of more<br />
cases of violence being reported to authorities? Did<br />
those battle-hardened veteran blue & khaki uniformed<br />
men of old really control the streets as we have been<br />
led to believe or was it just a nice dream? I know that<br />
growing up as a child I never heard of knife fights on<br />
suburban streets, glassings at hotels, road rage, mass<br />
“ To add to our woes, <strong>operation</strong>al<br />
police are spending less time on<br />
the street and more time behind<br />
their desks trying to work through<br />
the inadequate technology<br />
that is QPRIME ”<br />
On the Frontline<br />
Then to make matters worse, police are hamstrung with<br />
irrelevant or weak legislation and a myriad of oversight<br />
committees- the ESC, CMC, PCJC and civil libertarians,<br />
just to name a few. To add to our woes, <strong>operation</strong>al<br />
police are spending less time on the street and more time<br />
behind their desks trying to work through the inadequate<br />
technology that is QPRIME. It is harder to drive this<br />
computer system – dotting I’s and crossing T’s - than<br />
driving a car and catching the offenders who roam our<br />
streets.<br />
As a union we have always been about getting more<br />
frontline police out there on the streets protecting the<br />
very public we have sworn to save.<br />
I am forever hopeful that our Commissioner who last<br />
month signed on for another three-year term will be<br />
forthright in his support for our frontline troops who face<br />
the daily onslaught of a violent society that has been<br />
allowed to develop.<br />
Our members not only have to fight against societal ills,<br />
they are also subject to harsh penalties by the QPS.<br />
Penalties that would cause outrage if members of the<br />
public were treated the same by a court of law. I see the<br />
despair felt by those members as they choose to leave<br />
a profession that truly seems to have lost focus on what<br />
used to be a true calling.<br />
I say goodbye this week to some six hard-working<br />
central region coppers who have opted to leave for<br />
better pay, less stress, and a more benevolent employer.<br />
We will miss you all. Good luck in your future endeavours.<br />
To all my colleagues still in the circus, I say chin up, take<br />
that spoon full of concrete, and harden up. Better days<br />
are coming.<br />
Work smart, work safe – make it home.<br />
Bill FELDMAN<br />
Regional Representative<br />
Central Region
10 • Southern Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Our members are sick of the comments they hear<br />
from politicians telling the world of our dedication and<br />
professionalism yet treat us with such disrespect behind<br />
closed doors when it comes to EB negotiations.<br />
Darren LEES<br />
EB 6<br />
As I am penning this journal article I have received<br />
an email from our office in Brisbane regarding the<br />
outcome of the initial meeting of stakeholders for our<br />
next Enterprise Bargaining Agreement which was<br />
held at the QPUE building on Wednesday the 24th<br />
of February 2010.<br />
The QPUE were represented as was the QPS and the<br />
<strong>Queensland</strong> Government. The meeting was to ascertain<br />
who would be representing each stakeholder and to<br />
organise future meeting/negotiation dates from there.<br />
Well members, can any of you guess what occurred?<br />
Yes that is right. The QPS informed the QPUE that<br />
although they had invited us to attend the meeting,<br />
they had not been given permission from the almighty<br />
Labor government to commence negotiations with<br />
us. This is the very same fiasco that occurred at the<br />
commencement of EB5 negotiations. The question has<br />
to be asked:<br />
“Why set up a meeting and invite all stakeholders to<br />
attend including those from the very government who<br />
already know there has been no permission granted to<br />
commence negotiations? Why set up a meeting when<br />
the exercise is going to be one in introducing yourself<br />
by name, shaking hands and asking where the tea and<br />
coffee facilities are?”<br />
“ I am sorry if I sound cynical,<br />
but it appears to me the almighty<br />
Labor government are treating<br />
all of our hard-working, highly<br />
dedicated members like little<br />
school children ”<br />
I am sorry if I sound cynical, but it appears to me the<br />
almighty Labor government are treating all of our<br />
hard-working, highly dedicated members like little<br />
school children. It appears to me that the government<br />
wants to flex their muscles and show everyone who is<br />
boss without a second thought for the excellent men<br />
and women it is treating with contempt. Enough is<br />
enough, this government has to wake up to themselves<br />
and start treating our members like they deserve to be<br />
treated.<br />
If the government are sincere in their public support<br />
of the boys and girls in blue, then start showing it by<br />
getting these EB negotiations up and running. Don’t<br />
cause the same problems we experienced last time with<br />
unnecessary delays which led to the agreement not<br />
being reached and ratified until well after the expiry date.<br />
I would like to remind the government the expiry date of<br />
our current agreement is the 30th of June 2010, which is<br />
fast approaching.<br />
One Rule for us – One rule for them<br />
Now I have that out of the way, I would like to discuss the<br />
very serious issue of leaks of police-related issues to the<br />
media in <strong>Queensland</strong>.<br />
“ If police were leaking sensitive<br />
information about ongoing<br />
investigations, the CMC would be<br />
first to come down on us like<br />
a tonne of bricks ”<br />
I have been inundated recently with emails from<br />
members right across the Southern Region, and indeed<br />
from other colleagues I know around the state, asking<br />
the very same question I have asked myself in recent<br />
times. How in the world do sections of the media within<br />
this state (print, radio and television) seem to be able to<br />
obtain sensitive and confidential information pertaining to<br />
investigations relating to police?<br />
Quite frankly, this issue stinks to high heaven.<br />
Recently the Crime and Misconduct Commission<br />
executed search warrants on private residences of<br />
police and police establishments on the Gold Coast over<br />
allegations of criminal activities and official misconduct<br />
by police. This is just one high profile example of<br />
where information was leaked to the media prior to all<br />
allegations being properly investigated and examined in<br />
a criminal or departmental forum. There are many more<br />
similar examples.<br />
Why is the CMC going public about ongoing<br />
investigations? What are they doing about the leaks of<br />
information? <strong>Queensland</strong>’s so-called criminal watchdog<br />
should be asking serious questions to find out who is<br />
leaking this information. If police were leaking sensitive<br />
information about ongoing investigations, the CMC<br />
would be first to come down on us like a tonne of bricks.<br />
It seems to me that these leaks are the result of tactics<br />
being used by the CMC to discredit the excellent work<br />
that the vast majority of police perform on a daily basis.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
I ask you this - if you or I conducted a murder<br />
investigation, and in the middle of it we disclosed<br />
to the media information such as the identities of<br />
three suspects, that we had their DNA samples<br />
and fingerprints as well as other evidence prior to<br />
approaching or contacting any of the suspects, where<br />
do you think we would be?<br />
We would be dragged off the investigation team, a 466<br />
would be submitted in relation to official misconduct<br />
and there would be an outcry as to why or how police<br />
could allow that to occur in the middle of a criminal<br />
investigation. If the CMC claim this investigation is<br />
ongoing, why is confidential information being released<br />
to the media and public at this stage?<br />
Don’t get me wrong. I, like all of you, do not condone<br />
in any way shape or form criminal activity by police or<br />
any other person in the community. That is why I am a<br />
copper, to try and do something about such criminality.<br />
However I think the time has come for someone to speak<br />
out and ask some questions about these leaks. It seems<br />
like there is one rule for police and another for those in<br />
positions of power from the government to the CMC.<br />
They seem to think it is okay for these allegations<br />
to be aired publicly before they are examined in the<br />
appropriate forums of the criminal and disciplinary<br />
processes. These leaks also deny police natural justice<br />
in their right of reply to respond to allegations.<br />
As I have previously mentioned, the negative effect<br />
Southern Region • 11<br />
this has on the very fabric of policing cannot be<br />
underestimated.<br />
I have often said I am extremely proud to work with<br />
a group of such highly professional and dedicated<br />
men and women in this job. We all know in every<br />
occupation we will find those who step over the line and<br />
like everyone else in society, if it is proven they have<br />
committed offences or done the wrong thing, they will<br />
have to face the consequences. All this blatant leaking<br />
of information does is to cause the community in general<br />
to question the moral fabric of the 99.9% of men and<br />
women who work their butts off every day to make<br />
<strong>Queensland</strong> a better place.<br />
I hope someone in the government reads this article<br />
and they question the agendas behind these leaks<br />
because troops, they are already being asked by you the<br />
membership. In my opinion, you all deserve answers.<br />
“Keep up the great work, and stay safe.”<br />
Darren LEES (Beefa)<br />
Southern Region Executive Representative<br />
0417 776 184
12 • South East Region<br />
BOB SMITHSON<br />
MANAGERIAL RESOLUTION AND INTERNAL<br />
INVESTIGATION COURSE<br />
I recently attended the Managerial Resolution and<br />
Internal Investigation Courses facilitated by two<br />
inspectors from the Ethical Standards Command.<br />
The courses were held at Coomera District H.Q. and<br />
were conducted over a period of one day each. Most<br />
of the course participants were of the rank of sergeant<br />
as they will be the members of our organisation who<br />
are delegated with most of the internal investigations.<br />
Hopefully the investigations will not be complicated<br />
or serious matters. I think we all learnt a lot from the<br />
courses and the internal investigation process seems to<br />
be heading in the right direction.<br />
“ While on the topic of internal<br />
investigations, if you haven’t been<br />
involved in one recently, you must<br />
have been on holidays ”<br />
I sit in on many internal investigation interviews with<br />
our members and I can say from experience that the<br />
ESC investigators generally conduct interviews in a<br />
professional manner. However, I believe there are a<br />
few inspectors around the state who might benefit<br />
from attending one of the above-mentioned courses<br />
themselves. I don’t think anyone is ever in a position<br />
where they cannot learn something <strong>new</strong> and improve<br />
their abilities.<br />
While on the topic of internal investigations, if you<br />
haven’t been involved in one recently, you must have<br />
been on holidays. It seems that just about everybody<br />
is getting a call up for an interview. On this point,<br />
members who are advised of an impending interview<br />
should immediately contact me or their local branch<br />
official. We all do shift work and it may take a couple<br />
of days to organise union representation. This is<br />
particularly important, as with recent cases, numerous<br />
investigations have been conducted simultaneously.<br />
Even if you are not the subject member of an<br />
investigation and are approached for interview, still give<br />
us a call.<br />
Hopefully all of these issues can be sorted out quickly<br />
and we can put them behind us and get on with our<br />
jobs.<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
WORKPLACE HEALTH AND SAFETY<br />
REPRESENTATIVES<br />
We have recently seen the election results for the<br />
workplace health and safety representatives for the<br />
various “clusters” spread across the state. (Each cluster<br />
is made up of a large station/section or a group of smaller<br />
stations/sections). Congratulations to these members<br />
(some police and some unsworn) for their interest in<br />
workplace wealth and safety issues. I envisage that these<br />
WHS representatives will be working in conjunction with<br />
our union members with the aim of improving safety<br />
within the workplace. Once these <strong>new</strong> representatives<br />
are trained, I hope they will be allocated the time to<br />
which they are entitled, to visit all stations and sections<br />
within their cluster as well as conduct inspections. The<br />
capacity for these representatives to issue Provisional<br />
Improvement Notices (PINS) to the employer will no doubt<br />
have some managers feeling a little edgy.<br />
It may be an appropriate time to reintroduce the “Dump<br />
of the Month” section, once a part famous part of this<br />
journal. We can only hope with the <strong>new</strong> provisions<br />
regarding WPHS kicking in, there may not be any<br />
“dumps” left.<br />
NEW COOMERA BRANCH OF QPUE<br />
As I reported last month, the creation of a <strong>new</strong> Coomera<br />
branch of our union was approved at the executive<br />
meeting in January 2010. I attended Coomera District<br />
Headquarters on 1st February and opened their first<br />
meeting. There was a good turnout of members, and it<br />
was particularly pleasing to see a large representation<br />
from the plain clothes members. Nominations for branch<br />
officials were called and I am please to announce that<br />
four positions were filled as follows. President is Senior<br />
Constable Virginia Miller from the Coomera District<br />
intelligence section; the position of Secretary was<br />
filled by Senior Constable Mark Simpson, who works<br />
general duties at Beaudesert station; Vice-President is<br />
Senior Constable Hilton Buckley of the Coomera District<br />
traffic branch, and Detective Sergeant Todd Miller of<br />
the Coomera District C.I.B. was elected as Assistant<br />
Secretary.<br />
As you can see, this team has diversity with<br />
representation from four different policing groups. There<br />
is some past branch official experience among this group<br />
and the <strong>new</strong> officials will be provided with appropriate<br />
training by the QPUE. I look forward to working with<br />
these <strong>new</strong> branch officials and I encourage members to<br />
be supportive of them and also attend future meetings of<br />
your <strong>new</strong> branch.<br />
Bob SMITHSON<br />
Regional Representative<br />
South East Region
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
EBA6 – Update • 15<br />
Photo left to right: Industrial officers Geoff Simpson, Steve Mahoney, Chris Stephens and Media and Government Relations Officer Ross Musgrove.<br />
Standing behind left to right is QPUE General Secretary Mick Barnes and President Ian Leavers.<br />
Enterprise Bargaining<br />
Agreement 6<br />
– Update EBA6<br />
The first meeting of the <strong>Queensland</strong> <strong>Police</strong> Service Enterprise<br />
Bargaining Unit was on Wednesday 24 February at the union<br />
offices. The QPUE was represented by General President Ian<br />
Leavers, General Secretary Mick Barnes, Industrial Officers<br />
Geoff Simpson, Stephen Mahoney and Chris Stephens, and<br />
Media and Government Relations Officer Ross Musgrove.<br />
The QPCOU had three representatives and the QPS had four<br />
representatives, including the Director of Human Resources,<br />
Patsy Jones and former Director of HR Jim Hardy.<br />
The Department of Justice and Attorney-General, Public<br />
Sector Industrial and Employee Relations Unit was<br />
represented by two Principal Consultants.<br />
Given that the QPS actually initiated this first meeting (see<br />
copy of correspondence in February Journal), union<br />
representatives were amazed to find out that the QPS did<br />
not have government authority to commence negotiations.<br />
This situation is quite unbelievable and is reminiscent of the<br />
fiasco that characterised the beginning of EB5 negotiations.<br />
Needless to say, no meaningful negotiations can occur until<br />
the QPS is given this authority to negotiate. Neither the QPUE<br />
nor the QPCOU is prepared to table our respective Log of<br />
Claims until this authority is given.<br />
In relation to future meetings, the parties have set aside<br />
Monday and Tuesday of each week for ongoing<br />
negotiations, however the next meeting will not be possible<br />
until the QPS is given authority to negotiate.<br />
In last month’s Journal, I referred members to a report from<br />
the Productivity Commission which highlighted how the<br />
<strong>Queensland</strong> Government spends little but gets plenty from<br />
its police. This month I refer members (and the government)<br />
to a report on NineMSN entitled “Australian Workers Set for<br />
Bumper Pay Rises”. The opening paragraph states that “Most<br />
workers can expect fatter wage packets this year with their<br />
bosses generally upbeat about 2010 as the economic<br />
upturn gets into full swing, a <strong>new</strong> survey has found”.<br />
So the message for the State Government is quite simple:<br />
Firstly, give the QPS the authority to commence negotiations;<br />
and secondly, don’t treat <strong>Queensland</strong> police with disdain<br />
by using the global economic crisis as an excuse to offer a<br />
wage rise that is significantly lower than the Australian<br />
average.
16 • It’s Official <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
IT’S OFFICIAL<br />
By Paula Doneman<br />
HE went from a career in sales to spending his Monday<br />
morning tracking down medical records to help identify the<br />
body of a woman found in a local quarry.<br />
For Sergeant Peter Thomas, looking after reportable deaths is<br />
one of the many responsibilities of his role as officer-in-charge<br />
of Townsville police inquiries.<br />
He has held the position for the past five years and while it has<br />
its ups and downs, he wouldn’t go back to sales for quids.<br />
Sgt Thomas, who is also a trained diesel fitter and motor<br />
mechanic, left the world of private enterprise in 1996, and the<br />
following year graduated from the North <strong>Queensland</strong> <strong>Police</strong><br />
Academy.<br />
“Having worked within private enterprise I can positively say<br />
that this is still the best job in the world…. The grass is not<br />
greener on the other side…. And bosses are the same<br />
regardless of where you work,’’ he said.<br />
Sgt Thomas was elected Townsville Branch Secretary in May<br />
2008, has been Peer Support Officer since 1998, Harassment<br />
Referral Officer since 2003, and was the Rehabilitation<br />
Coordinator 2003 – 2006. This year he was also appointed<br />
Workplace Health and Safety officer in 2010.<br />
For Sgt Thomas, the 2004 Palm Island riots were the catalyst<br />
for his interest in the role of the union in policing.<br />
“There was almost a non-caring attitude of the service. To<br />
members in general there were a lot of promises made that<br />
were never followed through. Honours and awards were one<br />
issue and if it had not been for the union, they would never<br />
have eventuated (for the officers involved in the riots),’’ he<br />
said.<br />
“The aftermath of Palm Island will impact on the membership<br />
for years to come. We still have members under investigation,’’<br />
he said.<br />
“During this time I called upon Mick Gerrard, Northern<br />
Regional Representative, for representation regularly,’’ he said.<br />
Since being elected in 2008, Sgt Thomas said the work has<br />
been “non-stop’’ but rewarding.<br />
“Through my short period of time as Branch Secretary I have<br />
found that having an open and honest approach and<br />
maintaining open lines of communication with senior<br />
managers has proved fruitful. At times it has been necessary<br />
to take more drastic measures to ensure the best possible<br />
outcomes for our members and it has been necessary to utilise<br />
executive members of the union to achieve this,’’ he said.<br />
As branch official, Sgt Thomas has assisted members with<br />
the completion of applications for lateral or compassionate<br />
transfers, sat in on numerous interviews and just completed a<br />
station audit with QPUE Industrial Support Officer, Rosemary<br />
Featherstone.<br />
“It’s nice to see a good result when you can assist members<br />
with compassionate transfers which can have lasting effects…<br />
and reconnect them with their families and the support they<br />
need. There have been five in the last 12 months where<br />
members have had family who are ill or dying,’’ he said.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 It’s Official • 17<br />
Recently Sgt Thomas attended the search site for Senior<br />
Sergeant Mick Isles, and organised a barbeque to support<br />
officers at the Ayr police station.<br />
“I am peer support officer for Ayr and I spoke to Mick<br />
(Gerrard) and we put on a BBQ lunch for members so officers<br />
k<strong>new</strong> we are still thinking of them even though they are a 100<br />
kilometres away,’’ he said.<br />
It is not uncommon for police in regional and remote areas to<br />
feel isolated from their colleagues in city centres.<br />
“Townsville, Mt Isa and Cairns have issues in feeling distant to<br />
south-east <strong>Queensland</strong> but Ian Leavers has made huge inroads<br />
in keeping us connected. He stays in touch with us up here<br />
and regularly meets with members. “<br />
As is the case with many branch officials, much of the demand<br />
for their work usually happens at all hours and often on their<br />
days off.<br />
“I have been called out at 4am to deal with matters. It can be<br />
quite taxing on your time but when you see the positive<br />
outcomes, it’s worth it,’’ he said.<br />
Sgt Thomas has found part of the value in being a branch<br />
official is having access to regional representatives who can<br />
relay major issues impacting on stations and police divisions to<br />
the QPUE Executive.<br />
“The assistance from Mick Gerrard, Ian Leavers, Mick Barnes,<br />
Dennis Sycz, Geoff Simpson and Steve Mahoney has been<br />
amazing. The knowledge base of these gentlemen is<br />
phenomenal.’’<br />
“I would recommend the position of branch official to any<br />
members that have an interest in supporting their colleagues.<br />
The work is challenging and is also very rewarding when<br />
successful outcomes are achieved for members,’’ he said.<br />
Townsville born and bred, Sgt Thomas is a married father of<br />
two whose eldest daughter is a recruit at the North<br />
<strong>Queensland</strong> <strong>Police</strong> Service Academy. His other daughter is<br />
aspiring to be a mathematician, studying for a double degree<br />
in science and engineering at the local James Cook University.<br />
His wife is a Guidance Officer with Education <strong>Queensland</strong>.<br />
Asked what advice he gave his daughter on her career in<br />
policing, Sgt Thomas told her to join the union. “It’s still the<br />
best job in the world. It’s the people who make it,’’ he said.<br />
“If I had a word of advice for all members, it is to always<br />
contact a branch official prior to attending an interview<br />
regardless of whether it is for preliminary inquiries, just to<br />
clarify a situation or course of action taken, or for formal<br />
matters. If you are involved in any critical incident, contact the<br />
Critical Incident Team of the union or a branch official<br />
immediately.”<br />
“And remember: no union, no interview.’’
18 • Advertisements<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Invitation to participate in Research Project<br />
Managing tensions in professional statutory practice:<br />
Living and working in rural and remote communities<br />
Who is conducting the research?<br />
Professor Lesley Chenoweth and Dr Donna McAuliffe, School of<br />
Human Services and Social Work, Griffith University; Associate<br />
Professor Barrie O’Connor, Institute of Disability Studies, Griffith<br />
University; Dr Paula Jervis-Tracey, School of Education and<br />
Professional Studies, Griffith University; Professor Daniela Stehlik,<br />
Division of Humanities, Curtin University of Technology.<br />
The Australian Research Council has provided funding for this<br />
research project.<br />
Why is the research being conducted?<br />
• To map the scope and practice requirements of statutory roles<br />
across health, justice, education and human services.<br />
• To determine the characteristics of the relationships between<br />
professionals with statutory responsibilities who live and work in<br />
rural communities, and the communities in which they operate.<br />
• To explore the strategies different professionals use effectively to<br />
negotiate the multiple relationships generated by their work and<br />
living situation.<br />
• To determine what factors contribute to more collaborative<br />
relationships and more effective outcomes of statutory work in<br />
rural and remote communities.<br />
• To identify the inter-relationships between working in rural/<br />
remote environments and being ‘managed’ from central agencies<br />
or departments.<br />
What are the expected benefits of the research?<br />
When professionals have mandatory responsibilities – in child<br />
protection, law enforcement or mental health matters - tensions<br />
can arise between workers and the community in which they live.<br />
The study will explore solutions to the complex medical, legal and<br />
social issues that arise for different professional groups in the<br />
discharge of their duties. It will increase current knowledge about<br />
the nature of their roles and responsibilities in small communities,<br />
and about improving professional practice and retention, leading to<br />
improved service delivery and outcomes for individuals, families and<br />
communities.<br />
What’s involved?<br />
Workers will be asked to fill in an online survey during March to<br />
July 2010. The survey will ask questions pertaining to professionals’<br />
experience of statutory work in rural and remote communities.<br />
The survey should take approximately 45 minutes to complete, and<br />
participants can opt to enter a draw for a $100 gift card.<br />
How do I become involved?<br />
Please contact Natalie Clements, Senior Research Assistant on<br />
(07) 3382 1134 N.Clements@gu.edu.au to express your interest.<br />
Thank you for your time and consideration about participating in the research project.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Kokoda Mick’s Walk • 19<br />
Kokoda Mick’s Walk By<br />
Paula Doneman<br />
TWO YEARS ago senior constable<br />
Michael Brown would never have thought<br />
he would be walking the arduous Kokoda<br />
Trail with his oldest son Cameron.<br />
In 2008, the then 16-year-old learned he<br />
had his second bout of Acute<br />
Lymphoblastic Leukemia, and the Brown<br />
family was unsure whether Cameron<br />
would survive.<br />
“They were very uncertain times. I would<br />
have been very doubtful we would have<br />
been doing something like the Kokoda<br />
Trail,’’ said Michael, who is attached to the<br />
Gympie Traffic Branch.<br />
Within months of the bad <strong>new</strong>s and just<br />
after his 17th birthday, Cameron received<br />
a stem cell transplant from his younger<br />
sister’s umbilical cord.<br />
“We kept the cord when she was born<br />
and she was a good match…Cameron is in<br />
remission and doing well,’’ he said.<br />
Around the same time Camp Quality, a<br />
non-profit organisation that provides<br />
year-round support for children with<br />
cancer and their families, suggested the<br />
pair walk the Kokoda Trail as part of a<br />
fundraising exercise.<br />
Now the father and son team are training<br />
several hours a week to prepare for the<br />
tough trek in Papua New Guinea between<br />
May 22 and 31. They will be part of a<br />
group of 12 including QPUE General<br />
Secretary Mick Barnes.<br />
“Cameron is a lot fitter than I am, believe<br />
it or not…He has been doing a lot of walks<br />
with the group down at Mt-Cootha and<br />
The Gap.’’<br />
“I have been training and have undertaken<br />
that I will walk up the Cooroora Mountain<br />
at Pomona 100 times to get me fit,’’’ he<br />
said, adding that his son often outruns<br />
him.<br />
Michael also sees strong parallels between<br />
his son’s battle with cancer and the<br />
hardships endured by the WWII diggers<br />
on the Kokoda Trail, and the Papua New<br />
Guineans who helped them.<br />
“In our battle with cancer you see a lot of<br />
sad things. Like when you are in a<br />
children’s hospital, there is a lot of<br />
mateship; there are also breathtaking and<br />
wonderful things that happen along the way<br />
as well as a hell of a battle. This would have<br />
been experienced in wartime,’’ Michael said.<br />
Each participant raises at least $2500 each<br />
primarily for the Camp Quality family camp<br />
this year.<br />
“Camp quality has camps for sick kids,<br />
camps for siblings and also has family<br />
camps with outings during the year where<br />
everyone can get together and have a good<br />
• Mick Barnes, Cameron Brown and his father Michael Brown<br />
time and meet other people in similar<br />
circumstances. You can forge friendships<br />
and get support from other families,’’<br />
he said.<br />
Michael and his son have raised around<br />
$3,500 in pledges. anyone who wants to<br />
support their efforts can go to<br />
www.campquality.org.au
20 • Advertisements<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Operation Gradient Reaching New Heights • 21<br />
Front left to right: Detectives John Saunders, Sally Gabel, Don Laird, Wes Biddle. Rear left to right : Detectives Kyle Ostapovitch, Brendan Anderson, Brad Nielsen.<br />
OPERATION GRADIENT<br />
REACHING NEW HEIGHTS<br />
FIGHTING YOUTH CRIME AND GANG VIOLENCE ON THE CITY STREETS<br />
By Paula Doneman. Photos by senior constables Russel Smith and Luke Cervetto<br />
HER attackers were a gang of teenage girls. They allegedly<br />
beat her and threw her into the Brisbane River. Not one of them<br />
stopped to think whether their victim could swim; not one of<br />
them thought about the consequences. They were allegedly<br />
following the orders of their 17-year-old leader who ran the City<br />
Bums street gang.<br />
This is the kind of mentality permeating the youth gang culture<br />
in Brisbane’s CBD.<br />
It was one of a series of unprecedented attacks and crimes being<br />
committed by groups of offenders aged 10 to 25 in the city and<br />
Fortitude Valley areas.<br />
Confronted with growing numbers of offenders, a taskforce was<br />
formed last August, and Operation Hotel-Gradient was launched.<br />
The taskforce was made up of two detectives each from the City<br />
CPIU and CIB, as well as the City and Fortitude Valley Tactical<br />
Crime Squads.<br />
The detectives k<strong>new</strong> they had to find a fresh way to tackle the<br />
problem, so they started at the top by undermining the credibility<br />
of the leaders and targeting their foot soldiers.<br />
“If we take away the foot soldiers, they have no one to lead. So<br />
we focused on the younger ones who are more impressionable,’’<br />
said <strong>operation</strong>al coordinator and City CPIU Detective Senior<br />
Constable Don Laird.<br />
“By engaging them in conversation we get to see who is<br />
following who…we saw cases where the younger ones were told<br />
to take the blame for offences committed by older members - like<br />
they do in outlaw motorcycle gangs but on a smaller scale.<br />
“All proceeds of crime would also go back to the leader,’’<br />
Sen-Const Laird said.<br />
During the investigation into the Brisbane River bashing,<br />
detectives learned the leader had allegedly ordered three girls<br />
to attack their fellow member.<br />
“He allegedly told them she had dogged on them to the 5-0<br />
(police) and as a result, three of the girls bashed her. The victim<br />
allegedly tried to jump in the river to escape but they pulled<br />
her back and continued punching her before throwing her into<br />
the Brisbane River. The victim tried to hide behind a pylon<br />
and he (leader) was allegedly throwing rocks at her<br />
and laughing.”
22 • Operation Gradient Reaching New Heights<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Girls fighting in the Queen St Mall.<br />
captured on City Safe cameras.<br />
The victim then scrambled ashore where the leader allegedly<br />
ordered the gang members to “get her’’. Her shirt was allegedly<br />
ripped off during the second attack, but she managed to escape<br />
them and was rescued by a passing motorist.<br />
“I said to the three of them, ‘Which one of you asked her if she<br />
could swim? What if she had drowned? You would be facing a<br />
murder charge right now’. They all broke down crying and we<br />
played them a tape recording of their leader allegedly turning on<br />
the three of them. We destroyed his credibility,’’ Sen-Const Laird<br />
said.<br />
All involved in the assault were charged with assault occasioning<br />
bodily harm and are before the Brisbane Children’s Court.<br />
In their investigations, the taskforce found many members of the<br />
38 street gangs operating in the CBD were disassociated from<br />
their families and communities. “Many of them don’t have any<br />
respect for their family or the law. They repeatedly breach their<br />
bail conditions….’’.<br />
The taskforce decided to adopt a two-prong approach – policing<br />
the gangs; and enlisting external help from health, education, the<br />
Brisbane City Council and welfare bodies to help move the youth<br />
away from a life of crime and reconnect them with their families.<br />
“We get all the agencies involved, get them counselling, and if<br />
one agency falls down, another picks them up,’’ said Sen-Const<br />
Laird.<br />
Detective Senior Sergeant Wes Biddle, officer-in-charge of the<br />
City CPIU, said police meet with the agencies each month.<br />
Snr-Sgt Biddle said while the gangs - including the Bloods, Crips,<br />
OUT (Only Us Tongans), Mafiddle, CYS (Catch You Slipping), MK<br />
(Maori Kulture) and the Southside Woodsters - are not structured,<br />
they need to be tackled before they get organised.<br />
“We will have serious trouble,’’ he said.<br />
“They identified themselves as gangs, calling themselves Crips,<br />
Bloods and other names. They are mainly Polynesian kids and<br />
there are some Aboriginal and Torres Strait Island kids as well.<br />
We ran an intelligence exercise and identified 176 kids in total<br />
aged between 10 to their early 20s,’’ he said.<br />
They also found that the some of the gang leaders were juvenile<br />
offenders who only two years before had been pushed out of<br />
Brisbane city in a series of street <strong>operation</strong>s.<br />
“Now they have come back as 17 or 18-year-olds with no respect<br />
for the law, and are taking control of younger kids.”<br />
“This beast grew from that…we have never had these numbers.<br />
We worked hard to get them out of the city (two years ago) but<br />
that didn’t solve the problem,” Snr-Sgt Biddle said.<br />
Since its inception last August, Operation Hotel- Gradient has<br />
identified 176 persons of interest. They have arrested 195<br />
offenders on 261 charges for offences including armed robbery,<br />
assault, public nuisance and grievous bodily harm. The<br />
taskforce has conducted 966 street checks and located eight<br />
missing persons.<br />
“They were identified as persons of interest; they were not<br />
necessarily suspects. However they kept getting picked up on<br />
street checks in the city. We were going out there targeting these<br />
kids from a police perspective and we keep the pressure on them.<br />
But we were also trying to redirect them back into their<br />
communities and assist them in reconnecting with their<br />
families,’’ said Snr-Sgt Biddle.<br />
“What we have found is that these groups are like little families<br />
where they have leaders who will be the mum and the dad. They<br />
might be the same age or a couple of years older and the others<br />
follow them. It’s ironic because they are disassociated from their<br />
own parents,’’ he said.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Operation Gradient Reaching New Heights • 23<br />
“We have found that the parents of gang members don’t know<br />
their rights and they are very trusting of their children. They<br />
tend to believe their children who tell them they are staying at a<br />
friend’s house when in fact they are living in the city.’’<br />
The detectives found the gangs were loitering in areas such as<br />
city parks, Jacob’s Ladder, the Botanical Gardens, Brunswick St<br />
and areas like the city block on Albert Street (between Charlotte<br />
and Mary streets) which the youth “claimed’’ as their own.<br />
Safety audits were conducted and “hotspots” identified. Persons<br />
of interest were detected through mostly street checks and then<br />
profiled. The information is also passed on to the <strong>Queensland</strong><br />
<strong>Police</strong> Services Street Gang Project which is collecting data in the<br />
state’s southeast corner.<br />
“The Gradient response was proactive, with a high visibility<br />
around where they’re loitering and identifies them and keeps<br />
intelligence updated on them as persons of interest. We did risk<br />
analyses on the places they were staying at like William Street<br />
Park where there had been a lot of assaults. We went to the<br />
council and they increased the lighting, trimmed the bushes to<br />
deter them from going back to the park,’’ Snr-Sgt Biddle said.<br />
The taskforce also linked with Education <strong>Queensland</strong> and<br />
identified 15 truants in the CBD and letters were sent home to<br />
their parents.<br />
Snr-Sgt Biddle said most of the gang members are from Logan<br />
and travelled mostly by train.<br />
“They use the corridor between the Gold Coast and here (the<br />
city) and go out to Chermside,’’ he said, “Many of our persons<br />
of interest were turning up on the Gold Coast during Schoolies<br />
Week.’’<br />
pass the information onto the PLO. The PLO would engage the<br />
families and advise them of their rights and that their kids were<br />
coming up on our radar. For example it may be that their<br />
13-year-old was street checked 45 times in the last two months<br />
and 15 of those were at 10pm and he was a person of interest to<br />
police. The PLO would keep in contact with the family and refer<br />
them to the relevant agencies which keep in contact with the<br />
family,’’ said Snr-Sgt Biddle.<br />
Sen-Const Laird dealt with a 13-year-old boy who ditched a<br />
football scholarship at a prestigious Brisbane private school in<br />
favour of committing petty crime on the city’s streets with older<br />
youths.<br />
“We tried getting him to work on his grandfather’s property and<br />
that didn’t work. We tried to get him back with his parents but<br />
they didn’t really want to pay him any attention.”<br />
“We put a lot of pressure on him and pressured him to seek help.<br />
We identified him as someone who was a follower and not a<br />
leader so there was potential to steer him away from offending,’’<br />
said Sen-Const Laird.<br />
The boy is now attending a northside Brisbane high school<br />
where he is playing football.<br />
“I have only seen him once in the past month and that was at<br />
a shopping centre. He had his hair cut and was doing well. I<br />
haven’t had a problem with him since,’’ he said.<br />
In another case, a 17-year-old who was involved in “bottle runs’’<br />
– where the offenders run into bottle shops and then flee with<br />
stolen goods – was deterred from committing crime.<br />
Again the taskforce placed a lot of pressure and attention on the<br />
youth who was estranged from his family.<br />
The pack mentality used by the gangs in their offending was also<br />
of great concern to police with some victims being hospitalised.<br />
Footage from the BCC’s City Safe Cameras (pictured) reveal a<br />
violent, unprovoked attack allegedly by a group of teenage girls,<br />
aged 15 and 16, from the City Bums, against another girl in the<br />
Queen St Mall last December.<br />
The victim is sitting on a bench when five gang members allegedly<br />
approach her over a 15-minute period and abuse her. The<br />
situation then quickly escalates and the victim, 15, stands to<br />
try and talk with the one of the group.<br />
“The fight was allegedly over a boy,’’ Snr-Sgt Biddle said.<br />
The girls then allegedly attack the victim, punching and kicking<br />
her while she is on the ground. Efforts by a security guard to<br />
protect the girl proved fruitless as the attackers allegedly<br />
clambered over and around him to bash their victim.<br />
The group has been charged with assault occasioning bodily<br />
harm and three of the teenagers are still before the Children’s<br />
Court.<br />
Snr-Sgt Biddle said the gangs are also committing crimes against<br />
each other.<br />
“They have trouble amongst themselves as well, with assaults<br />
and robberies. There have been some members in these groups<br />
that have been sexually assaulted by adult predators,’’ he said.<br />
“There were also some cultural issues with his background<br />
which we also have to be across. We would pull him aside, speak<br />
to him and asked him about his plans for the future. He said he<br />
wouldn’t mind getting a job. We found out what he was looking<br />
for, the training he needed and with the help of outside agencies<br />
we got him a job – he is now a roadie for an international heavy<br />
metal band,’’ said Sen-Const Laird.<br />
Snr-Sgt Biddle said many of the youth still come into the city but<br />
no longer misbehave.<br />
The taskforce also imposed a curfew where members of the<br />
group have to be on the 10.30pm train to go home.<br />
“We alerted the uniform officers about the curfew and the groups<br />
are told they have to leave, and that they are only staying in the<br />
city to cause trouble,’’ Snr-Sgt Biddle said.<br />
<strong>Police</strong> are currently working with the Brisbane City Council to<br />
establish exclusions zones in certain areas of the city to deter the<br />
gangs from congregating.<br />
Operation Hotel-Gradient has now become the pilot used by<br />
other police regions in <strong>Queensland</strong>.<br />
“It’s all baby steps. Every time we hit a wall, we come up with<br />
a different strategy to get around it and moved forward. We are<br />
slowly getting there,’ said Snr-Sgt Biddle.<br />
A street check revealed a known sex offender was associating<br />
with several young girls, aged 13 and 14.<br />
He is currently before the courts charged with several rapes and<br />
sexual offences against the girls.<br />
But the <strong>new</strong>s is not all bad. Operation Hotel-Gradient has had<br />
some successes.<br />
“We were very proactive. We would identify the youth and
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 AO Reminder • 25
26 • Butcher <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Butcher<br />
On the 4th February 2008, Western<br />
Australian <strong>Police</strong> Constable Matt Butcher<br />
attended a large pub brawl adjacent to<br />
the Joondalup <strong>Police</strong> Station. During<br />
the brawl, a male offender delivered a<br />
deliberate and calculated “flying” head<br />
butt to the rear of Matt’s head, rendering<br />
him unconscious.<br />
As a result of the attack, Matt sustained<br />
bleeding to the brain which caused partial<br />
paralysis to the left side of his body, and<br />
the loss of his peripheral vision. Matt<br />
also suffered a broken jaw. He spent<br />
seven months in hospital learning to walk<br />
again, and is currently on a return to work<br />
program, three half-days a week, with the<br />
Western Australia <strong>Police</strong> Force.<br />
As a result of this callous assault,<br />
three men (a father and two sons) were<br />
charged with a variety of offences. The<br />
assault was recorded on a mobile phone and can be currently viewed on<br />
YouTube. The trial lasted for six weeks and the offender responsible for<br />
viciously assaulting Matt was acquitted by the jury. The verdict sparked<br />
nationwide condemnation and concerns that officers were no longer<br />
protected when carrying out their duties. The acquittal also removed<br />
Matt’s ability to access criminal compensation for the injuries inflicted<br />
upon him.<br />
Currently Matt is unable to walk for long periods of time (even with<br />
short periods he requires a walking stick) and he has no movement in<br />
his left hand or arm. Matt still has no peripheral vision and is therefore<br />
unable to drive. However, having regard to his injuries, Matt is hoping to<br />
return to work fulltime in 2010, in an administrative position within the<br />
Western Australia <strong>Police</strong> Force.<br />
With the assistance of the Ashmore PCYC, and the support of various<br />
organisations, Matt and his wife, Katrina, are travelling to the Gold Coast<br />
on the 13th May 2010 for an all expenses paid seven-day holiday.<br />
During their stay Gold Coast police will hold a race day at the Gold Coast<br />
Turf Club on Saturday, 15th May 2010. Everyone is welcome to come and<br />
support this worthwhile cause.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Gold Coast <strong>Police</strong> Race Day • 27<br />
GOLD COAST POLICE RACE DAY<br />
WHEN: 12:00PM SATURDAY 15 MAY 2010<br />
VENUE: GOLD COAST TURF CLUB, BUNDALL<br />
Private air conditioned venue (The “DOME”) with bar and TAB facilities,<br />
finger food, live music, expert punting advice,<br />
numerous lucky door prizes and entry in “Fashions in the Field.”<br />
Tickets cost $50.00 each and are available from the<br />
Gold Coast District office Surfers Paradise on the 5th floor<br />
Please see Natalie Bloxham and Julie Hall.<br />
For email inquiries - McGrath.Craig A [SER]<br />
Tables of 10 can be booked, however all the tickets must be paid for and collected.<br />
The event is open to colleagues, family and friends.<br />
ONLY 250 TICKETS AVAILABLE.<br />
EVENT PROUDLY SUPPORTED BY:
28 • Behind The Spin<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Behind the spin<br />
Credibility lost<br />
By Ross Musgrove<br />
As I write this, Charleville and Roma<br />
are in flood. The poor denizens of these<br />
southwestern towns have enough problems<br />
without having to deal with Premier Anna<br />
popping in looking concerned and patting<br />
folk on the shoulder for the TV cameras.<br />
It’s a well known political fact – the lower your polls are the<br />
quicker you must take advantage of a natural disaster. Anna<br />
Bligh headed west at breakneck speed.<br />
Right now her polling is as bad as it gets for incumbent<br />
leaders. Even I’m astonished at how the punters have<br />
dumped her. Her unpopularity stems from the fact that she<br />
is getting the blame for destroying <strong>Queensland</strong>’s once proud<br />
reputation for sound financial management.<br />
of $2 billion dollars for the next three years) and the State<br />
Opposition naturally says that things are catastrophic. So<br />
who should we believe? Well, the international ratings<br />
agencies are pretty independent and they’re the ones who<br />
downgraded <strong>Queensland</strong>’s rating.<br />
The public perception of a government’s economic<br />
management is fundamental to the public perception of its<br />
fitness to govern. It’s the bedrock of political credibility.<br />
Anna Bligh’s political credibility is shot and despite her best<br />
efforts, she won’t find a solution to that wandering around in<br />
gumboots and posing for cameras.<br />
“ The halcyon days of AAA credit rating is<br />
but a distant memory as we watch<br />
as monopoly businesses such<br />
as <strong>Queensland</strong> Rail are sold to the<br />
highest bidder ”<br />
The fact that they’re flogging off assets is just a reminder of<br />
how broke the state government are. The halcyon days of<br />
AAA credit rating is but a distant memory as we watch as<br />
monopoly businesses such as <strong>Queensland</strong> Rail are sold to<br />
the highest bidder.<br />
Anna Bligh and Treasurer Andrew Fraser maintain that<br />
things aren’t so bad (despite forecasting deficits in excess<br />
Anna Bligh<br />
There is only one way back for Anna Bligh. Everything hangs<br />
on getting back that AAA credit rating.<br />
Attorney-General Cameron Dick, the person most likely to<br />
take over her job should she fail to turn the tide, is sounding
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Behind The Spin • 29<br />
and looking more like a pro every day. He was on radio<br />
recently speaking about a difficult subject with a shock jock<br />
who was giving him a good going over.<br />
“ To be honest, I thought Mr Dick did<br />
very well. He is becoming an<br />
excellent media performer who is<br />
calm, measured and doesn’t talk<br />
political gobbledygook ”<br />
When Kevin Rudd eventually stops trying to make himself<br />
the issue, difficult for a bloke that truly believes that the<br />
world revolves around him, and gives the media the time and<br />
space to question the Opposition, things could get messy<br />
over at Team Abbott.<br />
To be honest, I thought Mr Dick did very well. He is<br />
becoming an excellent media performer who is calm,<br />
measured and doesn’t talk political gobbledygook. We might<br />
yet end up with Premier Dick.<br />
“ In politics you need to be disciplined<br />
and the Opposition still isn’t. In fact,<br />
it’s shambolic at best ”<br />
Election on the way<br />
Kevin 07 seems a long time ago. Prime Minister Rudd is<br />
feeling the heat over all manner of things and Tony Abbott is<br />
riding high on the back of the Garrett insulation fiasco.<br />
In fact, Mr Abbott has been very fortunate that the media<br />
focus has been on the government for if it was to turn to the<br />
Opposition, I suspect the honeymoon would quickly end.<br />
Tony Abbott<br />
Kevin Rudd is on the slide. However, I know that people think<br />
he’s done a good job managing the national economy, so<br />
unlike Anna Bligh, he will survive.<br />
Yes, he talks in bureaucratese and has nothing in common<br />
with 99% of Australians but I reckon he will scrape over<br />
the line on the back of Australia’s economic performance<br />
compared to the rest of the world.<br />
In politics you need to be disciplined and the Opposition still<br />
isn’t. In fact, it’s shambolic at best. Barnaby Joyce and Joe<br />
Hockey disagree on just about everything.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Beyond Reasonable Doubt • 31<br />
Atkinson v Gibson<br />
This case is quite concerning to all<br />
<strong>Queensland</strong> <strong>Police</strong>, given the facts<br />
surrounding the matter.<br />
intended police officers be protected from people they have effectively<br />
apprehended, swearing at them in such a place.<br />
by Calvin Gnech Legal Officer QPUE<br />
The facts are:<br />
On 30 November 2006, police set up a roadblock on McIvor Road near<br />
Hope Vale in north <strong>Queensland</strong>. <strong>Police</strong> were intercepting vehicles with<br />
a view to enforcing the Alcohol Management Plan in the community.<br />
The offender’s vehicle was intercepted and he exited the vehicle. The<br />
offender was standing between two vehicles that had been intercepted<br />
by police. The offender said, ‘How long are you bastards going to be<br />
here anyway?’ The offender was warned about his behavior and the<br />
offender then said, ‘Oh, you’re all just a bunch of f#*#*#g c#*ts<br />
anyway’. He then raised his middle finger at the police officer. The<br />
offender was informed he was under arrest for public nuisance. The<br />
offender then took up a fighting stance and threw a couple of punches<br />
at the police officer that did not make contact. The offender eluded the<br />
grip of the police officer and moved to the middle of the road and again<br />
took up a fighting stance. Another police officer tackled the offender<br />
from another angle and a struggle occurred before the offender was<br />
handcuffed.<br />
The offender was charged with committing public nuisance, assault<br />
police (PPRA) and obstruct police (PPRA). During the summary hearing<br />
the Magistrate dismissed all three charges and awarded $32,000 in<br />
costs against the arresting officer.<br />
The issues addressed in this case are:<br />
(1) Were the offences committed in a public place?<br />
(2) Why an offender swinging punches at a police officer is not assault;<br />
(3) Why an offender wrestling with police is not obstructing police;<br />
(4) Awarding of costs outside the prescribed scale.<br />
The QPS Solicitor’s Office appealed to the District Court however the<br />
appeal was unsuccessful with the Judge basically adopting the findings<br />
and decision of the Magistrate.<br />
Reasons for Decision<br />
Were the offences committed in a public place?<br />
I quote from the decision of the District Court the reasons why the<br />
public nuisance charge was dismissed:<br />
‘The respondent argues that consistently with the object of the relevant<br />
Part and the definition of public place in the Summary Offences Act, the<br />
quality of a place which makes it a “public place” is that members of<br />
the public, even if they have to pay a fee to be present, can be present<br />
in the place in the exercise of free will and they are free to leave by<br />
their own choice. It therefore follows that a location which might<br />
normally have the quality of a public place can be robbed of that<br />
quality if, even temporarily, it is not open to use by the public and<br />
all present within it are not there in the exercise of free will and are<br />
not free to leave by their own choice. It is unlikely that the legislature<br />
Therefore, that part of the roadside of McIvor Road where the events<br />
occurred was no longer a public place whilst it was being used as a<br />
“static vehicle interception site”. It was in effect, a “temporary detention<br />
zone”, an area into which vehicles and the persons travelling in them<br />
were present because they were compelled to be there by police<br />
direction and not in the exercise of a free choice as members of the<br />
public.<br />
What does actual apparent present ability to apply force (s245<br />
Criminal Code) mean?<br />
Again I quote from the District Court decision as to why an offender<br />
swinging punches at a police officer is not assault:<br />
The Magistrate noted that the taking up of the fighting stance and the<br />
air-swings could have been a threat to apply force to Atkinson or “they<br />
could be simply the acts of a drunken man showing bravado with no<br />
apparent ability to actually apply force to Atkinson”. The Magistrate<br />
noted that on Atkinson’s evidence he did not have any concern about<br />
being actually hit. Atkinson only got to within two arms lengths of the<br />
respondent at any time and there was no danger of Atkinson being<br />
actually hit. The Magistrate therefore found that there had been no<br />
actual contact by the respondent to Atkinson and importantly, no actual<br />
apparent present ability to apply force. He noted that for the respondent<br />
to have such ability he needed to be moving in on Atkinson’s direction<br />
but that there was no evidence of that.<br />
This position was accepted by Judge Sarah Bradley during the appeal.<br />
Why is an offender wrestling with police not obstructing police?<br />
The Magistrate found the ‘tackle’ by the second officer was excessive<br />
force and therefore the offender struggling with police was him acting<br />
in self-defence against an unlawful assault. This position was again<br />
accepted by Judge Bradley.<br />
Awarding of costs outside the prescribed scale.<br />
In normal circumstances, a Magistrate can only award costs in line with<br />
the prescribed schedule. In this trial, costs in line with the prescribed<br />
schedule would have been $3,250. Here $32,000 was awarded in<br />
costs. I quote Judge Bradley’s reasons for finding costs higher than the<br />
schedule were just and reasonable:<br />
Having regard to the length of the trial, the legal argument that occurred<br />
during it, the issues raised, and the importance of the case, not only to<br />
the respondent but to the wider community, particularly in the context<br />
of police dealings with indigenous people, the Magistrate was correct<br />
to find that it was just and reasonable to award an amount of costs<br />
higher than that provided for in the scale. The actual costs incurred by<br />
the respondent were high but not unreasonable in the circumstances,<br />
particularly given the geographical location of the trial court.<br />
This case has some very concerning matters on a number of issues and<br />
the QPU is fully supportive of the QPS Solicitors Office appealing this<br />
matter to the Court of Appeal.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
The WHSR - Your Safety Champions • 33<br />
The WHSR -<br />
Your Safety Champions<br />
By Rosemary Featherstone<br />
Regions around the state have held workplace elections for the<br />
role of Workplace Health and Safety Representative (WHSR). All<br />
regions were divided into clusters in consultation with the QPS and<br />
both the <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> of Employees and the<br />
<strong>Queensland</strong> Public Sector <strong>Union</strong>. Their names and contact details<br />
should be posted in every station/workplace as is required by<br />
Workplace Health and Safety legislation.<br />
These men and women, both sworn and unsworn, have<br />
volunteered their time, energy and motivation to ensure that<br />
everyone works in a safe and healthy environment. These WHSRs<br />
will have a constant battle and a hard job ahead of them. For too<br />
long QPS employees have endured work environments that are<br />
often in a state of disrepair. QPS employees have always heard<br />
“It’s not in the budget” and thus have developed a culture that<br />
suffers in silence.<br />
Most of the work of those in health and safety management has<br />
been peripheral, reactive and incapable of having more than a<br />
minor impact on underlying causes of work environment problems.<br />
It is time to remove the old culture that believes we should just put<br />
up with it.<br />
WHS should not be left to management alone. It is the<br />
responsibility of all to ensure that the workplace is healthy and<br />
safe. Consultation is fundamental to the successful management of<br />
WHS. The <strong>new</strong>ly elected WHSRs should meet as part of the District<br />
WHS Committee and be represented at Regional WHS meetings<br />
alongside their union representatives. It is important that regional<br />
committees realise and value the importance of having<br />
non-management on their committee by speaking for the<br />
employees.<br />
Management needs to hear from the troops at all<br />
levels. It is integral that a joint health and safety committee become<br />
the norm in every region. Raising a community around health and<br />
safety is really important. It provides channels for dialogue with<br />
management on existing problems and planned changes. The more<br />
people involved, the easier it is to build awareness and support for<br />
safety.<br />
It will be a hard sell – a WHSR needs to be persistent and prepared<br />
to stick to their position. Remember the WHSR will have both the<br />
QPUE and QPSU for support. Both unions have agreed to share<br />
WHS information and to provide assistance to their members.<br />
QPUE’s Regional Representatives Tony Collins and Mick Gerrard,<br />
the QPUEs Workplace Health and Safety Officer was asked to<br />
inspect two areas with long-term health and safety issues. At both<br />
locations, a large number of WHS deficiencies were brought to the<br />
attention of the QPUE General Secretary and the QPUE’s WHS<br />
Committee. An immediate reaction from the QPS occurred – issues<br />
were being addressed. The reports were forwarded to QPS Health<br />
and Safety and to the Regional WHS Coordinator.<br />
The day the inspection was to be carried out in the Northern<br />
Region, a branch official, regional representative and the QPUE’s<br />
WHSO witnessed the repair of steps that was the contributing<br />
factor in two workplace incidents with one employee receiving<br />
serious medical attention. This had been reported as required and<br />
no action was taken until 18 months later on the same day the<br />
QPUE arrived.<br />
The feedback from the troops was amazing – they couldn’t believe<br />
that the suggestion of an audit conducted by the QPUE would<br />
result in an almost immediate response from the QPS. Requests<br />
for future QPUE WHS audits have been coming in from stations<br />
across the state.<br />
The QPUE is fully prepared to answer a call from any employee<br />
where there is WHS issue and present these issues at both a<br />
regional and state level. Legal support for the rights of workers to<br />
representation strengthens the employee’s position in labour<br />
relations of workplace health and safety and may be an<br />
encouragement to act in situations where otherwise fear of<br />
victimisation may have prevented them from doing so.<br />
Hard work, persistence and patience pay off in the long run. It takes<br />
these key ingredients to build a relationship between the workers<br />
and management. WHS representatives make workplaces safer<br />
and healthier.<br />
Every issue needs to be taken to management. The QPUE<br />
understands the financial constraints that dictate the service’s<br />
response to WHS problems but it is hoped that with constant<br />
consultation and perhaps the issue of a few Provisionary<br />
Improvement Notices (PINS), that the QPS will insist to the<br />
Government that it needs more budgetary funds to ensure that<br />
their employees have a safe working environment.<br />
Stay Safe and Stay Strong!<br />
The Metro South Region and the Northern Region recently<br />
experienced that assistance. At the request of the respective
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Sidebar • 35<br />
By Calvin Gnech Legal Officer QPUE<br />
Sidebar<br />
“Sidebar” is being introduced to the journal as a regular addition for the purpose of<br />
giving brief summaries of selected recently decided cases which may be of interest to<br />
members. Members seeking a full understanding of the case will need to be obtained<br />
the full case. These case summaries have been prepared by Ken Mackenzie of Mackenzie<br />
Mitchell Solicitors as part of his Q-Crime weekly digest.<br />
R v Gibson [2009] QDC 405 – Sentence for dangerous driving<br />
causing death whilst adversely affected. Drinking while driving<br />
with a blood alcohol level of approximately 0.19%. Lost control and<br />
collided with oncoming vehicle. Assisted with rescue attempt of V.<br />
Guilty plea at committal. Previous conviction for drink driving 15<br />
months earlier. Gave up all alcohol. Participated in public<br />
education campaign on the dangers of drink driving. Five years<br />
imprisonment, suspended after 15 months for <strong>operation</strong>al period<br />
of five years. Disqualified for five years.<br />
M v Gray [2010] QDC 14 – Domestic violence. Protection orders. M<br />
convicted of two breaches of non-contact condition in a<br />
protection order. M wrote a rational letter to the aggrieved, and<br />
made a telephone call in which his manner was described as<br />
“nice”. At sentence, a further two-year protection order was made.<br />
Held: (1) The court may make such an order of its own initiative.<br />
The mere charge of an offence involving domestic violence should<br />
put the defendant on notice that a further order may be made. (2)<br />
It is a pre-condition to making a further protection order that the<br />
offence involves “domestic violence” as defined in s.11 DFVPA.<br />
Mere contact is not domestic violence, unless it amounts to<br />
intimidation or harassment. The order should not have been made.<br />
Protection order set aside.<br />
R v Bell [2010] EWCA Crim 3 – Re-trials. Sole ground of appeal was<br />
that it was an abuse of process to try B a third time after two juries<br />
had failed to agree on a verdict. Appeal dismissed. Obiter – “the<br />
jurisdiction which permits a second re-trial after two jury<br />
disagreements in circumstances like the present must be exercised<br />
with extreme caution. The broad public interest in the<br />
administration of criminal justice leads us to the clear view that a<br />
second re-trial should be confined to the very small number of<br />
cases in which the jury is being invited to address a crime of<br />
extreme gravity which has undoubtedly occurred (as here) and in<br />
which the evidence that the defendant committed the crime (again,<br />
as here), on any fair minded objective judgment remains very<br />
powerful.” at [46].<br />
R v Sheppard & Whittle [2010] EWCA Crim 65 – Internet crime.<br />
Jurisdiction. S & W published racially inflammatory material on the<br />
internet. S & W were in England and electronically uploaded the<br />
material onto a server in the USA. From the server the material was<br />
available, via websites, to anyone in the world. Held: The test for<br />
jurisdiction was whether a substantial measure of the activities<br />
constituting the crime took place in England. It was relevant that<br />
the material was written, edited and uploaded from England, and<br />
parts of it were targeted specifically at a readership in the UK.<br />
Appeals dismissed. Convictions upheld.<br />
CPS v C, M & H [2009] EWCA Crim 2614 – Adjournment.<br />
Prosecution failed to obtain and serve CCTV footage of the<br />
offence, even after time to do so was extended. Judge<br />
conducting review ruled that the trial was to commence<br />
immediately and called for a jury. Prosecution had no witnesses<br />
at court, offered no evidence under protest. Acquittal directed.<br />
Prosecution appealed. Appeal dismissed due to deficiency in<br />
the way the prosecution gave notice of the appeal. Obiter – the<br />
judge’s decision was unreasonable. Comment: A neat illustration<br />
of the case management difficulties created in superior courts by<br />
the abolition of committal hearings.<br />
R v Evans [2009] EWCA Crim 268 – Cross-examination. Prior false<br />
statements. Prior sexual conduct. Child A made allegations of<br />
sexual abuse against two men, E & J, who were to be tried<br />
separately, E first. E’s counsel sought leave to cross-examine A<br />
about her accusations against J. The intention was to show that<br />
the accusations against J were demonstrably false, inconsistent<br />
with the accusations against E, and inconsistent with the medical<br />
evidence. Judge refused leave. Held: There was not, at trial,<br />
sufficient evidential basis to suggest that the allegations against<br />
J were untrue (still less basis at the appeal, by which time J had<br />
pleaded guilty). Appeal dismissed.<br />
Manning v Qld Transport [2010] QDC 15 – Vehicle overloading.<br />
Section 43(b) of the TORUM – Mass, Dimension and Loading<br />
Regulation 2005 provides that evidence that a load, or part of<br />
a load, has fallen off a vehicle is evidence that the load was not<br />
properly secured. Held: The section determines the relevance of<br />
the evidence, not its weight. The weight could be diminished by<br />
other evidence that showed an appropriate method of restraint<br />
was used, or that the load was secured so that it was unlikely to<br />
fall or be dislodged.<br />
R v Brienza [2010] QCA 15 – Sentence for trafficking in<br />
cannabis. Wholesaler in organised <strong>operation</strong>. Received 70 pounds<br />
of cannabis in 12 transactions. Desisted before police action.<br />
Guilty plea. 37 years old. No relevant convictions. Not a user of<br />
cannabis. Chronic depression. Original sentence imprisonment of<br />
six years, eligible for parole after two years. Not varied.<br />
R v Luong [2010] QCA 14 – Sentence for possession of heroin (140<br />
grams of powder containing 19g pure heroin). Some commercial<br />
purpose. Early guilty plea from 41-year-old long-term addict.<br />
Offence while on probation. Many previous similar offences<br />
involving smaller amounts of drug for personal use. Good efforts<br />
at employment and rehabilitation. Original sentence<br />
imprisonment 5½ years, eligible for parole after 22-months. Not<br />
varied.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 Duty Of Care To Undercover <strong>Police</strong> Officers • 37<br />
DUTY OF CARE TO UNDERCOVER<br />
POLICE OFFICERS<br />
S –v– State of New South Wales [2009] NSWCA 164<br />
By Monique Moloney, Solicitor<br />
The Plaintiff appealed a decision of the New South Wales<br />
Supreme Court in which the primary judge held her employer<br />
had not committed any breach of duty.<br />
Background<br />
The Plaintiff commenced her employment with the New South<br />
Wales <strong>Police</strong> Force as a Probationary <strong>Police</strong> Constable in May<br />
1985 at the age of 20. In August 1986, she was transferred<br />
to the Drug Strike Force, undertaking criminal investigation<br />
work for prosecution of drug dealers in the Kings Cross<br />
area. The Plaintiff was then transferred to the Special Forces<br />
(Undercover) Unit in January 1988 where she remained until<br />
September 1990. During this period it is noted that the Plaintiff<br />
undertook numerous undercover <strong>operation</strong>s taking on assumed<br />
names and identities.<br />
From October 1990 to February 1999 the Plaintiff undertook<br />
general policing and undercover duties after informing<br />
her employer that she did not believe she could undertake<br />
undercover work any longer.<br />
The Plaintiff was married in April 2000 and returned to part<br />
time police duties in March 2003. She ultimately ceased work<br />
in May 2003, being discharged from the NSW <strong>Police</strong> Force on<br />
medical grounds in 2005, with a claim of post traumatic stress<br />
disorder.<br />
Primary Trial<br />
In Harrison J’s decision, a description of the undercover work<br />
undertaken by the Plaintiff was provided, however there<br />
were two particular drug <strong>operation</strong>s in 1998 and 1999 which<br />
were noted as being of particular significance in the medical<br />
evidence. It was towards the end of the latter <strong>operation</strong> that<br />
the Plaintiff indicated to a detective that she did not think she<br />
could undertake undercover work anymore.<br />
At first instance it was accepted that the Plaintiff suffered from<br />
a psychiatric disorder and the Defendant owed a duty of care<br />
to the Plaintiff. It was also held that there was a foreseeable<br />
risk that the Plaintiff would suffer a psychiatric injury from<br />
performing undercover work.<br />
Harrison J rejected the Plaintiff’s argument that the<br />
Defendant should have taken appropriate steps in answer to<br />
the foreseeable risk of psychiatric injury. In support of this<br />
decision, His Honour held that the training of the Plaintiff had<br />
been adequate and that providing counselling or psychiatric<br />
treatment beyond the maintenance of a readily available and<br />
accessible welfare unit was not called for and outside what was<br />
regarded as a reasonable response to the foreseeable risk.<br />
Further, Harrison J considered there was no causal connection<br />
established between the Plaintiff’s psychiatric injury and the<br />
alleged breaches of duty by the Defendant.<br />
Appeal<br />
The New South Wales Court of Appeal ultimately addressed<br />
whether it was reasonable for the employer to allow the<br />
Plaintiff to perform undercover work for more than two to<br />
three years continuously given the accumulation of stress over<br />
this period. A further issue raised was whether placing her on<br />
further undercover work, although on a part-time basis, was a<br />
reasonable response to her complaints about performing this<br />
type of work.<br />
It was noted that the evidence suggested that the risks and<br />
stressors of full-time and part-time undercover work are<br />
comparable and it was unreasonable for the Defendant to<br />
have the Plaintiff undertake further undercover work after<br />
completing the three year period of full-time undercover work.<br />
The Court of Appeal held:-<br />
“If the employer had responded appropriately to the<br />
foreseeable risk, the Appellant would not have performed the<br />
part time undercover work that she did and in particular would<br />
not have been involved in the two undercover <strong>operation</strong>s which<br />
triggered her psychiatric disorders.”<br />
It was held the Defendant’s negligence in this regard caused<br />
or materially contributed to the Plaintiff’s injury. In the<br />
alternative, it was noted that the subsequent part-time<br />
undercover work materially contributed to the psychiatric<br />
disorders due to the accumulated stress and vulnerability to<br />
the impact of the traumatic experiences.<br />
The Court of Appeal also did not agree with the primary<br />
judge’s conclusion that the Defendant was not negligent in<br />
failing to have in place regular compulsory reviews, counselling<br />
and psychiatric/psychological treatment. It was noted that<br />
given the magnitude of the risk and seriousness of potential<br />
injury, a reasonable employer would have ensured compulsory<br />
assessments and counselling, which would likely have revealed<br />
the Plaintiff was subjected to the stresses of undercover work<br />
over an excessive period of time.<br />
The appeal was allowed and judgement for the Plaintiff in<br />
the amount of $1,679,936.71 plus domestic assistance to be<br />
assessed was ordered.<br />
Conclusion<br />
Employers with employees in “high stress” positions/<br />
circumstances should be mindful of this decision, whereby an<br />
employer could find themselves open to a finding of negligence<br />
should reasonable steps not be taken to respond appropriately<br />
to foreseeable risks of a psychiatric or psychological disorder<br />
due to accumulated stress.<br />
Contact Us<br />
If you need any further information or advice about this topic,<br />
please contact McInnes Wilson Lawyers.<br />
Monique Moloney<br />
Solicitor<br />
Telephone: 07 3231 0662<br />
Email: mmoloney@mcw.com.au<br />
Brodie McIntosh<br />
Solicitor<br />
Telephone: 07 3231 0651<br />
Email: bmcintosh@mcw.com.au
Letters to The Editor should be no longer than<br />
400 words if possible and sent to:<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> -<br />
PO Box 13008 George Street Brisbane Qld 4003.<br />
Fax (07) 3259 1996.<br />
Letters may be edited for length and clarity.<br />
Dear Mick,<br />
Thank-you for the card you sent<br />
me last week and your recent letter<br />
of 3 February 2010 regarding my<br />
resignation from the <strong>Queensland</strong><br />
<strong>Police</strong> <strong>Union</strong>. This was an oversight by<br />
me for which I apologize.<br />
Although I never had to call up on the<br />
union, I wish to thank you and the<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> for the great<br />
job that you do for your members.<br />
It was good to be a member of such a<br />
strong union and to know that I could<br />
call upon the QPUE at any time if I was<br />
in need. Many thanks.<br />
Yours faithfully,<br />
Peter CARTER<br />
Dear Editor,<br />
I refer to the letter of Constable Greg<br />
Young in the February Journal.<br />
I happily agree with Greg in relation to<br />
allowances being incorporated in our<br />
superannuation. The problem I have is<br />
that not all officers are in a position<br />
whether by choice or otherwise, to<br />
receive any form of allowance. As an<br />
officer with over 30 years experience<br />
I am one of those and I personally<br />
feel the additional opportunities<br />
to increase superannuation though<br />
receipt of allowances discriminates<br />
against those not in a position to do<br />
so. There are many of us out there<br />
who do not get the OSA and as such,<br />
this would automatically put us<br />
behind people of equivalent rank in<br />
our potential future earnings. Don’t<br />
get me wrong, I would love to see this<br />
occur, however that said, there would<br />
need to be some form of recompense<br />
to the non-OSA people to ensure<br />
equality across the board.<br />
Let’s also not forget that any push<br />
along these lines may well be the<br />
catalyst for the government to decide<br />
to reduce their component back to<br />
9% from the 18% we fought hard to<br />
retain. This would severely penalise<br />
those who do not have any allowances<br />
as noted by the editor. Whilst the<br />
government has previously stated they<br />
would not touch our superannuation,<br />
who actually believes anything said<br />
by a politician? Sorry Greg, I am not<br />
prepared to lose 50% of the super that<br />
I am getting to go with your proposal.<br />
Allan Berriman<br />
Senior Sergeant<br />
Branch President SCOC Branch.<br />
Dear Editor,<br />
I am not sure if this has become<br />
common knowledge as yet, however,<br />
apparently at the recent Senior<br />
Executive Committee meeting one<br />
of the most “pressing issues” within<br />
the service is the wearing of a plain<br />
shirt either over or in place of a<br />
uniform shirt by uniform members<br />
when travelling on public transport<br />
or just walking outside Brisbane<br />
headquarters.<br />
Now before people jump up and<br />
down, yes, I am fully acquainted<br />
with the Code of Dress in relation to<br />
mixing and matching uniform.<br />
What mainly concerns me is that<br />
in the present climate, our senior<br />
executive found this to be of such<br />
a pressing nature and the need to<br />
enforce it has apparently become<br />
a priority. Many of our members<br />
travel on public transport and often<br />
make use of a cover shirt in order<br />
to prevent harassment and possibly<br />
being assaulted by some of the<br />
undesirable passengers.<br />
I am also fully aware of the reason<br />
police wearing uniform on public<br />
transport is to provide a high<br />
visibility, however, with due respect to<br />
those who hold plain clothes positions<br />
and also utilise public transport, one<br />
has to question the validity of the<br />
high visibility concept.<br />
Members work their required hours<br />
and as such should then be afforded<br />
the opportunity to travel home<br />
without having some grub, who<br />
probably doesn’t have a ticket, give<br />
them a hard time.<br />
It has in fact been mooted that<br />
officers caught catching public
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
CORRESPONDENCE • 39<br />
transport wearing an over shirt will<br />
be charged with a disciplinary offence.<br />
What a joke! Has the service really<br />
lowered itself to these levels?<br />
Surely it is time our senior<br />
management woke up and realised<br />
there are far bigger issues occurring<br />
within the job. This is yet another<br />
great morale builder from our<br />
Commissioner.<br />
For fairly obvious reasons I would ask<br />
you not publish my name in relation to<br />
this matter, I believe such criticism of<br />
the service would not be good for my<br />
health.<br />
Name Withheld<br />
Dear Editor,<br />
I HAVE BEEN SUBJECTED TO POLICE<br />
CULTURE<br />
In July 2009 my wife Barb got the<br />
devastating <strong>new</strong>s that she had<br />
aggressive breast cancer.<br />
This <strong>new</strong>s is definitely the type<br />
of <strong>new</strong>s that sends your normally<br />
structured world into a spin.<br />
I immediately informed my Inspector,<br />
Peter Flanders, that I may have to have<br />
some time off.<br />
Not being in this position before he<br />
told me that he would look into what<br />
leave I was entitled to and for me not<br />
to worry about it. He came back and<br />
informed me that I was entitled to<br />
carer’s leave and he would follow up<br />
on any other matters that I needed.<br />
When it became public knowledge that<br />
Barb had cancer, Sgt. Bill Feldman who<br />
not only is our union rep. but also the<br />
sergeant-in-charge of my neighbouring<br />
division was the first to call and offer<br />
his personal assistance as well as any<br />
assistance from the union.<br />
After that I had numerous calls<br />
and e-mails from many members<br />
throughout the State wishing my wife<br />
all the best and offering any assistance<br />
that they could give.<br />
The biggest job at the end of the day<br />
was remembering who had sent their<br />
wishes so I could tell Barb. Our HSO<br />
Natalie Dunstan kept in contact with<br />
us and even cooked up a meal for us.<br />
I started to think that maybe this is<br />
the real thing that they call “<strong>Police</strong><br />
Culture”.<br />
I had time off while Barb had surgery<br />
and used carers leave while taking<br />
care of her. During this time my<br />
neighbouring divisions took over the<br />
responsibilities of looking after my<br />
area. Many thanks go especially to S/<br />
Const. Peter McNamara and later Sgt.<br />
Dan Graham from Finch Hatton Station<br />
and Sgt. Bill Feldman and S/Const.<br />
Marshall Roper from Marian Station<br />
along with S/Const. Gary Knack from<br />
Eton Station who took on the majority<br />
of work covering my division. Again I<br />
thought maybe this is the real “<strong>Police</strong><br />
Culture”.<br />
I was contacted by Assistant<br />
Commissioner Anne Lewis who<br />
expressed her best wishes for Barb<br />
and throughout the treatment has<br />
kept in contact for any updates. Ass.<br />
Comm. Lewis also gave us a contact of<br />
another lady who had been in a similar<br />
situation for Barb to talk to.<br />
A meeting was held at Calen<br />
where stations in our area met the<br />
commissioner and the <strong>Police</strong> Minister<br />
on his visit to the Whitsunday’s. The<br />
Commissioner made a point of coming<br />
over and asking how Barb was.<br />
It then struck me that maybe this<br />
“<strong>Police</strong> Culture” may go right to the<br />
top. After chemotherapy, Barb needed<br />
radium treatment in Townsville.<br />
Again Insp. Peter Flanders inquired<br />
for me about accommodation and<br />
I was fortunate enough to receive<br />
accommodation at Margaret House<br />
which is a house run by CSP.<br />
Thanks go to Sandy the HSO in<br />
Townsville. Again I used carer’s leave<br />
while my wife had her treatment.<br />
Whilst in Townsville Insp. Bruce<br />
Batterham and his wife Pat were good<br />
enough to show us around the city<br />
and kept in contact while we stayed in<br />
Townsville.<br />
Pat was also good enough to take Barb<br />
along to a lunch and meet other police<br />
wives from Townsville.<br />
Thank-you Pat. Again I thought that<br />
maybe all this is the real “<strong>Police</strong><br />
Culture”. Barb has finished all of her<br />
treatment and now has to recover and<br />
hopefully our life will get back to some<br />
normality.<br />
I know that the <strong>Police</strong> Service may get<br />
things wrong on occasions but in my<br />
instance they got it right.<br />
Barb works for another government<br />
department and did not get one call<br />
from her immediate boss let alone a<br />
call from her regional or state boss.<br />
Barb has been amazed by how the<br />
<strong>Police</strong> Service bands together when<br />
one of its members is in need. I felt<br />
this letter needed to be written as so<br />
often only the bad things in our job<br />
get written about. I feel that I have<br />
been subjected to the real “<strong>Police</strong><br />
Culture”.<br />
I await calls from the media as they<br />
like to report about “<strong>Police</strong> Culture”.<br />
Enclosed is a sign I now have on the<br />
wall of my <strong>Police</strong> Station.<br />
FEB.<br />
WHAT CANCER CANNOT DO<br />
IT CANNOT CRIPPLE LOVE<br />
IT CANNOT SHATTER HOPE<br />
IT CANNOT CORRODE FAITH<br />
IT CANNOT DESTROY PEACE<br />
IT CANNOT KILL FRIENDSHIP<br />
IT CANNOT SUPPRESS MEMORIES<br />
IT CANNOT SILENCE COURAGE<br />
IT CANNOT INVADE THE SOUL<br />
IT CANNOT STEAL ETERNAL LIFE<br />
IT CANNOT CONQUER THE SPIRIT<br />
CANCER IS SO LIMITED<br />
Fred BAGULEY<br />
S/Const. 4927<br />
Mirani <strong>Police</strong> Station.
THE QUEENSLAND RETIRED POLICE<br />
ASSOCIATION NEWS – MARCH 2010<br />
By Greg Early, State Secretary, Ph 3863 1180<br />
Email early.gregory@gmail.com<br />
MESSAGE FROM<br />
THE Q.R.P.A. STATE PRESIDENT M J (MICK) O’BRIEN<br />
QRPA<br />
It is time to contact and congratulate Branch President<br />
Max Moloney and his Secretary Darryl Murtha on the<br />
culmination of their hard work on the 11 February when<br />
SMC Members Vice President Bob Pease, State Secretary<br />
Greg Early and member Ned Darcy joined me at the<br />
Beenleigh PCYC to officially launch the <strong>new</strong> Logan/<br />
Beenleigh Branch of the Association - number 16 in the<br />
Association.<br />
Once their inaugural membership is finalised, a framed<br />
certificate naming all the original members and other<br />
historical details will be presented to the Branch. A<br />
number of the <strong>new</strong> members indicated their pleasure<br />
at forming the <strong>new</strong> Branch as they could not get to a<br />
meeting anywhere else without transport problems, and<br />
this <strong>new</strong> Branch will enable them to once again join with<br />
their old colleagues and meet <strong>new</strong> ones in the spirit of<br />
the Association.<br />
One <strong>new</strong> member, Phil Clohesy, and his wife made the<br />
trip to the Redlands Branch 2nd Annual Luncheon and<br />
joined the 126 happy people present.<br />
It was pleasing once again to see that our members<br />
travelled from the Darling Downs, Near North Coast,<br />
the Gold Coast and other Branch areas to join with the<br />
Redlands Branch in this function where the hospitality,<br />
prizes and food were of the highest quality. Many of<br />
our Branches have struck up a great friendship with their<br />
local RSL, other Club or hotel, to obtain a special deal for<br />
their luncheons which of course brings in a large number<br />
of patrons for the day who will more often than not spend<br />
a few bob in the establishment before the trip home.<br />
It is timely to remind ourselves that we should all make<br />
some effort to partronise these luncheons and the dinner<br />
at Rockhampton especially now as the <strong>Queensland</strong><br />
<strong>Police</strong> Credit <strong>Union</strong> has increased by $100 the subsidy to<br />
assist the Branches to keep the costs of their luncheons<br />
down. At this stage Van Diemen’s Land and Far North<br />
<strong>Queensland</strong> Branches have not been increased past<br />
the normal $400. QPCU also provides $200 in vouchers<br />
as well as promotional items. We have agreed that for<br />
this arrangement to continue all Branches must have an<br />
account with QPCU to enable the transfer of these funds.<br />
The account is free of charge and until the Branches<br />
without accounts in place comply, the subsidy will be<br />
withheld as an account at QPCU would not necessarily<br />
hinder any long time relationship a Branch has with a<br />
local bank where they can continue to transact their<br />
Branch business.<br />
On behalf of the Association I pass on our most sincere<br />
congratulations to our Patron Bob Atkinson who has been<br />
appointed for a further three years as the Commissioner<br />
of the QPS. Well done, Bob.<br />
Best wishes and God’s blessings to all.<br />
M.J. (Mick) O’Brien, State President QRPA Inc.<br />
-----------------------------------------------------------------<br />
FUTURE LUNCHEONS: Hervey Bay at RSL Club on Tuesday<br />
15 June 2010, Van Diemen’s Land – AGM and dinner<br />
19 June 2010 at the Great Lake Hotel, Myna, Tasmania,<br />
Gold Coast at Twin Towns Services Club 20 July 2010,<br />
Gympie at Gympie Golf Club on 25 August 2010 and<br />
Bundaberg at the RSL Club on 1 December 2010.<br />
FUTURE MEETINGS IN BRISBANE: These now commence at<br />
12.30 pm in the ground floor conference room at <strong>Police</strong><br />
Headquarters: 12 April (not 5 April) – Det Inspector Gary<br />
Watts, Task Force Hydra – outlaw motor cycle gangs<br />
and 12.30 pm on 10 May (not 3 May) at the <strong>Police</strong><br />
<strong>Union</strong> premises for refreshments and a presentation on<br />
industrial relations.<br />
QRPA-POLICE LEGACY ANNUAL BOWLS DAY: This was<br />
going to be on 12 March 2010 but for a few reasons<br />
has been shifted to 11 June 2010 at the Wavell Heights<br />
Bowls Club.<br />
BUNDABERG QRPA-POLICE LEGACY BOWLS DAY: Barbara<br />
Bowls Club on 10 May 2010.<br />
NEW MEMBERS: Former Sergeant 2nd Class Walter Ernest<br />
Fraser, former Inspector John White and former Sergeant<br />
Lance Patrick David Castle (all Brisbane).<br />
NEW ASSOCIATE MEMBERS: Violet Faulkner, spouse<br />
of member Max Faulkner (Logan/Beenleigh), Herald<br />
Steinkamp, spouse of member Jillian Steinkamp,<br />
(Brisbane), Maxine Mary Hansen, partner of member<br />
Graham Pike, Jessica Margaret Frater, spouse of<br />
member John Frater, Beverley Eva Jorgensen, widow of
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 QRPA • 41<br />
Arnold Jorgensen and Maren Phyllis Sologinkin, spouse<br />
of member Doug Sologinkin (all Mackay/Whitsunday).<br />
RECENT OBITUARIES – May They Rest in Peace.<br />
Life Member: Former Detective Sergeant 2nd Class<br />
Edward Gilmore Dale, 5 February 2010; former Sergeant<br />
1st Class Colin Watt Lindenmayer, 14 February 2010; and<br />
former Senior Sergeant Sydney Joseph Griffiths, service 22<br />
February 2010. Member: Former Senior Sergeant James<br />
Clement Adams, 4 January 2010. Non Members: Former<br />
Detective Sergeant Gordon Ross Cooke, 8 February 2010<br />
and former Inspector Leyland Howard Jones, service 25<br />
February 2010. Family: Muriel Jean Nolan, wife of Thomas<br />
Nolan, service 16 February 2010. Serving Officer: Senior<br />
Constable Robin Earl McDonald, Brisbane Watchhouse,<br />
30 January 2010.<br />
SENIOR CERTIFICATE: (These are issued to members who<br />
are over 65 years of age and have ten years of financial<br />
continuous membership): Margaret Ann Kussrow, Mackay/<br />
Whitsunday.<br />
OVER 90: Michael Cavanagh, 96 on 3 March 2010, and<br />
Gordon Walter Shaw, 91 on 3 March 2010.<br />
WELFARE REPORTS SINCE THE BRISBANE MEETING 1<br />
FEBRUARY 2010: Bruce Whiting, who joined recently, had<br />
a heart attack, was flown from Armidale to Newcastle on<br />
3 February 2010 for further treatment, and is now doing<br />
well at home. Graham Dank’s health is not good and he<br />
is said to be contemplating a pacemaker/fibulator. Brian<br />
Murphy has had a couple of falls and may have to move<br />
into a nursing home. Ron Suhr has been hospitalised in<br />
Ipswich and PA Hospitals after bad chest pains. After<br />
treatment at the latter hospital it is anticipated he will<br />
go back to Ipswich Hospital. Jack Jesson has suffered<br />
a stroke and has been hospitalized on the Sunshine<br />
Coast.<br />
JOINING THE ASSOCIATION: Unfortunately there are still<br />
some former police officers of the belief that, because<br />
they did not retire from the <strong>Queensland</strong> <strong>Police</strong> Service<br />
or any other recognised <strong>Police</strong> Service, they cannot join<br />
the QRPA. That is untrue. The only criteria are that he/she<br />
must have left with honour and have continued to be of<br />
good character and repute since leaving.<br />
AROUND THE BRANCHES<br />
IPSWICH: Their 10 February 2010 meeting was held at<br />
Brothers Leagues Club. Their guest speaker was Detective<br />
Sergeant Tom Armit, Acting Officer in Charge of the Ipswich<br />
Criminal Investigation Branch, who gave an excellent<br />
presentation on a recent murder investigation in the<br />
Leichhardt area of Ipswich. The meeting was informed<br />
that Arthur Zillmann has returned home from hospital<br />
and is now using a walker to get around. Bill Wallace<br />
is recovering from eye surgery. Jim Lewis is currently<br />
receiving treatment for skin cancers and Arthur Edwards<br />
is recovering from a foot injury. President Ken Morris<br />
is to undergo knee surgery. Bob Latter is undertaking<br />
the duties of Welfare Officer while Arthur Zillmann is on<br />
the mend. Discussion ensued about a ladies luncheon<br />
and about a re<strong>new</strong>ed approach to be made to eligible<br />
former officers in the area to join the Association. John<br />
Behm spoke of being snowed in for five weeks in London<br />
over Christmas.<br />
ROCKHAMPTON: As usual they met on 3 February 2010<br />
at the Cambridge Hotel. A visitor was Pastor Horst Sauer,<br />
Regional Co-ordinator and <strong>Police</strong> Chaplain. The next<br />
BBQ will be held on 21 March at the Rotary Park, The<br />
Bluff, in Yeppoon. Pastor Sauer advised that he may<br />
hold his Sunday service on the beach, invited Branch<br />
members to attend and indicated that he would later<br />
attend the BBQ. Pastor Sauer spoke of endeavours to<br />
have a full-time <strong>Police</strong> Chaplain to service the Central<br />
<strong>Police</strong> Region. (This is the case in most police regions<br />
now). He also wished to be advised of the hospitalisation<br />
of any member/associate either locally or elsewhere so<br />
that he may visit them or arrange for someone to visit<br />
them. Norm and Caroline Tomlin had a hot Christmas<br />
in Perth, crossed the Nullabor and after a short break in<br />
Adelaide will move to Stansbury to meet up with friends<br />
for some fishing and crabbing. Ian and Bev Hall are still<br />
recovering from their traffic accident. Andrea Benson is<br />
recovering from a skin graft on her shin. Pat Lawton has<br />
had a biopsy in Brisbane and is awaiting results thereof.<br />
Jim Oberle has been admitted to the Palliative Care Unit<br />
at the Mater Hospital and is not travelling too well. Cavill<br />
Heywood is to have a scan in Brisbane but has to have<br />
a gall stone <strong>operation</strong> in Rockhampton before making<br />
the trip south. Noel Boardman is to have treatment for a<br />
small lump on the side of his face.<br />
FAR NORTH QUEENSLAND (CAIRNS): We had a lunch only<br />
meeting at Brothers Leagues Club on 26 February 2010.<br />
Maureen Bickhoff and Coleen Williamson could not<br />
attend due to heavy rain at the time. Noel Holding and<br />
Ron Pocock have had short stays in hospital and were<br />
not feeling the best. Next quarterly meeting and lunch<br />
will be held at the same Club on 20 April. Member Jock<br />
Macdonald has advised that Community Supporting<br />
<strong>Police</strong> will soon be taking over the former Einasleigh<br />
police station/residence. He is looking for volunteers<br />
to help paint the outside of the building. Hopefully a<br />
start will be made on 7 April. It has been suggested that<br />
eligible volunteers could have some R and R, do a bit of<br />
painting/fishing/drinking and assist a good cause. Jock<br />
is on 40551198/enidmac@bigpond.com. Also Inspector<br />
Rolph Straatameir, Mareeba District Officer, knows all<br />
about the takeover of the building and the painting<br />
thereof. (Don Condie).
42 • QRPA<br />
SUNSHINE COAST: At their January meeting held at the<br />
Headland Golf Club the Branch accepted from John Fox<br />
a copy of the large police badge normally found outside<br />
police stations of yesteryear. Tom Strain was presented<br />
with his Veteran Member Certificate. Tom stated that he<br />
was happy to still be around in spite of forecasts of his<br />
demise by a previous member of the hierarchy who is<br />
now deceased. Ron and Pat Smith recently celebrated<br />
their 40th wedding anniversary. Unfortunately Ron’s<br />
health problems are continuing. Secretary Merv<br />
Bainbridge and wife Barbara recently went on a cruise<br />
to Tasmania, Melbourne and Sydney. Greg Rainbow,<br />
who was recognised by the Association recently for his<br />
efforts in assisting police widows and elderly members,<br />
has indicated that he is willing to assist members who are<br />
having difficulties due to age, illness or infirmity. A great<br />
gesture by Greg.<br />
GYMPIE: Our first meeting for the year was on 3 February<br />
at the Cooroy RSL Club. As there are a substantial number<br />
of our members living around the Cooroy region we<br />
alternate meetings between Gympie and Cooroy so the<br />
same members are not travelling inordinate distances<br />
for every meeting. It was a very sociable meeting and<br />
great to catch up as most members have not had a<br />
chance to meet since the Christmas luncheon. A few<br />
were unable to make it due to minor local flooding but<br />
all in all everyone is doing fine and looking relatively<br />
well after the festive season. We all look forward to a full<br />
and exciting year. (Norm Breen).<br />
GOLD COAST: Our February meeting was held at the<br />
Currumbin RSL Club. Pat Glancy was presented with his<br />
Senior Member Certificate. Discussion ensued about a<br />
change of date for their annual luncheon; also about<br />
the possibility of having a buffet rather than a set menu.<br />
Neil Raward gave us a run-down on the contents of the<br />
book written by Dominic Cacciola. Unfortunately Larry<br />
McNab is gravely ill. Arthur Jones has been in Hospital<br />
for more panel beating to the face and body with more<br />
to come early this month. As usual, he has bounced<br />
back but his jokes haven’t improved. Two of our stalwarts<br />
are having orthopaedic surgery during March. Treasurer<br />
Neil is having a knee <strong>operation</strong> at the Allamanda<br />
Hospital whilst Alan Barnes is having a hip replacement<br />
across the road at the Gold Coast Hospital. Imagine the<br />
trouble the nurses would encounter if they had that pair<br />
in the same ward, although their injuries may slow them<br />
down a bit. We wish them both a speedy recovery. Our<br />
Barbecue for this month which is on Thursday 25 March<br />
will be hosted by Jan and Denis Chalker at Mt Nathan.<br />
(Des Sorensen).<br />
DARLING DOWNS: We had a very full first meeting for 2010<br />
as we needed to discuss the offer from the Toowoomba<br />
Regional Council for the erection of a memorial wall which<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
will include an area for the <strong>Queensland</strong> Ambulance<br />
Officers as well as ourselves. The local Fire Service did<br />
not wish to take part in the wall. Our discussion was<br />
very spirited. However the members decided to accept<br />
the offer as we will control our section of the wall. It will<br />
be at the Toowoomba and Drayton Cemetery entrance<br />
and will no doubt be a very solemn site. We will make<br />
contact with as many widows and family members as<br />
we can and invite them to participate in the project. The<br />
name plaques will cost $125.00 each. We gave Geoff<br />
Little a great send off with a piper from Brisbane playing<br />
“Abide with Me” and some other melodies. We will miss<br />
Geoff but our Branch will assist Joyce as much as we can.<br />
We congratulate Father Malcolm Twine our Chaplain for<br />
a great service and the attendance of many serving<br />
officers including Assistant Commissioner Ann Lewis and<br />
the Acting A/C Tony Wright. Fay Hohenhaus has had a<br />
few days in Hospital recently but seems to be OK at this<br />
time. Bob Scarff’s spell in Greenslopes Hospital is over<br />
and he is back with us. We lost another member with the<br />
tragic death of life member Col Lindenmayer in a traffic<br />
accident recently. We gave him a great send off on 25<br />
February in Stanthorpe. (Graham Hohenhaus).<br />
NEAR NORTH COAST: Near North Coast last met at<br />
Suttons Beach Redcliffe in a combined meeting-<br />
BBQ with thirty three members and friends present on<br />
a fine but very windy day. The meeting decided that<br />
our Annual Luncheon for 2010 will again be held at the<br />
Cabooltlure Golf Club during November. A final date is<br />
yet to be set. Bob Coops turned 80 years of age on the<br />
15 February 2010 and Ron Francis turned 88 on the 11<br />
February 2010. Ron Francis visited Bob Coops in the<br />
Albany Gardens Nursing Home and said that Bob was<br />
in general good health but his mobility problems would<br />
prevent him from being able to return home. Syd Herbert<br />
is suffering from vertigo which he said he has had for<br />
many years. Both Albert Maier (92) and Roy Schultz (90)<br />
were at the meeting and looking in good health. John<br />
(Jack) Gibbison thanked all who visited him phoned etc<br />
during his recent spell in the Caboolture Private Hospital.<br />
Gus Young is not feeling well and could not attend the<br />
meeting. He is still suffering from shortage of breath<br />
(heart problem). Jim Robilliard has advised that he spent<br />
12 days in hospital back in January with the worst flu he<br />
has ever had. The doctor said his immune system is very<br />
low. His wife Margaret also had the flu. I attended the<br />
funeral of Edmund Geoffrey Little in Toowoomba on 28<br />
January 2010. Our Branch was represented at the funeral<br />
of Life Member and former Senior Sergeant Sydney<br />
Joseph Griffiths. He was the brother of our Life Member<br />
Evan Griffiths and the late John Griffiths. Twelve of us<br />
attended the Redlands Branch luncheon. (Col Guy).<br />
BUNDABERG: Our Welfare Officer Ron Rooke (Rookie) is<br />
back home and going okay. Ron was able to make the
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10 QRPA • 43<br />
last meeting thanks to his good mate Elwyn Jones who is<br />
back in Bundaberg and going well now. Our President<br />
Bob Hayes is going OK. He has been back to Brisbane<br />
for further tests. Bob has got a few months to decide<br />
what treatment he will adopt for his medical problem.<br />
Ken Strohfeldt has also had follow up medical advice re<br />
his medical condition. Col Kellermeier is still much the<br />
same and having trouble with balance. He is not able<br />
to make the meetings. Gordon Storer has not been too<br />
well of late. Fred Collins has been host to an old mate<br />
and former <strong>Police</strong> Officer and Fire Officer Bob Faulkner.<br />
Bob has been down in the Bundaberg area before<br />
returning to his home base at Mackay. Fred makes<br />
sure Bob “quality tests” his Chives Regal Scotch. The<br />
annual <strong>Police</strong> Legacy charity bowls day has been well<br />
and truly locked in for 10 May at Bargara Bowls Club.<br />
TOWNSVILLE: Our first meeting for 2010 was well<br />
attended with 27 members present. The President,<br />
Brian Bensley, presented Life Membership plaques to<br />
Lyal Kassulke and Rose and Stan Goffin. At the meeting<br />
it was decided that the Branch would donate $500.00<br />
to the <strong>Queensland</strong> <strong>Police</strong> Legacy Scheme, our yearly<br />
trip to Ingham would be on our 2 June meeting date<br />
and to support the Mackay/Whitsunday Branch as soon<br />
as a date is set so that members of this Branch can<br />
travel to Bowen to attend a combined meeting there.<br />
Congratulations were given to Brian and Carol Bensley<br />
who were the winners of the Townsville Bulletin’s “12 days<br />
of Christmas” competition. They have won two nights in<br />
a suite on Hayman Island. They said that they could not<br />
remember when they had their last holiday and that<br />
they had been on Hayman Island about 30 years ago<br />
Congratulations were also given to Bob and Joan<br />
Maynard who just celebrated their 55th wedding<br />
anniversary. Next month we will be entertained by<br />
our member Gordon Thomas, who will be making a<br />
presentation (with the aid of Wendy) on their recent trip<br />
to Canada. As soon as the Granddaughter of John &<br />
Jenny Urquhart shows him how to make a “powerpoint”<br />
presentation they will give a talk on their trip to the USA.<br />
(John Urquhart).<br />
HERVEY BAY: Even though the January meeting was the<br />
first for the year we still had a good roll up of members<br />
with an interesting talk from Maureen England of<br />
Hervey Bay Centrelink office. We were also joined<br />
by Father Paul Kelly, the Maryborough District <strong>Police</strong><br />
Chaplain. Our February BBQ was washed out due to<br />
heavy rain in the morning and it was coincidental that<br />
our February 2009 BBQ in the same beachfront park<br />
was also effected by rain. We may have to look at<br />
other alternatives for February next year. Vera King has<br />
returned from her hospital stint in Brisbane while another<br />
widow Jackie Hansen has had a fall at her retirement<br />
village in Brisbane and broken her wrist. The Bradshaws<br />
have returned from their long trek to Scarness Caravan<br />
Park in Hervey Bay. Bevan said that it was interesting to<br />
note the number of Hervey Bay people who travel up<br />
to five km to have a holiday in their caravans at the<br />
Scarness Caravan Park. The Floods have been a little<br />
more adventurous and travelled to Thailand in February<br />
and to the British Isles in March while the Gronows are<br />
travelling to New Zealand in March. The Trosts have<br />
organised a trip to Canada and Alaska in May. Please<br />
remember our annual luncheon on Tuesday 15 June.<br />
(Grahame Gronow).<br />
REDLANDS: Sadly for the Redlands Branch the 6th of<br />
February saw the passing as a result of a heart attack<br />
of our Veteran Life Member Edward “Ted” Gilmore DALE,<br />
at the ripe old age of 87 Years. Ted had applied for<br />
the QPS Medal and the Commissioner allowed it to be<br />
presented posthumously to his widow, Daphne, just prior<br />
to his funeral on 11 February 2010. There was no February<br />
meeting which was replaced by the second annual<br />
luncheon on 23 February at the Redlands Sporting<br />
Club. Special guests were Assistant Commissioner<br />
Ann Lewis and Senior <strong>Police</strong> Chaplain Colin Munns,<br />
Metropolitan South Region, Superintendent Tony Rand,<br />
District Officer, Wynnum District, and State President of<br />
QRPA and Chairman of QPCU, Mick O’Brien. There were<br />
representatives from Darling Downs, Near North Coast,<br />
Gold Coast, New South Wales RPA, <strong>Police</strong> Widows,<br />
<strong>Queensland</strong> <strong>Police</strong> Credit <strong>Union</strong>, <strong>Queensland</strong> <strong>Police</strong><br />
<strong>Union</strong> of Employees and <strong>Queensland</strong> <strong>Police</strong> Legacy<br />
Scheme. One hundred and twenty eight persons<br />
attended and we had fifty eight raffle draws. Major<br />
sponsors were the <strong>Queensland</strong> <strong>Police</strong> Credit <strong>Union</strong> and<br />
Hervey World Travel. Many local businesses and our own<br />
members donated prizes. The Redlands Sporting Club,<br />
which is the venue for our monthly meetings, provided<br />
an excellent luncheon which was supplemented by a<br />
top effort by the organizing committee lead by President<br />
Terry Walker and ably assisted on the day by our MC<br />
and Treasurer Adrian Hall. We are confident that all who<br />
attended enjoyed themselves and we hope to see them<br />
all again next year. (Allan Nicol)<br />
GLADSTONE: We met on 2 February with 17 members<br />
and one visitor present. Our first A.G.M. was held prior<br />
to our monthly meeting with all branch officials being<br />
re-elected. The Executive for 2010 is President Mal<br />
Nichols, Senior Vice President John Caterson, Junior<br />
Vice Presidents Darryl Saw and Neil Coleborn, Secretary<br />
Sharon Noy, Treasurer Gordon Jones with Paul Ruge<br />
again taking on welfare and assisting Sharon with<br />
secretarial duties as needed. I presented my annual<br />
report and highlighted the achievements of Gladstone<br />
Branch in its first 12 months. I am pleased with the steady<br />
increase in membership and make particular mention<br />
of the excellent rapport maintained with police officers
44 • QRPA<br />
at Gladstone including the District Officer, Inspector<br />
Graham Coleman. We decided to again hold our<br />
annual luncheon at the Dragon Gardens Restaurant<br />
in July (date to be decided). A tentative booking has<br />
been made at the Calliope Central Bowls Club for<br />
the December 2010 meeting and Christmas function.<br />
Barefoot bowls, which proved so popular last year, will<br />
again be played with a few old scores left to settle.<br />
Member Warren Dinte is making representations with<br />
the Gladstone Area Water Board for a tour within the<br />
wall of Awonga Dam hopefully to occur when our May<br />
meeting will be held at the old Kalinda Restaurant<br />
at Awonga Dam. Member Arnold Mossman is in<br />
good spirits having in mind his oral chemo has been<br />
increased. Derek Nichols has undergone a further<br />
bone marrow biopsy, the results of which were good.<br />
(Mal Nichols).<br />
MACKAY/WHITSUNDAY: We are enjoying good<br />
attendances at our meetings with particular enthusiasm<br />
being shown by a number of associate members. We<br />
have a trip to Bowen coming up in April to give our<br />
northern members a chance to attend a meeting, on<br />
which occasion we also expect to see some of the<br />
Townsville members joining us. Our incumbent social<br />
director Mark Trevitt has had to relinquish his position<br />
due to his relocation back to NSW – a venture we wish<br />
him all the best with. The social activities of our branch<br />
are now in the capable hands of Dennis Hansen. Mary<br />
Hansen and Michelle Sheehan have volunteered to<br />
form a subcommittee which we are calling the Archive<br />
Committee. Their duties will involve the care and<br />
management of police memorabilia coming into our<br />
possession with particular focus on old photographs or<br />
documents pertaining to policing in our district. Our<br />
branch warmly encourages visiting members at our<br />
meetings. (John Frater).<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Mar 10<br />
Secretary – Darryl Murtha; Treasurer – John Enright<br />
and Welfare Officer – Bob Sawford. There were a total<br />
of 39 commitments made to the <strong>new</strong> branch from a<br />
combination of <strong>new</strong> members, <strong>new</strong> associate members,<br />
existing members and existing associate members with<br />
several further indicating their intention of becoming<br />
members. New President Max indicated that there was<br />
a lot of work still to be done and that the Branch was<br />
really keen to foster fellowship and ensure a healthy<br />
membership of associates with functions permitting<br />
a variety of fellowship activities. The Branch received<br />
the caps and flags as per protocol and we certainly<br />
wish to thank all that have supported and assisted the<br />
establishment of Branch 16. Special mention needs<br />
to be made of the State Management Committee,<br />
Superintendent Alistair Dawson and Senior Sergeant<br />
Mike Pearson of Logan who have been outstanding in<br />
their support and encouragement. There were several<br />
nervous moments during the meeting such as when the<br />
<strong>new</strong> Treasurer asked State President Mick O’Brien when<br />
we could expect the first audit of the books and then<br />
later when the meeting found out that Don McDonald<br />
and Jack Vaudin had been swapping hearing aids<br />
during the meeting. (Darryl Murtha).<br />
All the best to you and your family.<br />
Regards,<br />
Greg Early, State Secretary, QRPAI<br />
VAN DIEMEN’S LAND (TASMANIA): The Van Diemen’s<br />
Land Branch had a great meeting at Ross in early<br />
February. Eighteen members gathered for a meeting<br />
and barbeque at the Ross Post Office, the <strong>new</strong> home<br />
of Steve and Val Kummerow. Must have been a good<br />
day, we were there for about four hours. It is ‘Grey<br />
Nomad’ season in Tasmania with all the caravans and<br />
campervans about. Don’t forget if you are travelling<br />
down this way get in touch. The sun is still shining but<br />
the first day of autumn is just around the corner? All the<br />
best from the ‘apple isle’. (Andy Beasant).<br />
LOGAN/BEENLEIGH: On 11 February 2010, several days<br />
after receiving permission from the State Management<br />
Committee to form the 16th Branch of the Association,<br />
we met at the Beenleigh PCYC and the rest is history.<br />
An election resulted in the executive being: President<br />
– Max Moloney; Vice President – Terry Ahearn;