also inside - Queensland Police Union
also inside - Queensland Police Union
also inside - Queensland Police Union
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
JOURNAL<br />
POLICEFebruary OFFICIAL PUBLICATION OF THE QUEENSLAND POLICE UNION<br />
2010<br />
WEB 2.0<br />
ALSO INSIDE<br />
• Regional Roundups • Correspondence • Feature Articles
CONTENTS<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 />
Admin. Finance<br />
Legal<br />
Solicitor<br />
Legal<br />
Barrister (Retained)<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 />
Membership Services<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 />
Robyn CURRELL<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 />
B. Feldman<br />
D. Fitzpatrick<br />
WEB 2.0<br />
COVER STORy<br />
PAGE 23<br />
WEB 2.0<br />
“This is a great step forward in communicating<br />
with the membership and providing them with a<br />
user friendly resource that will provide a wealth<br />
of information,’’ said QPUE president Ian Leavers<br />
in welcoming the new technology.<br />
REgIonaL RoUndUPs<br />
2 General President‘s Message<br />
3 General Secretary’s Message<br />
4 Assistant General Secretary’s Message<br />
5 Metro South Region<br />
6 Central Region<br />
8 Far North Region<br />
9 South East Region<br />
10 Metro North Region<br />
11 Southern Region<br />
FEaTUREs<br />
15 New Editor<br />
17 EBA6 - Update<br />
18 Behind The Spin<br />
20 It’s Official<br />
26 Taser Q & A<br />
30 Community Supporting <strong>Police</strong> and Helping<br />
32 The Best of the Best – Your AO<br />
33 No Downside<br />
34 Psychological Injuries and Reasonable Management Action<br />
36 Tips and Traps<br />
37 Beyond Reasonable Doubt<br />
REgULaRs<br />
38 Correspondence<br />
42 <strong>Police</strong> Health<br />
44 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 <strong>also</strong> 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 />
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 />
Finance<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 />
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 15th day of the month prior to publication.<br />
wEBSITE: www.qpu.asn.au<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 • 1
2 • General President’s Message<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
and a more realistic licensing regime put in place that is<br />
focused on decreasing violence.<br />
IAN LEAVERS<br />
Obviously, I can’t say much about Operation Tesco<br />
on the Gold Coast. What I can say is that I have<br />
faith in our members and know that even if some<br />
have let us down, the vast majority are honest,<br />
hardworking and decent.<br />
Working on the Gold Coast is a tough environment and<br />
very few police are prepared to volunteer to work at<br />
Surfers Paradise.<br />
“ Only time will tell how the<br />
investigation will end, but rest<br />
assured that the union is providing<br />
legal support to members where<br />
appropriate under our rules ”<br />
Apart from anything else the non-stop night work and<br />
constant confrontations with drunk and drugged-up<br />
idiots takes a big toll on our officers there. I reckon they<br />
do a great job dealing with that kind thing seven nights<br />
a week.<br />
Only time will tell how the investigation will end, but<br />
rest assured that the union is providing legal support to<br />
members where appropriate under our rules.<br />
New staff<br />
As members will see on page 15 Paula Doneman has<br />
joined our small, but dedicated staff as part-time journal<br />
editor.<br />
Also our industrial section has been bolstered by the<br />
addition of Chris Stephens. With Enterprise Bargaining<br />
this year, it was vital that we enhanced our existing team<br />
of Stephen Mahoney and Geoff Simpson.<br />
“ Hopefully, we will see an end to<br />
5am closings and a more realistic<br />
licensing regime put in place that<br />
is focused decreasing violence ”<br />
OperatiON wHats Next?<br />
Don’t get me wrong, I along with many police were<br />
grateful for the additional money for overtime available<br />
to police in nightclub hotspots over the last couple of<br />
months.<br />
“ i do, however, question why we<br />
have to have a special operation<br />
just to get adequate staffing on<br />
the street ”<br />
I do, however, question why we have to have a special<br />
operation just to get adequate staffing on the street.<br />
Why can’t the government resource the police service<br />
so that safe staffing numbers can be maintained all the<br />
time. I look forward to the announcement of “operation<br />
permanent adequate staffing.”<br />
“ Our executive was addressed by<br />
the representatives of the police<br />
women’s network in a valuable<br />
session in december ”<br />
pOlice wOmeN’s NetwOrk<br />
Our executive was addressed by the representatives<br />
of the police women’s network in a valuable session in<br />
December.<br />
Kim Jackson and Lynn Roswell gave us an insight into<br />
their goals and aspirations.<br />
I am keen to continue our strong relationship with<br />
the <strong>Police</strong> Women’s Network to further address their<br />
concerns about issues that directly impact on our female<br />
colleagues.<br />
In doing so, I am confident we will work towards positive<br />
outcomes. I will continue to support the QPUE sending<br />
representatives to conferences with our National body,<br />
the <strong>Police</strong> Federation of Australia, so we can be aware of<br />
national issues that may affect women in policing.<br />
ian leaVers<br />
General President<br />
0419 786 381<br />
tradiNg HOurs fOr pubs aNd clubs<br />
The parliamentary committee looking into alcoholfuelled<br />
violence across the state is due to report in<br />
March. Hopefully, we will see an end to 5am closings
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 General Secretary’s Message • 3<br />
MICK BARNES<br />
Welcome to Paula Doneman who has commenced<br />
with the <strong>Union</strong>. Paula has brought with her a<br />
wealth of experience and new ideas for the journal.<br />
Most members will already know Paula from her<br />
time as a reporter and crime editor with the Courier<br />
Mail and Sunday Mail. I commend Paula to<br />
members who may have ideas on the format of the<br />
journal or indeed articles worthy or running. Paula<br />
is contactable through our office on<br />
3259-1900.<br />
Chris Stephens <strong>also</strong> started with us in February in his<br />
role as an Industrial Officer as we gear up for EB6. I am<br />
confident that our industrial team will negotiate the best<br />
possible outcome on behalf of all members.<br />
uNless autHOrised, Justified Or excused<br />
by law<br />
A day doesn’t go by where most officers involved in the<br />
protection of our communities have to resort to options<br />
within the Use of Force Model and assault individuals.<br />
Of course this action is by definition of the term, assault<br />
in itself. The difference between the actions of officers<br />
and those who we put before the court is whether the<br />
assault is authorised, justified or excused by law. If the<br />
use of force options are considered not to fall within<br />
those three criteria, varying bodies, including the ESC<br />
and CMC, investigate and take the appropriate action.<br />
“ despite the officer concerned<br />
acting in the execution of their<br />
duty, the Qps have wiped the<br />
officer like a dirty rag ”<br />
From time to time matters are taken upon appeal by<br />
parties not happy with the outcome in a lower court. In<br />
this situation, if allegations of impropriety arise, the ESC<br />
and CMC can launch a full investigation or overview and<br />
approve the investigation and the outcome.<br />
The latest saga to unfold for members accused of<br />
assault is from members of the public launching private<br />
prosecutions for unlawful assault under the Criminal<br />
Code. Recently a defendant, who after successfully<br />
appealing against conviction in the Supreme Court,<br />
then commenced a private prosecution against a<br />
police officer involved in his case. Whilst this matter is<br />
subjudice, I am limited somewhat as to what can be said.<br />
What is extremely disappointing though is the manner<br />
in which the QPS has handled this matter. Despite the<br />
officer concerned acting in the execution of their duty,<br />
the QPS have wiped the officer like a dirty rag. This<br />
<strong>Union</strong> now has taken up the defence of this officer,<br />
after the officer was left alone standing before the<br />
court without representation. This was despite previous<br />
assurances from the QPS it would appear and act on<br />
behalf of the officer.<br />
The message is clear do not reply upon your employer,<br />
the QPS, when you’ve done nothing but your duty.<br />
Remember that this is a private prosecution and not one<br />
commenced by any of the overviewing authorities.<br />
sHift superVisOrs<br />
In many of our major stations Shift Supervisors<br />
(ordinarily Sergeants) are left to not only supervise the<br />
less experienced officers but <strong>also</strong> care for persons in<br />
custody, juggle telephones, man the radio and do front<br />
counter inquiries.<br />
The safety and indeed lives of those in custody<br />
are being placed at risk because of overstretched<br />
resources. This growing problem has been identified<br />
repeatedly in risk exception reports. This workload<br />
brings pressures and burdens that adversely impact<br />
on the health of our members tasked with increasing<br />
responsibilities.<br />
One north <strong>Queensland</strong> station has seen several shift<br />
supervisors go on sick leave as a result of varying<br />
medical conditions including high blood pressure and<br />
anxiety. This in turn has left the station short on staff<br />
and experienced senior officers.<br />
The matter has been referred to our WH&S officer for<br />
investigation, and if necessary, will be referred to the<br />
Division of Workplace Health & Safety. On one hand<br />
the QPS are emphasising more supervision however<br />
do not provide appropriate resources. Shift supervisors<br />
are left with antiquated communication systems which<br />
still require them to maintain a watch on the radio and<br />
incoming 000 calls.<br />
Something has to give and understandably the first<br />
cracks that are appearing is in the health of our<br />
members. I suppose this is the more acceptable<br />
outcome for some managers rather than providing the<br />
appropriate level of staffing or resourcing in the first<br />
place. I doubt these faceless decision makers will be<br />
fronting the State Coroner to explain themselves when<br />
there is a death in custody at a station or watchhouse.<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 Feb 10<br />
critical part of the process, i.e. the actual testing and<br />
selection of the weapons, because it may be perceived<br />
to be a conflict of interest.<br />
DENIS SyCZ<br />
The review of the TASER implementation is well<br />
underway with the input of this <strong>Union</strong>, the QPS<br />
and the CMC which has been very vocal in their<br />
advice to all who would listen. It appears the<br />
implementation is heading to some sort of finish<br />
within the next 6 months - one would hope.<br />
At a meeting of the Taser Review Committee recently<br />
with all stakeholders, the QPS announced that they<br />
would be trialling the new weapons from a couple of<br />
different suppliers to ascertain which would best suit the<br />
future operational needs of <strong>Queensland</strong> police. By the<br />
time this article appears in print these trials should be<br />
well under way.<br />
An invitation was put out to all interested members of<br />
the committee who wished to attend so that the process<br />
would appear to be open and accountable and give<br />
member insight into the different types of weapons<br />
available. However the CMC, who by virtue of their<br />
position <strong>also</strong> attend committee meetings, have declined<br />
to attend these trials and by doing so, do not appear to<br />
be involved in the selection processes for the weapon.<br />
I have a problem with this because when there is<br />
incident involving police use of a Taser, the CMC will<br />
take the moral high ground and sit back and make<br />
grandiose statements about the choice of any weapon<br />
being against their better judgment and against their<br />
recommendations. It will be history repeating itself as<br />
has happened with the current issues with TASERs that<br />
triggered this review.<br />
I think it’s about time CMC became properly immersed<br />
in the entire process so as to ensure that there can be<br />
no criticism of the review or the outcomes of what the<br />
hard working committee members are trying to achieve<br />
- supplying another very useful use of force option to<br />
<strong>Police</strong> in a tough and often hostile working environment.<br />
Further to the issue of the TASER Review see page 26<br />
for the frequently asked questions and answers into the<br />
TASER Review process.<br />
denis sycZ<br />
Assistant General Secretary<br />
“ i have a problem with this<br />
because when there is incident<br />
involving police use of a taser,<br />
the cmc will take the moral high<br />
ground and sit back and make<br />
grandiose statements about<br />
the choice of any weapon being<br />
against their better judgment and<br />
against their recommendations ”<br />
They did however imply that in the circumstances a<br />
“Probity Auditor” should be employed to oversee the<br />
process which was done at a cost of $10,000. The fee<br />
was taken from the Taser Budget which could easily<br />
have purchased 100 holsters for the weapon instead.<br />
It would appear to me that the CMC’s stance is the<br />
height of hypocrisy. To sit on the committee and attempt<br />
to sway the debate on any number of issues that will<br />
affect the implementation of any new weapon and then<br />
in the same breath state that you can’t attend the most
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Metro South Region • 5<br />
means they are not be able to collect DNA from certain<br />
crime scenes. They are being limited in their chosen<br />
field. Then whispers start. ‘Don’t bother applying for<br />
promotion unless you have ‘volunteered’ your DNA’.<br />
Nothing of substance and nothing that can be proven.<br />
TONY COLLINS<br />
DNA and SOCOs and us.<br />
Over the past year, the voluntary DNA issue has<br />
been quietly raging within the SOCO field. The<br />
QPS is attempting to improve its ability in crime<br />
scene examination. One way they are attempting<br />
to achieve this is through the elimination of cross<br />
contamination of DNA. Ever since DNA arrived on<br />
the policing scene it has been considered quite the<br />
smoking gun. Sometimes, however, contamination of<br />
crime scenes occurs so the QPS has been attempting<br />
to effectively eliminate this contamination through<br />
its ‘voluntary’ elimination database.<br />
Now the key word here is ‘voluntary’. You decide for<br />
yourself if this is ‘voluntary’. To help you, here is the<br />
definition from the Macquarie Concise Dictionary.<br />
‘Voluntary :acting or done without compulsion or<br />
obligation’. First, all the SOCOS around the state and<br />
scientific staff were asked to ‘volunteer’ their DNA and<br />
many have. The exact number I am not sure of, I wish<br />
I was. However, a few concerns are raised about the<br />
safeguards of the database amongst other issues.<br />
“ remember it is ‘voluntary’. did<br />
the course candidates ‘volunteer’<br />
their dNa? was it done without any<br />
compulsion? what do you think? ”<br />
A few SOCOs don’t like the idea of a database but<br />
‘volunteer’ to give their DNA on a job by job basis.<br />
This idea is canned by the QPS as it cannot afford<br />
this solution. To ensure the ‘voluntary’ rate of the DNA<br />
is maintained, a number of Commissioned officers<br />
turned up at the Scenes of Crimes Course prior to its<br />
completion and asked the candidates on the course<br />
to ‘volunteer’ their DNA. Remember, this is a pass or<br />
fail course. What would you do? You are sitting on<br />
a course which you have tried for months, possibly<br />
years, to get on. It’s your chosen career path. There is<br />
more shrapnel standing out the front than recovered in<br />
World War II so there is absolutely no pressure to give<br />
your DNA. Remember it is ‘voluntary’. Did the course<br />
candidates ‘volunteer’ their DNA? Was it done without<br />
any compulsion? What do you think?<br />
Pressure has <strong>also</strong> been applied to the recalcitrant<br />
SOCOs who are holding out on giving their DNA. They<br />
are no longer able to enter Class 1 laboratories. This<br />
“ i ask you this - if you make a<br />
decision and then sign a document<br />
confirming your decision to remove<br />
your dNa off the database, how<br />
does an email from the Qps legally<br />
reverse your decision? ”<br />
The union has raised its concerns about the safeguards<br />
of the database and a number of SOCO pulled their<br />
sample or thought they had. The QPS then merely waits<br />
for a period of time and then sends a reverse onus email<br />
to the people who pulled their DNA stating that if the<br />
officer doesn’t reply within X number of days their DNA<br />
will be reinstated to the Database. I ask you this - if you<br />
make a decision and then sign a document confirming<br />
your decision to remove your DNA off the database,<br />
how does an email from the QPS legally reverse your<br />
decision?<br />
“ i am not opposed to giving<br />
dNa to an elimination database,<br />
never have been and never will be.<br />
Nobody wants to work beside<br />
a criminal ”<br />
I am writing about this because, as I told all the SOCOs<br />
in MSR, this DNA issue is but the tip of the iceberg.<br />
Sooner or later the QPS will want everyone’s DNA and<br />
how they handle this issue now will be telling on how<br />
they handle the bigger issue of obtaining everyone’s DNA<br />
in the future. Your union will fight for you on this issue to<br />
ensure the appropriate safeguards are in place. So, back<br />
to my original question - was the way the QPS set about<br />
obtaining SOCO DNA samples voluntary? Or was it just<br />
a juggernaut riding rough shod over what little rights we<br />
as police officers have. I am not opposed to giving DNA<br />
to an elimination database, never have been and never<br />
will be. Nobody wants to work beside a criminal. But, I<br />
do want the appropriate safeguards to protect me and I<br />
do want someone to go to jail should they breach those<br />
safeguards. What do you want?<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
6 • Central Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
from locations including Cairns, Townsville, Gold and<br />
Sunshine Coasts, and of course Brisbane City. But sadly<br />
our current Government has again chosen to ignore the<br />
communities across Central <strong>Queensland</strong>.<br />
BILL FELDMAN<br />
PUGGING ON:<br />
As I write this article – Members from my CQ <strong>Police</strong><br />
Family are sitting a lonely vigil outside a house in<br />
Moranbah where an armed offender has taken refuge<br />
and is threatening their lives and his. Bullet holes in<br />
a <strong>Police</strong> vehicle attest to his earlier effort to complete<br />
his task. My prayers for their safety are unending<br />
and I hope for a peaceful resolution. Unfortunately,<br />
I have just found out the armed offender took his<br />
own life <strong>inside</strong> his home. My Marian offsider has<br />
been tasked with the negotiators job and I know what<br />
stress his lovely wife and three adoring children are<br />
feeling at this time. This is the job we have steeled<br />
ourselves for and it’s families just like his that we<br />
have all been foresworn to protect.<br />
assaults ON pOlice aNd Our use Of fOrce<br />
OptiONs<br />
As if <strong>also</strong> having had two female <strong>Police</strong> officers in<br />
Mackay seriously assaulted – twice - in the first few<br />
weeks of 2010 in our nightclub district was not bad<br />
enough. I then had to sit through a series of ESC<br />
interviews into allegations CQ police officers use<br />
excessive force in the same nightclub district. Our<br />
members, neutered by politically correct interference,<br />
are forced to go hands on because of a hierarchyinspired<br />
fear that denies officers other more appropriate<br />
use of force options.<br />
The QPS policies leave these same officers vulnerable<br />
to attack. It sickens me to have to go to town on the<br />
Government and the QPS once again – And I personally<br />
thank the member from my region (and you know who<br />
you are) for providing me with the following inspiring<br />
words which I would love to claim as my own – but you<br />
get the nod of appreciation.<br />
“ to date there has been no<br />
release of an evaluation paper<br />
regarding the success of the<br />
operating conditions on licensed<br />
premises that trade after<br />
1.00am in brisbane ”<br />
alcOHOl-related ViOleNce<br />
The State Government has heard a number of calls to<br />
address alcohol-related incidents across <strong>Queensland</strong><br />
Councillors in Rockhampton and Mackay have called<br />
on the Labor Government to implement conditions that<br />
are in place in Brisbane right across <strong>Queensland</strong>. These<br />
conditions were part of the Beattie 17 Point Action Plan.<br />
“ do we really have to wait for a<br />
murder to occur at licensed venues<br />
outside brisbane before a proactive<br />
approach is constructed ”<br />
The conditions implemented in accordance with the<br />
Brisbane City Safety Action Plan 2005 were implemented<br />
to curb violence and inappropriate behaviour in and<br />
around Brisbane licensed venues. In a 2008 review of<br />
the Liquor Act 1992 Consultation paper it was stated<br />
that the 17 point action plan responses were part of a<br />
monitored trial by the Government which is currently<br />
under evaluation. To date there has been no release of an<br />
evaluation paper regarding the success of the operating<br />
conditions on licensed premises that trade after 1.00am<br />
in Brisbane.<br />
“ the chair of that committee has<br />
even gone to the extent of ignoring<br />
the whole of central <strong>Queensland</strong> in<br />
compiling her report ”<br />
It is understood that the increase in Crowd Controllers<br />
and CCTV has been successful in ensuring the safety<br />
within the Brisbane City and Valley areas and that the<br />
conditions outlined in the Liquor Act 1992 are working.<br />
There is however concerns that the safety of the<br />
remainder of <strong>Queensland</strong> has been forgotten as there are<br />
a number of violent licensed premises with ‘Extended<br />
Hours Permits’ to trade until 3.00am with NO safety<br />
conditions. A number of violent incidents have been<br />
recorded as being intrinsically linked to some venues,<br />
unfortunately NO conditions have been imposed.<br />
The implementation of conditions requires an officer<br />
to compile an extensive ‘Show Cause’ of a licensed<br />
premises in order to have the appropriate conditions<br />
attached. This appears to be a REACTIVE RESPONSE<br />
after serious violent incidents have occurred at the<br />
licensed venue. Do we really have to wait for a murder<br />
to occur at licensed venues outside Brisbane before<br />
a proactive approach is constructed? A real proactive<br />
response would be the introduction of the Brisbane<br />
Safety Action Plan right across <strong>Queensland</strong>.<br />
A delegate at the recent ‘Thinking Drinking 3’ conference<br />
in Brisbane commented: “<strong>Queensland</strong> has what is called
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Central Region • 7<br />
the Palestine approach to Liquor Licensing – a two state<br />
solution where the safety of the rest of <strong>Queensland</strong> is<br />
disregarded outside Brisbane.”<br />
The chair of the Thinking Drinking 3 Committee has<br />
even gone to the extent of ignoring the whole of Central<br />
<strong>Queensland</strong> in compiling her report.<br />
The chair of this committee has stated that she will<br />
review the decision to hold a meeting in Central<br />
<strong>Queensland</strong> – sadly it seems words are easy to say and<br />
easy to forget.<br />
“ Do we have to wait for that<br />
‘One Punch’ that can kill before<br />
something concrete is done.<br />
Alcohol fuelled violence must<br />
be stopped ”<br />
It is clear that the only government agency to address<br />
alcohol-related violence outside Brisbane is the<br />
members of the QPS. There have been some moves to<br />
implement permanent Liquor Enforcement and Proactive<br />
Strategies (LEAPS) Officers in Major centres across<br />
<strong>Queensland</strong>.<br />
<strong>Police</strong> Officers continues – as it is patently clear that this<br />
current government is unwilling to listen to the cries of<br />
the communities and people of Central <strong>Queensland</strong>.<br />
My wife and I pray each night for our hard working boys<br />
and girls in blue in our undermanned major centres – that<br />
none of our members suffer the same fate as some of our<br />
more seriously injured brethren hit with bottles, glassed<br />
or king hit from behind – such as Matt Butcher in the WA<br />
<strong>Police</strong>. Do we have to wait for that ‘One Punch’ that can<br />
kill before something concrete is done. Alcohol fuelled<br />
violence must be stopped.<br />
To all my other CQ brethren – Don’t cease to phone<br />
me, write to me or Email me with information you would<br />
like to see expressed in any article by me. You know it<br />
saddens me to continually bring up these old chestnuts –<br />
which I live in hope will eventually be rectified.<br />
Work smart, work safe – make it home.<br />
Bill FELDMAN<br />
Regional Representative<br />
Central Region<br />
I can only hope that our new Assistant Commissioner<br />
supports these moves to ensure a co-ordinated<br />
approach on Licensed Venues by our hard working CQ<br />
North <strong>Queensland</strong> Area<br />
Holiday Resorts<br />
Beautifully located, affordable self contained<br />
accommodation at either Trinity Beach or Magnetic Island<br />
– available to serving, ex-serving and retired members of<br />
the Australian Defence Force, Reservists, Emergency<br />
Services personnel and overseas Defence members<br />
TRINITY BEACH – Cocos Holiday<br />
Apartments – just 15 mins from<br />
Cairns city, set at the foot of the<br />
Kuranda Range and just<br />
75 metres from beach front.<br />
Rates include linen and cleaning<br />
FROM $75 daily/$451 weekly<br />
MAGNETIC ISLAND – Amaroo<br />
Holiday Flats – situated on the<br />
hillside overlooking Geoffrey Bay,<br />
Arcadia. Just a short walk to shops,<br />
licensed hotel and bus stop.<br />
BYO linen and self cleaning<br />
FROM $65 daily/$391 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 Feb 10<br />
to obtain the best deal for all the membership. I again<br />
remind members that your state government has a policy<br />
of 2.5% rises for public sector employees. That signals to<br />
me that the Government are in for the long-haul. Please<br />
don’t expect any quick fix outcomes.<br />
DENIS FITZPATRICk<br />
I welcome all members to 2010 and wish all a<br />
successful and safe new year. In the last few<br />
months, several changes have occurred at branch<br />
official level, within FNR.<br />
Michael Dolby has resigned his position at branch<br />
president of Mareeba being ably replaced by John<br />
Fisher. Sian Jacobs has been elected as the branch<br />
secretary.<br />
Duayne Amos has <strong>also</strong> resigned at Innisfail and has<br />
been replaced by Trevor Maher. I welcome the new<br />
Innisfail Branch secretary Chris McBride and Vice<br />
President Mark Jones.<br />
“ i wish to sincerely thank michael,<br />
duayne and rod for their tireless<br />
voluntary, work performed on<br />
behalf of the membership ”<br />
Rod Stanley, the Cairns Branch Secretary has been<br />
transferred to the Innisfail district. He has been replaced<br />
by Peter Banaghan, who was re-elected as Secretary in<br />
November 2009. Jim Montague remains as the branch<br />
president.<br />
“ in my view rotational first<br />
response officers should get the<br />
lions share of increases ”<br />
I would anticipate that this EB will follow one of two<br />
possible avenues. The first, a Referral to the Industrial<br />
Relations Commission and having the EB arbitrated.<br />
Alternatively there could be a protracted negotiation<br />
process, taking most of 2010.<br />
In my view, rotational first response officers should get<br />
the lions share of increases. They are the ones who work<br />
the streets and deal front on with societies problems.<br />
That is not to say that all other members do not deserve<br />
a pay rise of significance. I just feel that salary is the only<br />
means we have left to maintain and attract people to the<br />
coalface. Members gravitate out of generals very quickly<br />
in this day and age. Perhaps a better salary will keep<br />
them there.<br />
“ still in the job”<br />
denis fitzpatrick<br />
Regional Representative<br />
Far Northern Region<br />
I wish to sincerely thank Michael, Duayne and Rod<br />
for their tireless voluntary, work performed on behalf<br />
of the membership. Their contribution to this union<br />
should not go unnoticed. The union representative role<br />
is a difficult one. These three gents have handled the<br />
challenges more than adequately and have achieved<br />
creditable results. I will particularly miss the support<br />
they have provided me over several years. A lot of<br />
members cannot appreciate the work and effort that a<br />
union official does, primarily because it is done behind<br />
the scenes and not in the spotlight. On behalf of the<br />
membership, I thank them publicly for their voluntary<br />
endeavours.<br />
“ rest assured your union will<br />
be taking a firm stance and<br />
attempting to obtain the best deal<br />
for all the membership ”<br />
We enter EB negotiations again shortly. Rest assured<br />
your union will be taking a firm stance and attempting
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 South East Region • 9<br />
Two such examples came up recently, with members<br />
working four weekends in a 28-day roster. Members can<br />
claim 16 hours overtime for the fourth weekend. Working<br />
more than 56 weekend days in an equity years, members<br />
can claim overtime for every hour worked in excess of 56<br />
weekend days.<br />
BOB SMITHSON<br />
NEW UNION BRANCH AT COOMERA<br />
I am pleased to report that a new branch of our<br />
<strong>Union</strong> was approved at the Executive meeting held<br />
on 20th January 2010. The required number of<br />
member’s signatures was well exceeded and I look<br />
forward to having a fresh Branch in operation in<br />
the South Eastern Region. The inaugural meeting<br />
for the Coomera Branch has been scheduled for 1st<br />
February where the Branch Officials will be elected.<br />
We will be looking at three positions - President, Vice<br />
President and Secretary. There is already some keen<br />
interest from members wanting to fill these positions. I<br />
will report next month with the names of the new branch<br />
officials and I encourage all members located with the<br />
new Branch to be actively involved in <strong>Union</strong> matters.<br />
rOsteriNg<br />
The District Officer for Coomera District invited me<br />
to attend his January meeting with OIC’s held at<br />
Beaudesert on 19th January 2010. He requested<br />
that I address the Officers in Charge on rostering<br />
issues. District Intell. officer (and prospective <strong>Union</strong><br />
Branch Official), Senior Constable Virginia Miller, kindly<br />
prepared a slide show for the presentation. It appeared<br />
that the OIC’s had a fair knowledge of the “Rostering<br />
Rules”, which they are obliged to follow in compliance<br />
with the <strong>Police</strong> Award State and EB5 Schedule 1.<br />
Over recent months I have been advised of some<br />
non-compliance of the “Rostering Rules” by members<br />
from some Stations and Establishments in the South<br />
Eastern Region. A few examples are-rostering of single<br />
rest days, working more that four weekends over<br />
adjoining rosters, working more than ten consecutive<br />
shifts and not having a full weekend rostered off in a 28<br />
day roster period.<br />
Quite a few of these provisions contain the words,<br />
“unless justifiable”. I have written this before and I will<br />
repeat here, the definition of “Unless justifiable” is<br />
contained in Part three of EB5 Schedule 1. I urge all of<br />
our members to look it up. It might even be a good idea<br />
if some of our managers looked it up as well, as some<br />
of them clearly don’t understand it (or maybe they just<br />
choose to ignore it).<br />
One thing that did get a bit of interest from the OIC’s<br />
was that failure to comply with some of these Award<br />
and EB conditions, resulting in the payment of overtime.<br />
“ they say they ‘don’t want to<br />
rock the boat’. all i can say is<br />
that we need to stand up for our<br />
entitlements ”<br />
The next part of the equation is for our members to put in<br />
the overtime claim. I have been approached by a couple<br />
of officers who were reluctant to claim for overtime<br />
entitlements in the aforementioned circumstances. They<br />
say they ‘don’t want to rock the boat’. All I can say is that<br />
we need to stand up for our entitlements. I’m sure that if<br />
we “send them the bill” for these oversights, they will start<br />
doing things in accordance with the rules very quickly. I<br />
congratulate those who have stood up and claimed for<br />
what they are entitled to.<br />
(The document “Rostering Rules” can be found on the<br />
QPS Bulletin Board under the Industrial Relations site. If<br />
you can’t find it, send me an email and I can direct you to<br />
the site.)<br />
Qpue cONfereNce -april 2010<br />
The QPUE annual Conference will be held in late March<br />
2010 on the Gold Coast. Over the past 12 months a<br />
lot of work has been done at Executive level (Rules<br />
Committee) in relation to our <strong>Union</strong> Rules. There has been<br />
a fair amount of discussion between our <strong>Union</strong> and the<br />
Industrial Registrar of <strong>Queensland</strong> regarding the wording<br />
and intent of some of our rules. As work in this area has<br />
progressed, it had been discovered that some of our rules<br />
do not strictly comply with the Industrial Relations Act.<br />
This does not mean that we cannot function, but it will<br />
be necessary to change some of our rules at this year’s<br />
Conference in order to comply with the Act. The <strong>Union</strong><br />
Rules Committee has prepared some motions to be<br />
presented at Conference on behalf of the Executive. All<br />
the Conference motions will be circulated to the Branches<br />
throughout the State in the month prior to Conference.<br />
The motions will be distributed with “supporting<br />
information”.<br />
It is very important that all Branches meet prior to<br />
Conference to discuss the proposed motions so that the<br />
voting delegates will have a good understanding of what<br />
they are voting on and any ramifications resulting from the<br />
passing or not of motions.<br />
bob smitHsON<br />
Regional Representative<br />
South East Region
10 • Metro North Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
of his or her duties the person must be sentenced to<br />
imprisonment for 12 months.”<br />
“ i know the assault has to be<br />
grievous bodily harm on a police<br />
officer, but it’s a start ”<br />
ShAYNE MAXWELL<br />
UNION<br />
PROTECTION - Protect those who protected<br />
<strong>Queensland</strong>.<br />
Happy New Year and all the best for 2010, I hope it<br />
is a safe year for you all. Operation Merit has run<br />
it course and the figures that are being released by<br />
the electronic media indicate 589 arrests on 1415<br />
charges.<br />
It was with great interest when I read the newspaper to<br />
see Magistrates whilst fining offenders, labelled them<br />
“bloody idiots” and the media named and shamed<br />
them. Why isn’t this being done all year round? As a<br />
result of Operation Merit, the costs to the government<br />
were $1.5 million which allowed an extra 16,000 police<br />
hours across <strong>Queensland</strong>. Will the government sponsor<br />
another format of Op Merit? NO! State Treasurer<br />
Andrew Fraser has already stated that “it wasn’t<br />
practical or useful in the longer-term to roll out blitz<br />
operation and the extra 16,000 police hours”.<br />
“ in fact mr fraser it occurs every<br />
friday and saturday night in the<br />
city and fortitude Valley with<br />
our members being used as<br />
punching bags ”<br />
It has clearly been identified that we have a problem<br />
in <strong>Queensland</strong> with booze-fuelled violence. In fact Mr<br />
Fraser, it occurs every Friday and Saturday night in<br />
the City and Fortitude Valley with our members being<br />
used as punching bags. One has just had to look at the<br />
arrests made during Op Merit as proof of how unsafe<br />
our streets have become. These problems do not only<br />
occur at Christmas, it is all year round and it ties up the<br />
QPS’s already limited resources.<br />
Mandatory jail sentence for assaults on <strong>Police</strong>.<br />
Why can’t the <strong>Queensland</strong> Government implement<br />
harsher penalties for assaulting <strong>Police</strong> in the execution<br />
of their duty? In 2009, the Western Australia Government<br />
passed laws for mandatory jail sentences for anyone<br />
who seriously assaulted police. Section 297 of the<br />
Criminal Code Western Australia has been amended<br />
to include “when a person commits grievous bodily<br />
harm, to provide that when the harm is caused to a<br />
public officer who is a police officer in the performance<br />
I know the assault has to be grievous bodily harm on<br />
a police officer, but it’s a start. The Western Australian<br />
<strong>Police</strong> <strong>Union</strong> is currently lobbying their government to<br />
widen the legislation to include mandatory sentencing for<br />
any form of assault on police.<br />
From talking to the members in Brisbane City and<br />
Fortitude Valley, figures indicate assaults on police were<br />
down by 40% as a result of Op Merit. This reduction is<br />
great but the down side of it is that if one police officer<br />
is assaulted in the execution of his or her duty, that<br />
is one too many. Our members are entitled to a safe<br />
work environment as they are serving and protecting<br />
<strong>Queensland</strong>.<br />
Recently I came across a quote from Theodore<br />
Roosevelt ‘The man in the Arena’ and I thought it was<br />
very appropriate for the <strong>Police</strong> officers who has endure<br />
the hostile members of the public, who every day give<br />
their best for the QPS and <strong>Queensland</strong> and whom are<br />
often criticised by the minority.<br />
“It is not the critic who counts; not the man who points<br />
how the strong man stumbles’ or where the doer of<br />
deeds could have done better. The credit belongs to the<br />
man who is actually in the arena, whose face is marred<br />
by dust and sweat and blood; who strives valiantly; who<br />
errs, who is short again and again, because there is no<br />
effort without error and short coming.”<br />
I and the <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> commend you for<br />
your efforts all year round.<br />
eb6<br />
The <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> is due to commence<br />
E.B.6 negotiations with the <strong>Queensland</strong> Government at<br />
the end of March 2010. To date, the <strong>Queensland</strong> <strong>Police</strong><br />
<strong>Union</strong> has approached the government to commence<br />
discussions. I urge all members to arrange and attend<br />
their station union meeting over the next few months.<br />
I will be attending these station branch meetings with<br />
other officers from the union to update and answer your<br />
queries re E.B.<br />
that’s my whinge for the month, play safe.<br />
shayne maxwell (chook)<br />
Metro North Executive<br />
0438 112 741
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Southern Region • 11<br />
occasions disciplinary investigations drag on for an<br />
unacceptable period of time, and he admits things could<br />
be done better.<br />
DArrEN LEES<br />
I would like to wish all members of the Southern<br />
Region a Happy New Year, and I trust you all had<br />
a very Merry Christmas and a great new year. To<br />
those who had to work I hope everyone stayed safe<br />
and you can all look forward to some well earned<br />
time off with your families in the coming months if<br />
time permits.<br />
I would like to take this opportunity to thank our<br />
Assistant General Secretary Denis Sycz, Ross<br />
Musgrove, the QPUE legal team and the Warwick<br />
branch officials for the excellent work they did during the<br />
critical incident on New Years Eve. The feedback I have<br />
received from members involved in the incident has<br />
been highly complimentary to all involved. Unfortunately<br />
I was up north at the time and could not attend, but this<br />
was another example of how well the critical incident<br />
package works that the QPUE has developed.<br />
uNNecessary delays – iNterNal<br />
iNVestigatiONs<br />
As part of the duties we perform it is logical that at<br />
some stage a fair percentage of us will have complaints<br />
levelled against us. Likewise there are times when<br />
members will do things that are regrettable and that<br />
will require some form of disciplinary investigation. Our<br />
Executive understands that in some instances these<br />
investigations will take time to resolve and appropriate<br />
representation for all members is provided accordingly.<br />
“ it would appear that although<br />
the service recognises that things<br />
haven’t been done well in the past<br />
they are reluctant to do anything<br />
to fix the problem ”<br />
What I personally cannot understand, is the<br />
unnecessary delays some investigations take. The QPS<br />
seems to operate under a double standard in which<br />
they disregard their own timeframes, policies and<br />
procedures while conducting internal investigations.<br />
This ultimately has a very negative impact on our<br />
members. In some instances in the past we have seen<br />
internal investigations that have dragged out for years<br />
prior to our members being served with any paperwork<br />
to attend a disciplinary hearing or advice that the matter<br />
has been finalised. Many times I have heard our own<br />
Commissioner comment that he believes there are<br />
It would appear that although the service recognises<br />
that things haven’t been done well in the past, they<br />
are reluctant to do anything to fix the problem. I would<br />
encourage the Commissioner to take immediate action to<br />
address the unacceptable time frames that seem to drag<br />
disciplinary investigations out, causing untold stress on<br />
our members and their families.<br />
The bottom line is simple. We are all human and make<br />
mistakes, but to have someone’s career put on hold,<br />
having them highly stressed along with their families<br />
hardly seems fair to say the least. FIX THE PROBLEM.<br />
Set the appropriate time frames, do the investigation and<br />
ensure a timely outcome so everyone can move on with<br />
their lives.<br />
eb6<br />
As you will all be aware the time is fast approaching<br />
when we will head into another enterprise bargaining<br />
campaign. Once again I encourage all our members<br />
to register with our union office in Brisbane to obtain<br />
access to the website. It will be through the website that<br />
the major form of communication to members on the<br />
progress of EB6 will occur.<br />
I <strong>also</strong> encourage Premier Anna Bligh and her government<br />
to be realistic in negotiations with our union. It would<br />
seem that the economy has bounced back well from the<br />
global financial crisis, particularly in Australia. Although<br />
<strong>Queensland</strong> is clearly the worst performing state<br />
financially, there is no reason why the QPUE should not<br />
expect a fair wage and conditions deal in this EBA.<br />
Premier Bligh, let’s see exactly how much you do value<br />
the excellent men and women who risk their lives daily to<br />
protect the community of your beloved state.<br />
REWARD THEM ACCORDINGLY.<br />
I look forward to seeing you all in the coming months.<br />
I am in the process of organising time to get around<br />
the entire Southern Region and will advise your branch<br />
officials of dates in the near future. If you require any<br />
assistance at all please contact your local branch<br />
officials and don’t hesitate to call me if there is anything I<br />
can assist with.<br />
“keep up the great work, and stay safe.”<br />
darren lees (beefa)<br />
Southern Region Executive Representative<br />
0417 776 184
Registered Number: _____________________________________<br />
Title: Mr/Mrs.Ms/Miss (please circle one of them)<br />
Full Name: ____________________________________________<br />
Home Address: ________________________________________<br />
________________________ Post Code ____________________<br />
Postal Address: ________________________________________<br />
________________________ Post Code ___________________<br />
Phone Numbers: (H) ___________ (MB)____________________<br />
(W) ___________ (F) _____________________<br />
Work Email: __________________________________________<br />
Home Email: __________________________________________<br />
Rank: _______________________________________________<br />
Station: ______________________________________________<br />
QPUE, PO BOX 13008, GEORGE STREET, BRISBANE 4003<br />
Phone: (07) 3259 1900 Fax: (07) 3259 1950 Email:police@qpu.asn.au
14 • Advertisements<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
ATTENTION<br />
SOUTH EAST QUEENSLAND<br />
PROPERTY INVESTORS<br />
“7 Compelling Reasons For Choosing Bluemint Property Management<br />
As Your Perfect Property Management Solution”<br />
1. Our Property Managers have at least 20<br />
years experience in the industry, which<br />
means that you can have complete peace<br />
of mind knowing that your investment is<br />
in good hands.<br />
2. As property investors ourselves, we know<br />
what’s important to you and ensure you<br />
get the best possible service available.<br />
3. You want the best rent returns and can<br />
relax knowing that we ensure tenants are<br />
paying the appropriate market rent at all<br />
times.<br />
4. To take away any hassle from you, your<br />
tenants will be carefully vetted to ensure<br />
that they can afford the rent, that they<br />
have a good tenancy history and are best<br />
for your property.<br />
5. We guarantee to inspect your property at<br />
least once every 16 weeks and provide<br />
you with a written report. If we don’t we<br />
will pay you $100, is that fair?<br />
6. To keep your property in good shape, we<br />
have an easy system for tenants to report<br />
problems 24/7 and for repairs to be<br />
quickly made.<br />
7. If you are unhappy with your current<br />
arrangement or are struggling to manage<br />
your property on your own, we have a<br />
quick, easy and painless process for you to<br />
switch over to us.<br />
To get rid of all your property management<br />
hassles once and for all, call today on 3806<br />
5381 and ask for Janet.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 New Editor Joins <strong>Union</strong> Journal • 15<br />
New Editor<br />
Experienced Journalist Joins <strong>Union</strong> Journal<br />
I would like to welcome journalist and author Paula<br />
Doneman as the new editor of the QPUE journal.<br />
The appointment of Paula is a QPUE executive<br />
initiative to better communicate with its members and<br />
bring a fresh, professional approach to our monthly<br />
journal.<br />
“This month the journal launches a series of profiles<br />
of QPUE branch officials, starting with Sergeant Steve<br />
Ryan who has represented his colleagues in the Dalby<br />
district for more than 20 years,’’ said QPUE president<br />
Ian Leavers.<br />
In her new role Paula will canvas issues affecting<br />
members, write features, profiles and report on court<br />
cases. She is <strong>also</strong> interested in hearing feedback from<br />
members on how to improve the journal.<br />
“Paula will <strong>also</strong> report on major police-related events<br />
and I hope her reporting will make the journal a<br />
stronger voice for our members,” Mr Leavers said.<br />
Paula has been a police reporter and investigative<br />
journalist in <strong>Queensland</strong> for the past 18 years. She<br />
brings with her a wealth of knowledge and insight into<br />
police and the <strong>Queensland</strong> <strong>Police</strong> Service.<br />
She has worked for the Courier Mail, Sunday Mail<br />
and New York Post. She <strong>also</strong> wrote a book on the police<br />
investigation and capture of serial killer Leonard John<br />
Fraser.<br />
“Many officers around <strong>Queensland</strong> will have dealt with<br />
Paula over the years so I believe she will be received well<br />
by our members,” Mr Leavers said.<br />
If you have any story ideas or issues you would like to<br />
see canvassed in the journal please contact Paula at<br />
pdoneman@qpu.asn.au or journal@qpu.asn.au
16 • Advertisements<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Sep Feb 10 09<br />
North EBA6 Coast – Update Region XXXXX • 17 XX 11<br />
EntErprisE<br />
Bargaining<br />
agrEEmEnt 6<br />
– UpdatE<br />
EBA6<br />
The QPUE is in receipt of this correspondence from the<br />
<strong>Queensland</strong> <strong>Police</strong> Service seeking to initiate negotiations<br />
for EBA6. The union has responded that “We advise that the<br />
<strong>Union</strong> would be pleased to meet on an agreed day during<br />
that week. Could you please advise at your earliest<br />
convenience of a day and time that suits.” The QPUE has <strong>also</strong><br />
offered the use of our Training Room as a suitable venue for<br />
negotiations.<br />
be hoped that the QPS and the State Government take note<br />
of this information, appreciate the true value of <strong>Queensland</strong><br />
<strong>Police</strong> and increase their ridiculous wage’s offer of 2.5% per<br />
annum.<br />
Members are reminded that once negotiations commence,<br />
there will be regular updates on the QPUE’s website as well as<br />
the monthly articles in the journal.<br />
A similar letter has been sent to the <strong>Queensland</strong> <strong>Police</strong><br />
Commissioned Officers <strong>Union</strong> and whilst a specific date has<br />
not been set at this stage, it is evident that negotiations<br />
involving all parties will commence before the end of<br />
February.<br />
The initial meetings will be primarily procedural in nature<br />
where the four parties (<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> of<br />
Employees, <strong>Queensland</strong> <strong>Police</strong> Commissioned Officers<br />
<strong>Union</strong>, <strong>Queensland</strong> <strong>Police</strong> Service and the State Government)<br />
indicate who will represent them at the table. The parties<br />
will <strong>also</strong> develop a schedule of negotiations for the coming<br />
months and after the procedural issues have been dealt with,<br />
the actual bargaining will begin. Prior to this meeting, the<br />
QPUE will have another full meeting of all Executive<br />
Members, Industrial Officers and relevant staff to finalise<br />
development of our Log of Claims and strategies.<br />
It was interesting to note a recent article in the Courier Mail<br />
that reported the results of a Productivity Commission<br />
investigation, stating that “<strong>Queensland</strong> spends less per<br />
person on its police service than anywhere else in Australia<br />
but still manages to have more operational officers on duty<br />
than the national average. The figures showing a cut-price<br />
blue line in the state - where $344 a person is spent on the<br />
police force - are contained in the Productivity Commission’s<br />
latest report into government services.”<br />
The article went on to report that “Productivity Commission<br />
chairman Gary Banks said that the information was important<br />
in improving government services”. On this basis it can only<br />
Letter from<br />
Commissioner<br />
Bob Atkinson<br />
Dear Ian,<br />
I am writing to extend an invitation to commence discussions<br />
regarding the re-negotiation of a certified agreement for all<br />
police officer employees (excluding executive officers<br />
appointed under the <strong>Police</strong> Service Administration Act 1990),<br />
<strong>Police</strong> Liaison Officers; <strong>Queensland</strong> Aboriginal and Torres Strait<br />
Island <strong>Police</strong>, Members of the <strong>Police</strong> Pipes and Drums Band and<br />
Assistant Watchhouse Officers.<br />
The current certified agreement has a nominal expiry date of<br />
30 June 2010. Enterprise bargaining negotiations will need to<br />
commence within four months prior to that date. Accordingly<br />
I propose to hold the first meeting in the week commencing<br />
Monday 22 February 2010.<br />
As a result, please contact the Manager, Industrial Relations<br />
Branch on (07) 33646627 to co-ordinate the exact meeting date.<br />
Yours sincerely<br />
Bob ATkInSOn<br />
COMMISSIOnER
18 • Behind The Spin<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
BEHIND THE SPIN<br />
Honeymoon season for new season<br />
By Ross Musgrove<br />
Have you ever heard of Kristina Keneally?<br />
Well a few months ago nobody in <strong>Queensland</strong><br />
had; however, those among you who are<br />
particularly interested in Australian politics<br />
may recognise her as the new NSW Premier.<br />
She was installed by the ALP faction bosses after the<br />
previous Premier Nathan Rees, (who replaced the deposed<br />
Morris Iemma), was deemed to be past his use-by date.<br />
Poor old Nathan made the very unwise decision to dump<br />
some of the faction heavies from his cabinet which is the<br />
political equivalent of playing Russian roulette with a bullet<br />
in every chamber.<br />
NSW Labor is about as unpopular as it is possible to be, yet<br />
Premier Keneally has managed to lift their polling numbers<br />
considerably even though she is widely regarded as little<br />
more than a party puppet.<br />
Tony Abbott & Malcolm Turnbull<br />
Switch to Canberra and we see the same thing with new<br />
Federal Opposition Leader Tony Abbott. He too is doing okay<br />
in the polls at the moment having replaced the extremely<br />
cranky Malcolm Turnbull.<br />
“ There are plenty of examples of good<br />
polling numbers being achieved by new<br />
leaders that wane dramatically as voters<br />
get to know them ”<br />
Does this mean that these two leaders are in pole position<br />
to win the next election? I doubt it. There are plenty of<br />
examples of good polling numbers being achieved by new<br />
leaders that wane dramatically as voters get to know them.<br />
It’s known in the business as “the honeymoon” period during<br />
which voters are besotted with the new leader…but usually<br />
only for a while.<br />
“ So together with Rob Messenger, the<br />
loose cannon of the decade, and a couple<br />
of other lazy malcontents by his side,<br />
McLindon decided to drag the LNP into<br />
one of the most farcical public spectacles<br />
I can ever recall in politics ”<br />
Voters are <strong>also</strong> getting sick to death of Kevin Rudd and his<br />
often hard-to-understand jargon but they reckon he has<br />
done a pretty good job with the economy, and voters don’t<br />
throw out governments who they consider to be managing<br />
the economy well.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
Behind The Spin • 19<br />
QueeNSlANd<br />
Who the hell is Aiden McLindon and what will his next job<br />
be? Trolley boy?<br />
The last published polls I recall had the LNP at 55% and<br />
Labor at 45%. Generally that’s as good as leads get in<br />
politics - so it was extraordinary that the Boofhead from<br />
Beaudesert would even contemplate a leadership change.<br />
Internal instability is never rewarded by the voters. All of this<br />
lunacy will cost the LNP in the polls big time. Some of the<br />
ridiculous statements made by McLindon will surely be used<br />
as ammunition against the LNP to great effect by Labor at<br />
the next state election. Anna Bligh could not have wished for<br />
a better Christmas present.<br />
Aiden McLindon<br />
This political genius, who was only elected less than a year<br />
ago, thought he should be Leader or Deputy Leader of the<br />
LNP. So together with Rob Messenger, the loose cannon<br />
of the decade, and a couple of other lazy malcontents by<br />
his side, McLindon decided to drag the LNP into one of the<br />
most farcical public spectacles I can ever recall in politics.<br />
His leadership challenge was thwarted attracting only 15%<br />
percent of the vote but it has inflicted a massive amount of<br />
damage to his party.<br />
“ Internal instability is never rewarded by<br />
the voters. All of this lunacy will cost the<br />
LNP in the polls big time ”<br />
Anna Bligh
20 • It’s Official <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
IT’S OFFICIAL<br />
By<br />
By Paula Doneman<br />
JUST five years into the job, Steve Ryan was a police<br />
mechanic forced to work out of a carport that barely<br />
protected him from the soaring temperatures and harsh<br />
climate of Mt Isa. He was there to service the district’s<br />
fleet of 26-vehicles.<br />
His poor work conditions prompted him to contact his<br />
local branch officials for help. Although his problem was<br />
not resolved, the situation piqued his interest.<br />
Sgt Ryan is one of the state’s 120-plus branch officials<br />
that will be profiled every month in the journal.<br />
Since joining <strong>Queensland</strong> <strong>Police</strong> as a cadet in 1978, and<br />
having been stationed in rural areas since 1983, Sgt<br />
Ryan is well versed in the life of country policing.<br />
“Whilst not for everyone I reckon more people should try<br />
country policing,’’ he said.<br />
“They did their best and I went back to uniform. That’s<br />
where my closer involvement and continued interest in<br />
the union began,’’ Sergeant Ryan told the QPUE Journal.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 It’s Official • 21<br />
He worked in Mt Isa in general duties until 1985 and<br />
then transferred to Dajarra, a one-officer station in the<br />
far north west of outback <strong>Queensland</strong> between 1986 and<br />
1988. It was <strong>also</strong> where his wife Margaret gave birth to<br />
Angela, the first of the couple’s three children.<br />
Sgt Ryan then took his family to the Darling Downs town<br />
of Cooyar, in the Dalby police district, where he became<br />
a branch official for the QPUE union.<br />
At first his taking on the role was more of a necessity<br />
than choice – the Dalby district union meeting he was<br />
surprised to find that the only item of business was to<br />
close down the branch.<br />
“It was mid-1988 and it was my first meeting at Dalby<br />
and I have been secretary every since. I wanted to<br />
ensure the branch didn’t fold, I knew from my own<br />
experience how important it was to members and it<br />
gives me great satisfaction helping members,’’ he said.<br />
Within months of taking on the role, the importance of<br />
the union became apparent when Sgt Ryan helped two<br />
local officers involved in a fatal traffic accident.<br />
Fast-track 22 years later to January 27 2010, and Sgt<br />
Ryan is sitting in a crowded, hot room at Dalby police<br />
station holding court at a branch meeting of local<br />
officers.<br />
review into the structure of court proceedings and<br />
staffing levels.<br />
“It’s a small country district but the need for union<br />
involvement is increasing. One of the key issues<br />
concerning members is staffing levels keeping up with a<br />
growing population. There is a lot of growth here with<br />
the Coal Seam gas and mining development in the Surat<br />
Basin and the population will rapidly increase in the next<br />
few years,’’ he said.<br />
Sgt Ryan said the branch meetings are an important<br />
forum to address members’ concerns – particularly for<br />
officers who work in remote areas. “It can <strong>also</strong> help<br />
put rumours to rest…’’ he said. Branch officials have to<br />
quickly learn to juggle their industrial responsibilities<br />
with their jobs as police officers. As we complete our<br />
interview, Sgt Ryan is yet to catch up on sleep after<br />
responding to a 2am burglary at Millmerran. He has<br />
been stationed there with another officer since 2002<br />
after being promoted to sergeant.<br />
“Country policing is unique in that you see jobs right the<br />
way through, with limited resources, from complaint to<br />
prosecution. I urge more people to have a go at country<br />
policing, to go smaller or regional centres because there<br />
is a different life to be lived and you get to know the<br />
community – who wants to spend all their day in traffic.’’<br />
Members raised concerns about a number of issues<br />
– the pending enterprise bargaining, the government
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 WEB 2.0 • 23<br />
WEB 2.0<br />
By Paula Doneman
24 • WEB 2.0<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
THE QPUE website has had a facelift providing members with<br />
up to the minute news on policing and union issues including<br />
EB6.<br />
“This is a great step forward in communicating with the<br />
membership and providing them with a user friendly<br />
resource that will provide a wealth of information,’’ said<br />
QPUE president Ian Leavers in welcoming the new<br />
technology.<br />
“The QPUE has spent several months working with web<br />
designers developing the site which officially launched on<br />
February 8. It will include the journal as well as industrial and<br />
legal information. In the secure section, members can access<br />
legal articles of interest, union rules, minutes from QPUE<br />
executive meetings, updates on EB6 and multi-media audio<br />
and video of police-related news stories,’’ he said.<br />
QPUE General Secretary Mick Barnes said part of the<br />
success of the websites hinges on members updating their<br />
membership details.<br />
“Communications with members is paramount in a time of<br />
enterprise bargaining. This forum will provide you with the<br />
latest information of EB6 and access to special membership<br />
offers. To access the website, you have to sign up, even if<br />
you are an existing member of the old site,’’ Mr Barnes said.<br />
The new website was created by campaign consultant Dick<br />
Grantley from Grantley’s Advertising and Direct Marketing<br />
Consultancy and creative web developers, Big Fish.<br />
“The new site has been designed to provide easier access<br />
to all the information to make each member’s job easier. It<br />
<strong>also</strong> utilizes the latest technology to provide much improved<br />
visual display of the latest TV news reports and other<br />
interesting material,’’ Mr Grantley said.<br />
Mr Grantley has worked with the QPU’s Ross Musgrove in<br />
the creation of successful television campaigns over the last<br />
8 years and in particular the most recent, ground breaking<br />
two-minute commercial “Mad World’’ that received positive<br />
community response.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 WEB 2.0 • 25<br />
“The many benefits that the site now provides are an even<br />
stronger reason for members to update their contact details<br />
with the <strong>Union</strong> on line. It will <strong>also</strong> be a much more effective<br />
tool in assisting the union to build public support for issues<br />
that affect members in performing their duty” he said.<br />
Big Fish is staffed by a very talented team of young web<br />
developers who pride themselves on combining ease of<br />
usability with edgy creative input.<br />
The site will soon include some entertaining cartoon<br />
segments that have been jointly created by Mr Grantley and<br />
Big Fish to build greater awareness of the site and use by<br />
members.<br />
“For example, previously to access video content you had to<br />
navigate through five or six pages. The design now will act<br />
like similar to something like Youtube but specific to police,’’<br />
Mr Langford-Ely said.<br />
The architects of the site <strong>also</strong> hope it inspires a feeling of<br />
pride and sense of belonging among QPUE members.<br />
“Previously the site was information heavy and lacked a<br />
human feel to it, so we looked at creating a design that was<br />
more ascetically pleasing...From the Big Fish point of view<br />
this website is about getting QPUE members to be more<br />
active and involved. It’s about putting more of a face to the<br />
union rather than it just being an organisation police are<br />
almost automatically members of,’’ Mr Langford-Ely said.<br />
Big Fish creative director, Simon Langford-Ely said the new<br />
website would be more interesting for members. The website<br />
fosters more of a sense of ownership and has been<br />
streamlined and simplified so it is easier to navigate,’’<br />
he said.<br />
Check it out www.qpu.asn.au
26 • Taser Q&A <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
TASER Q&A<br />
Q&A with the Taser Review Implementation Group<br />
The policy says there has to be risk of serious<br />
injury before an officer uses a TASER. What<br />
does serious injury mean?<br />
It was considered the creation and application of<br />
a specific definition of “serious injury” (akin to the<br />
definition of “bodily harm” or “grievous bodily harm”<br />
that appears in S. 1 Definitions of the Criminal Code<br />
Act 1899) would create an artificial limiting effect on<br />
the practical operational deployment of a TASER in a<br />
use-of-force incident.<br />
The key to understanding this part of the policy is<br />
the reading of the whole sentence with an emphasis<br />
on “risk of serious injury”. It is the identification and<br />
assessment of “risk of serious injury” that provides the<br />
threshold of appropriate TASER usage in a use-of-force<br />
situation.<br />
The decision to apply any force, including the use of a<br />
TASER, is one for an individual officer to make at the<br />
time. Officers should make a continuous assessment<br />
of the situation in deciding whether to apply a use of<br />
force, or change to another use of force option.<br />
When performing these assessments and making an<br />
informed decision, officers should be mindful that the<br />
perception of serious injury is dependent on<br />
the officer’s assessment. As with all use of force<br />
options, the decision must be judged according<br />
to the circumstances at the specific time.<br />
The words “serious injury” should not be limited to an<br />
immediate threat of “bodily harm” or “grievous bodily<br />
harm”, but viewed in a context of the totality of<br />
the incident, and includes all risks of injury, real<br />
or potential.<br />
Again, the policy says “Qualified officers<br />
performing operational duties should, where<br />
appropriate, carry a TASER if one is available”.<br />
What does this mean?<br />
This policy is about to be further clarified via a<br />
Commissioner’s Circular. This will bring the wording<br />
into line with the policy regarding carriage of firearms.<br />
The new policy will strengthen the requirement for<br />
officers to wear a TASER unless lawfully directed not<br />
to.<br />
Officers should be mindful their actions regularly come<br />
under close scrutiny, and the level of public interest<br />
in TASER issues is particularly high. Officers should<br />
always be able to explain the continuous assessment<br />
they undertake in selecting or moving between use<br />
of force options. Subject to training and equipment<br />
exigencies operational police in uniform should be<br />
wearing TASERs. It may be difficult for an officer to<br />
explain to a court, or to justify in any other inquiry or<br />
investigation, that they made an arbitrary decision to<br />
not have access to all of the options in the current Use<br />
of Force Model.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Taser Q&A • 27<br />
The joint QPS/CMC report recommended the<br />
QPS trial TASER Cam. What is happening with<br />
the trial?<br />
Some testing and evaluation has already been<br />
completed and a modified training package (including<br />
single-handed grip) has been prepared by OST. A field<br />
trial is underway and will run from 1 January 2010 to<br />
30 June 2010. The trial is being conducted in Logan<br />
and Caboolture <strong>Police</strong> Districts. In each district we<br />
have trained five NCO/DDO’s and five First Response<br />
Officers. The NCO’s will use the TASER Cams for the<br />
first three months and then the constables will use<br />
them for the next three months. Additional TASERs<br />
with the TASER Cams fitted were supplied. This was<br />
done to minimise disruption and availability to the<br />
other TASERs in the districts. The extra TASERs will<br />
be retained by the districts at the end of the trial.<br />
It was <strong>also</strong> recommended the QPS explore<br />
the market place to determine if there are<br />
other devices that have better accountability/<br />
recording features than the TASER X26.<br />
What is happening in that regard?<br />
We found two new conducted energy weapon devices<br />
on the market – a new TASER called the X3 and<br />
device manufactured by Stinger called the S200AT.<br />
Information is available on the internet about these<br />
devices. Both of these will undergo extensive testing<br />
and evaluation during January and February. We hope<br />
to have a report finalised by the end of February.<br />
Did TASER issue a Training Advisory saying you<br />
should only target someone’s back? How and<br />
why would you target someone’s back?<br />
TASER did issue a training advisory in which they<br />
mentioned the back is the preferred target. This is<br />
correct in a physiological sense in that TASERs work<br />
by achieving neuro-muscular incapacitation. The back<br />
has the largest muscles so the TASER will work best on<br />
that area. From a tactical and operational perspective<br />
it should be considered but in reality it will be difficult<br />
to achieve. Officers should be particularly mindful of<br />
the potential dangers involved in trying to move to a<br />
position where the back can be targeted, particularly if<br />
they could be exposed to cross-fire if their partner has<br />
to escalate to a lethal force (firearm) option.<br />
TASER <strong>also</strong> recommended officers target the lower<br />
chest area, reducing their recommended point of<br />
aim by about 12cm. TASER did not say this because<br />
of potential medical dangers. They said officers<br />
should do this to avoid the controversy associated<br />
with deploying a shot across the chest (heart) area.<br />
Current OST practice is to target to break the belt line<br />
i.e. one probe above and one below the belt line. If<br />
this is achieved, the upper chest area will not be hit<br />
anyway.<br />
All TASER users to read the training advisory, available<br />
on the TASER website at<br />
www.taser.com/training/Documents/Bulletin%20<br />
15%20Synopsis.pdf” http://www.taser.com/training/<br />
Documents/Bulletin%2015%20Synopsis.pdf<br />
Until a decision is made on this, it is not prudent to<br />
spend more money on a CEW (the X26) when we may<br />
not continue to use it and this is why the equipment<br />
rollout has been suspended. Alternatively, if it turns<br />
out the X26 is the preferred option, we will be in<br />
a position to continue the purchase of equipment<br />
including TASERs and holsters.
28 • Taser Q&A <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
Who can download a TASER?<br />
We recently published two documents on the OSC<br />
TASER Implementation web-page. These are:<br />
TASER Risk and Compliance Guidelines<br />
TASER Data Download Guidelines<br />
Officers, particularly OIC’s, are encouraged to<br />
read these to understand the requirements for risk<br />
management. It is not an onerous task but has been<br />
designed to demonstrate our commitment to ensuring<br />
TASERs are only used for lawful purposes.<br />
Why can’t we have individual holsters?<br />
The Taser Review Committee identified this as a<br />
significant issue. It will be considered once the<br />
evaluation of new devices is completed.<br />
TASER training was suspended last year. When<br />
will TASER training recommence?<br />
Training was suspended while the Taser review was<br />
conducted after an incident at Brandon involving a<br />
Taser deployment. Training for 2600 police (40%<br />
of operational officers) was due to be trained in<br />
semester 2/2009. These officers will now be trained in<br />
semester 1/2010. In semester 2/2010 the final 20%<br />
of operational police will be trained.<br />
By the end of this year, all stations will have all of<br />
their operational staff TASER qualified. All remaining<br />
officers will be trained in 2011.<br />
Requalification training will <strong>also</strong> commence this year<br />
with all TASER trained officers having to complete an<br />
annual requalification. This will be delivered as OST<br />
Block 3 training.<br />
Recruits will <strong>also</strong> commence TASER training<br />
this year.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Taser Q&A • 29<br />
Stations are saying they don’t have enough<br />
TASERs. Why doesn’t the QPS buy<br />
some more?<br />
As already mentioned, the QPS is currently looking at<br />
some other CEW devices, as per a recommendation<br />
from the QPS/CMC TASER review. Until this is<br />
finalised it would not be appropriate to commit more<br />
funds towards equipment purchases for the X26<br />
rollout program. Under the original equipment rollout<br />
program we were scheduled to purchase another 450<br />
TASER X26’s this financial year and 380 the following<br />
year. This would bring the total compliment up to<br />
2070.<br />
When will one and two officer stations be<br />
considered for TASER issue?<br />
When the first round of devices was allocated,<br />
provision was made for every station to have at least<br />
one TASER. In some regions there were some minor<br />
adjustments made to the proposed distribution. In<br />
addition to raw staffing numbers, we <strong>also</strong> provided<br />
information regarding the number of assaults against<br />
police in the previous two years. Some regions took<br />
this into account when reallocating TASERs.<br />
Officers are saying it takes too long to enter<br />
information in a TASER Usage Report and a<br />
Significant Event Message. Is anything going to<br />
be done to fix this?<br />
We realise the completion of the TASER Usage Report<br />
and a SIGEVENT is time consuming and at times<br />
seems like duplication. There are plans underway to<br />
have TASER usages reported through QPRIME in a<br />
‘Use of Force’ report. The introduction of a general<br />
‘Use of Force’ report in QPRIME is currently under<br />
consideration by the Senior Executive. If this is<br />
approved the TASER Usage Report will no longer be<br />
required.<br />
In the meantime, if it helps save some time, officers<br />
can consider a ‘cut and paste’ from one report to<br />
the other, or from a Word document into both the<br />
SIGEVENT and the TASER Usage Report. This <strong>also</strong><br />
reduces the potential for criticism that we are not<br />
being consistent in our reporting processes.
30 • Community Supporting <strong>Police</strong> & Helping Hand<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
Community<br />
&<br />
Supporting <strong>Police</strong><br />
Helping Hand<br />
I am sure like most of my fellow QPS colleagues, you at<br />
one time or another have seen a flyer or received an email<br />
about Community Supporting <strong>Police</strong> and Helping Hand,<br />
but have you ever really stopped to think about who they<br />
are and what they can actually do to help us.<br />
Both are registered charitable organisations that aim to<br />
assist members of the <strong>Queensland</strong> <strong>Police</strong> Service and their<br />
immediate families in their time of need, whether it is to<br />
assist in coping with a serious life threatening illness or<br />
injuries, or dealing with a significant personal tragedy in<br />
a member’s life.<br />
Well I admit that I used to make the occasional donation,<br />
and buy raffle tickets and the like in any one of the<br />
number of funding raising events they have conducted<br />
over the years. However, I never expected to be in a<br />
position where I would actually find myself needing their<br />
assistance. Well I did and now I would like to say a big<br />
thank you to Helping Hand and Community Supporting<br />
<strong>Police</strong> for their recent and most generous gift.<br />
For those members of the Service I have met and had the<br />
great pleasure of working with over the years may know<br />
part of what I am about to say, and for those that I have<br />
not met, please take the time to read this article and<br />
consider how your small contributions can make a huge<br />
difference to someone else life.<br />
When we first bought Madalyn home from hospital she<br />
was a perfectly normal baby except for the tracheostomy<br />
tube, but sadly, at 6 months of age Madalyn suffered an<br />
out-of-hospital cardio-respiratory arrest which saw her go<br />
without sufficient oxygen for approximately 17 minutes<br />
and she suffered a profound hypoxic brain injury. After<br />
a short stay in the ICU at the Cairns Base, Madalyn was<br />
transferred to the Royal Children’s Hospital Paediatric<br />
Intensive Care Unit (PICU). In total, we spent 6 months<br />
living away from home in Brisbane whilst Madalyn<br />
recovered from her ordeal.<br />
My name is Cameron Crichton and I am a Senior<br />
Constable at Kuranda <strong>Police</strong> Station. I have a beautiful<br />
wife, Shauna and a 3 year old daughter, Madalyn, both of<br />
whom are the loves of my life and we all live in Cairns,<br />
the heart of Tropical Far North <strong>Queensland</strong>.<br />
The last three years have been what some may call a<br />
roller coaster ride and I guess I can agreed, but life is<br />
now settling down some what. Three years ago, Shauna<br />
was 28 weeks pregnant and having a dream pregnancy<br />
when suddenly she and I were rushing from Cairns to<br />
Townsville due to complications, and two weeks later<br />
Madalyn was born 10 weeks premature at 880 grams and<br />
fitted in the palm of my hand. Shauna and I then spent<br />
10 weeks in the Townsville while Madalyn was in the<br />
Neonatal Intensive Care Unit (NICU), and then 5 weeks in<br />
Brisbane as Madalyn fought for her life and beat all the<br />
odds. So when we finally brought her home, she was still<br />
small and had to have a tracheostomy as her airways were<br />
not formed properly and this was the only way she would<br />
be able to breathe without the assistance of a ventilator.<br />
This was where Community Supporting <strong>Police</strong> offered<br />
their assistance after they were approached by the<br />
QPS Chaplaincy to pay the $10 a day fee for me to stay<br />
at Leonard Lodge the accommodation on the Royal<br />
Children’s Hospital grounds, while Madalyn recovered<br />
and was treated. It was only a small amount, but it was<br />
one less expense we had whilst living away from home.<br />
We were finally able to come home on the 6th December<br />
2007 (the day before Madalyn’s first birthday). Now in<br />
addition to the tracheostomy, Madalyn had neonatal<br />
lung disease, cerebral palsy with spastic quadriplegia<br />
and seizures, severe cerebral vision impairment, global<br />
developmental delays, was fed via a feeding peg, and<br />
required a number of daily medications.<br />
Madalyn requires twenty four (24) hour care and<br />
supervision, and so Shauna has had to resign from her<br />
job with TAFE <strong>Queensland</strong> to be Madalyn’s full time carer.<br />
Unfortunately we receive very little assistance or
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Community Supporting <strong>Police</strong> & Helping Hand • 31<br />
financial support in relation to Madalyn’s<br />
care and special needs, which includes a lot<br />
of specialist equipment including suction<br />
and feeding units and a special buggy for<br />
her to get around in. So in June 2009 we had<br />
to upgrade our vehicle to a Hilux Dual Cab<br />
Utility (with a drop side tray) to increase<br />
the available space to transport all her<br />
equipment, in particular the buggy which<br />
used to fill the rear cargo area of our old car.<br />
I then started looking for a solid and lockable<br />
aluminium canopy to fit the tray to protect<br />
Madalyn’s equipment from the elements<br />
during transport and provide security while<br />
away from home at her various therapy and<br />
specialist appointments.<br />
Sergeant Antoni Lesic, the OIC of Kuranda<br />
Station graciously made contact with<br />
Acting Chief Superintendent Brian Codd<br />
from Helping Hand and they along with<br />
Community Supporting <strong>Police</strong> in Brisbane<br />
donated a total of $7000 towards the cost of<br />
a custom built canopy, which has made our<br />
lives so much easier.<br />
Shauna and I are working extensively<br />
with local physiotherapists, occupational<br />
therapists and speech pathologists and<br />
Madalyn prognosis is slowly improving every<br />
day, and the assistance of Helping Hand and<br />
Community Supporting <strong>Police</strong> has been a gift<br />
that we can not ever repay. Like a number<br />
of other members of the QPS family I am making a fortnightly<br />
payroll deduction and I ask that if you do not already make a<br />
contribution, please think about doing so. You never know when<br />
you or your family may need the assistance and support that<br />
these great organisations provide. The cost: as little as a $1.00<br />
a fortnight which is tax deductible and all donations are greatly<br />
appreciated.
32 • The Best of the Best – your “AO”!<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
?<br />
?<br />
?<br />
by Rosemary Featherstone<br />
The Best of the Best<br />
“youR Ao”!<br />
?<br />
Administrative Professional’s Day is<br />
21st April 2010<br />
Last year, the QPUE recognised for the first time, the<br />
value and appreciation that our members have for their<br />
administration officers (AOs). The QPUE Journal<br />
received many nominations from throughout the state for<br />
their best AO. The stories of the outstanding service these<br />
AOs have performed were heartwarming.<br />
A QPS Administration Officer (AO) is required by job<br />
description to provide a high level of organizational and<br />
administrative services to their designated area. These<br />
AOs do more than coordinate office correspondence and<br />
type letters and reports. They are often the backbone of<br />
the station or section. They not only provide critical<br />
advice and assistance to relieving officers and newly<br />
appointed inspectors in the areas of asset management,<br />
budgeting, rostering, overtime, allowances, HR and<br />
WH&S issues, but are there with the cup of tea when the<br />
FYC has had a rough day.<br />
The <strong>Police</strong> Journal would like to honour the<br />
“The Best of the Best AO’s” in the April 2010<br />
issue. Therefore, we are requesting that<br />
you submit via email to rfeatherstone@qpu.<br />
asn.au your nomination for the best AO by<br />
Friday 19th March 2010.<br />
Submissions must be made by a QPUE member.<br />
Your submission should be for an<br />
Administration Officer (A01, A02, or A03)<br />
in your area that you feel deserves just such<br />
recognition. Please outline your reasons or<br />
‘story’ for this submission with a length of<br />
no more than 500 words maximum.<br />
“Administrative Professional’s Day” is an annual event<br />
that was originally organised in 1952 in the united States<br />
and is now celebrated in hundreds of countries around<br />
the world. It was originally established as an effort to<br />
recognize secretaries for their contributions in the<br />
workplace, and to attract people to secretarial/<br />
administrative careers. The Australian Institute of Office<br />
Professionals promotes this event annually on the 21st<br />
April 2010.<br />
In recognition of this annual event, the <strong>Queensland</strong> <strong>Police</strong><br />
<strong>Union</strong> of Employees, on behalf of its members, would like<br />
to extend its genuine appreciation for all the hard work,<br />
support and commitment that QPS Administrative<br />
Officers continually show to our members.<br />
Please ensure that you provide the<br />
Administrative Officers Name,<br />
Classification (A01, A02, and A03), section/<br />
station and Region. One Administrative<br />
Officer will be chosen from each of the<br />
<strong>Union</strong>’s representative areas (Far Northern,<br />
Northern, and North Coast, Central,<br />
Southern, South East, Metro North, Metro<br />
South and finally Headquarters & Support<br />
region.<br />
Review of these submissions will be<br />
conducted by <strong>Police</strong> Journal staff with all<br />
decisions resting with the editor.
NO Downside<br />
To Electing a Workplace Health & Safety Representative<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 No Downside • 33<br />
Rosemary Featherstone<br />
By now those members who have previously been involved as a Workplace<br />
Health & Safety Representative (WHSR) will be aware that the <strong>Queensland</strong><br />
<strong>Police</strong> Service has dissolved the current WHSR network. Changes in the<br />
Workplace Health & Safety Act have caused the Service to review its<br />
approach to WHSRs.<br />
The Service conducted a review of current WHSRs and determined that<br />
many of those serving WHSRs were not elected and in some cases not<br />
trained in the responsibilities of the role. In consultation with both the<br />
QPUE and QPSU, the Service has divided each region and district into<br />
clusters (of a small number of stations/sections). Each of these clusters will<br />
hold an election with members within that cluster nominating and voting for<br />
their Workplace Health and Safety Representative for their cluster. Those<br />
members who have previously served as WHSRs will be provided with an<br />
automatic nomination upon their request.<br />
The <strong>Union</strong>’s wish would have been to have one WHSR in each and every<br />
station and section but the legislation states that an agreement must be<br />
reached by both the employer and the employees’ representatives. It is<br />
obvious that the Service does not want to have an over abundance of WHSRs<br />
that can possibly issue provisional improvement notices. The Service has<br />
agreed with the <strong>Union</strong>s that the newly negotiated cluster structure would be<br />
reviewed and amendments made if a cluster was not being properly<br />
represented.<br />
The main reason for these changes is that the new legislation requires<br />
WHSRs to be elected and that they must have received accredited training<br />
that will allow them to issue a legally enforceable notice called a PIN<br />
(Provisional Improvement Notice). The PIN identifies a breach of WHS<br />
legislation and requires the employer to rectify the issue within a designated<br />
period of time.<br />
With these enhanced powers, there has never been a better time to elect<br />
a Workplace Health and Safety Representative in the workplace. Under<br />
<strong>Queensland</strong> WHS Laws, all the powers that workers have to influence health<br />
and safety in the workplace are vested in their individually elected WHSR.<br />
It is the representatives who have the rights and the power to take health and<br />
safety matters further if the employer fails to the right thing.<br />
Trained WHSRs are now able to be even more effective since the<br />
introduction of this additional power for Representatives to issue PINS<br />
where the Service has not satisfactorily addressed a workplace, health<br />
and safety problem. PINS are a legal instrument which must be acted on.<br />
Otherwise, the Service could be prosecuted under the legislation by WHS<br />
Inspectors responding to an unresolved PIN.<br />
The Service is currently negotiating for the services of a training provider<br />
that will provide accredited training for all newly elected WHSRs.<br />
A WHSR’s additional entitlements include the ability to conduct safety<br />
inspections within their designated clusters, assist with workplace accident<br />
investigations, to have the Service consult with them about changes within<br />
the workplace that may affect health and safety and to be involved in the<br />
resolution of identified hazards.<br />
The role of the WHSR is an important one, so it is vital that the workplace<br />
elects someone with the skills needed to do the job well. A good WHSR<br />
should know about the tasks performed by the people in their designated<br />
cluster and understand the health and safety issues which apply to their<br />
designated cluster.<br />
The WHSR needs to<br />
- Act as a link between staff and management and negotiate on health and<br />
safety issues<br />
- Assist with identifying and designing solutions to health and safety<br />
problems<br />
- Apply their knowledge of health and safety legislation, codes of practice<br />
and standards<br />
- Involve all staff in resolving health and safety issues<br />
- Communicate, negotiate and listen effectively and learn new skills and put<br />
them into practice.<br />
Despite many committed, passionate and well intentioned workers sitting on<br />
WHS committees safety improvements have been minimal at best. The<br />
ability to achieve meaningful change depends on the willingness of<br />
management to take notice and act on the committee’s recommendations.<br />
Many of our members who have served on these committees report that it is<br />
like knocking their head against a brick wall to achieve a positive response.<br />
The <strong>Union</strong> is now working to empower its members through their elected<br />
WHSR to have more influence on what the <strong>Queensland</strong> <strong>Police</strong> Service does<br />
to address workplace health and safety issues at work. The QPUE has now<br />
appointed a Workplace Health and Safety Officer who will provide assistance<br />
to all WHSRs (both sworn and unsworn) with any issues in their designated<br />
cluster.<br />
The QPUE will be setting up a WHSR network upon completion of all<br />
regional elections. The network will provide feedback and raise issues that<br />
may be common in all regions/commands. These issues will be raised with<br />
the QPUE WHS Committee and the QPS Corporate Health and Safety<br />
Committee.<br />
The Workplace Health and Safety Act establishes a legislative framework<br />
that balances the right of <strong>Union</strong>s to represent their members concerning<br />
occupational health and safety and to discuss matters with workers who are<br />
(or are eligible to become) members and the right of employers to conduct<br />
business. The right of entry is in place in various forms for OHS in all states<br />
of Australia. The Act reflects the Government’s belief that unions have a<br />
positive role to play in supporting employees and employers in resolving<br />
workplace, health and safety issues and creating a cooperative and more<br />
proactive culture when it comes to risk prevention.<br />
The right of entry is limited to workplaces where the union either has<br />
members or people entitled to be members to either discuss health and safety<br />
with workers on their breaks or to investigate a suspected contravention of<br />
the Act. The QPUE will work in partnership with the QPSU in order to<br />
provide this level of support. The QPUE has qualified staff members who<br />
hold ‘right of entry’ and will provide any assistance upon request.<br />
The changes in legislation and the establishment of newly trained WHSRs<br />
within the QPS will provide for a more proactive approach to workplace<br />
health and safety. Your <strong>Union</strong> asks that you ensure that you elect a WHSR<br />
who is compassionate and committed to ensuring a safe and healthy<br />
workplace.<br />
Rosemary Featherstone<br />
Workplace Health and Safety Officer<br />
3259-1900 (phone)<br />
0419 647 605 (mobile)<br />
rfeatherstone@qpu.asn.au
34 • Psychological Injuries <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
Psychological injuries &<br />
reasonable ManageMent<br />
action<br />
by Ryan Heath and Kia Cameron, Sciacca’s Lawyers and Consultants<br />
Over the previous two years, Sciacca’s Lawyers and<br />
Consultants have advised the QPUE and its members on a<br />
range of issues dealing with workers’ compensation reviews<br />
and common law claims. The scope of the claims have<br />
included both physical and psychological injuries.<br />
Recent statistics produced by the workers’ compensation<br />
regulatory authority, Q-Comp have revealed a significant<br />
increase in the claims lodged by injured workers for<br />
psychological injuries in 2008 to 2009 compared with claims<br />
lodged in previous years.<br />
Psychological injuries are becoming more common in the<br />
workplace, creating a necessity for employers to take further<br />
measures to prevent such injuries from occurring. However<br />
claims for psychological injuries have often been disparaged<br />
by employers which may be attributed to a lack of<br />
understanding about the causes and severity of psychological<br />
injuries and <strong>also</strong> due to the high costs that such claims incur<br />
for employers.<br />
The Q-Comp Annual Report for 2008-2009 has revealed that<br />
57.4 per cent of psychological claims at the review stage to<br />
Q-Comp were rejected compared with an average rejection<br />
figure of 3.7 per cent for all other types of injuries.<br />
The significant difference in the percentage of rejected<br />
psychological injuries compared with all other types of<br />
injuries is attributed to the challenges that the Workers’<br />
Compensation and Rehabilitation Act 2003 imposes on<br />
injured workers.<br />
In order to be successful in a psychological claim for<br />
compensation the applicant must prove that they are a<br />
worker who has sustained a personal injury within the<br />
meaning of s32(1) of the Act. Under s32(1) a compensable<br />
injury is defined as a personal injury arising out of, or in<br />
the course of, employment if the employment is a significant<br />
contributing factor to the injury. The same criteria is used to<br />
determine physical injuries and this definition can usually be<br />
substantiated by medical evidence.<br />
However in psychological claims for compensation, section<br />
32(5) of the Act excludes claims arising out of, or in the<br />
course of reasonable management action taken in a<br />
reasonable way by the employer in connection with the<br />
worker’s employment. It is this section of the legislation that<br />
operates to exclude the vast majority of psychological injury<br />
claims.<br />
An injured worker firstly must lodge an application for<br />
compensation with the relevant insurer. If the insurer<br />
rejects the application then the worker is able to lodge an<br />
application for review with Q-Comp within three months<br />
of the date of the insurer’s decision. In the event that the<br />
application is rejected by Q-Comp, the worker has the option<br />
of appealing Q-Comp’s decision to the Industrial Magistrates<br />
Court or the Industrial Relations Commission, however this<br />
can often involve significant legal fees for injured workers.<br />
Reasonable Management Action<br />
Numerous causative factors of workplace psychological<br />
injuries have been identified such as bullying and<br />
harassment by colleagues or management, excessive<br />
workloads or workplace pressures, inadequate staffing,<br />
unsupportive management or having been part of or<br />
witnessed traumatic incidents.<br />
A significant number of injured workers attribute their<br />
condition to the conduct of management. In order to limit<br />
the acceptance of psychological claims, s32(5) of the Act<br />
is applied to claims that detail any aspect of management<br />
action as causative of the worker’s condition. The injured<br />
worker then has the evidentiary onus of proving that<br />
the conduct of their employer has been unreasonable<br />
management action taken in an unreasonable way.<br />
Substantiating that management action has been<br />
unreasonable has proven to be a difficult feat for injured<br />
workers. Workers need to provide clear evidence from other<br />
employees or provide any other documentation to support<br />
a contention that management has acted in an improper<br />
manner.<br />
Often witnesses are reluctant to provide supporting<br />
statements for injured workers against their employer due<br />
to a fear of repercussions that they may face. Accordingly it<br />
can be very difficult for injured workers to satisfy that the<br />
conduct of management has been unreasonable.<br />
Q-Comp v Education <strong>Queensland</strong><br />
Further limitations are imposed by the particular approach<br />
that the decision maker may adopt in determining whether<br />
management action has been unreasonable. President<br />
Hall’s decision in Q-Comp v Education <strong>Queensland</strong> [2005]<br />
QIC 46 is an example of how workers can be trapped by the<br />
reasonable management action provision of the legislation.<br />
This case involved Mr McArthur who was a school teacher.<br />
On 25 June 2003, allegations of inappropriate physical<br />
contact were made against Mr McArthur by three female<br />
students. As a result of these allegations, the Ethical<br />
Standards Unit of Education <strong>Queensland</strong> became involved<br />
and investigations were conducted from 26 to 27 June 2003.<br />
At the end of Mr McArthur’s interview he was told that the<br />
investigation had resolved the complaint favourably to him.<br />
Following this incident, a two week school vacation<br />
began. On Mr McArthur’s return to work, he worked for<br />
approximately two weeks then decompensated due to the<br />
complaints that had previously been generated against him<br />
and <strong>also</strong> from the stress of the investigation process.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Psychological Injuries • 35<br />
Mr McArthur’s application was accepted at the Q-Comp<br />
review stage, however the employer appealed the decision to<br />
the Industrial Magistrates Court and the decision to accept<br />
the application was overturned as management action was<br />
deemed reasonable and taken in a reasonable manner. The<br />
matter was then appealed to the Industrial Court where<br />
President Hall confirmed the decision of the Industrial<br />
Magistrates Court to reject the application for compensation.<br />
President Hall noted the two contributing factors to Mr<br />
McArthur’s psychological condition as the allegations by<br />
the students and the investigation that he was subjected to.<br />
President Hall looked to the purposive intent of s32(5) and<br />
noted: -<br />
“The concern of [S32(5)] is to remove certain psychiatric<br />
and psychological disorders from the statutory definition<br />
of “injury”. Where a situation arises in which [section<br />
32(1)] “ropes-in” a particular psychiatric or psychological<br />
disorder and [section 32(5)] excludes the same psychiatric<br />
or psychological disorder, there is an inconsistency which<br />
because of the use of “notwithstanding” must be resolved by<br />
allowing [section 32(5)] to prevail.”<br />
President Hall considered that the purpose of s32(5) of the<br />
Act is to exclude claims that involve reasonable management<br />
action, thus where there are two factors, one involving<br />
reasonable management action and another factor that does<br />
not relate to reasonable management action, s32(5) can<br />
still apply to reject the claim entirely, even if other factors<br />
as causative of the injured worker’s condition have been<br />
substantiated.<br />
Therefore in Mr McArthur’s case, even though it was<br />
determined that the student’s allegations against him were a<br />
significant contributing factor to his condition, his claim was<br />
still rejected as the investigation that was conducted against<br />
him was carried out in a proper manner and was deemed<br />
reasonable management action taken in a reasonable way.<br />
The above case illustrates how the reasonable management<br />
action provision of the legislation can operate to exclude<br />
claims that involve multiple stressors, therefore it is very<br />
important that injured workers keep the stressors that they<br />
detail on their applications for compensation brief. Injured<br />
workers should only include stressors on their application<br />
which have been the most significant contributing factors to<br />
their psychological condition to prevent being trapped by the<br />
limitations imposed by s32(5) of the Act.<br />
It is detrimental for a worker to detail multiple factors of<br />
lesser significance on their applications for compensation<br />
where such factors relate to the conduct of management.<br />
If the injured worker has one strong factor as causative<br />
of their condition, it is important that they limit their<br />
application to detailing this particular factor and do not<br />
attempt to rely upon a range of weaker factors related to the<br />
conduct of management.<br />
Delaney v Q-Comp<br />
As President Hall’s decision in Q-Comp v Education<br />
<strong>Queensland</strong> has significantly limited the scope for the<br />
acceptance of claims involving multiple stressors, there<br />
have been subsequent interpretations of the effect of s32(5)<br />
through case law in the Industrial Court which has sought to<br />
broaden the acceptance of such claims.<br />
In the decision of Delaney v Q-Comp [2005] QIC 11, a<br />
global evaluation in determining the reasonableness of<br />
management action across multiple stressors was applied<br />
by President Hall. Mr Delaney had made an application for<br />
compensation for a psychological condition that arose out of<br />
a series of incidents by management, which in isolation were<br />
considered mere blemishes on the part of management.<br />
However President Hall considered that Mr Delaney’s case<br />
involved repetitive blemishes joined by subject matter,<br />
time and personality in a discordant workplace where<br />
management had knowledge that this worker had previously<br />
suffered a psychological injury; thus a global evaluation of<br />
the reasonableness of management action was appropriate<br />
in the circumstances.<br />
The global approach in assessing whether management<br />
action has been reasonable has generally resulted in greater<br />
success for injured workers in having their claims accepted,<br />
as unlike the approach prescribed in Q-Comp v ,Education<br />
<strong>Queensland</strong> it provides greater allowance where there are<br />
claims involving multiple stressors.<br />
However this area of law is still developing and both of the<br />
approaches prescribed in Q-Comp v Education <strong>Queensland</strong><br />
and Delaney v Q-Comp are still commonly being used<br />
by decision makers. The particular approach that is<br />
used by decision makers in determining claims involving<br />
management action really depends upon the circumstances<br />
of each particular case. The Industrial Court has not ruled<br />
out any particular approach and it can often be a gamble<br />
for injured workers as to what approach will be used. From<br />
experience it has been found that insurers will immediately<br />
apply the limited approach in Q-Comp v Education<br />
<strong>Queensland</strong> to exclude claims, whereas Q-Comp and the<br />
Industrial Courts will assess the necessity for the particular<br />
approach in accordance with the circumstances of the case.<br />
Important things to remember<br />
It is important for police officers to have reference to the<br />
following matters when completing any application to<br />
Workcover <strong>Queensland</strong> for a psychological injury:-<br />
1. To avoid the provisions of s32(5) of the Act we remind<br />
officers that it is important to limit the factors in their<br />
application to those which are the most significant.<br />
2. Often Workcover claims officers will ask injured workers<br />
whether there are any other factors that they believe have<br />
contributed to their condition. Officers should be cautious of<br />
detailing too many insignificant factors which may result in<br />
their claim ultimately being defeated.<br />
3. If management action does not form a significant causal<br />
factor to the psychological condition, then do not refer to<br />
any aspect of management action in the application for<br />
compensation.<br />
Sciacca’s Lawyers and Consultants are available to advise<br />
any member who has a query with respect to psychological<br />
injuries which have been sustained in the workplace. Please<br />
direct any queries to Mr Ryan Heath on 38678839.<br />
Sciaccas<br />
Lawyers and Consultants
36 • Tips & Traps<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
Tips & Traps<br />
THE EFFECTS OF GOOD BUDGETING<br />
This month’s Tips & Traps is on the effects of good<br />
budgeting.<br />
With Christmas upon us, I thought it would be timely to discuss a<br />
subject many cringe at.<br />
Doing a budget is not about curtailing spending. It is about<br />
identifying what your fixed and variable expenses are and<br />
therefore identify how much surplus income (or in some cases<br />
deficit income) there is.<br />
Having a budget is the cornerstone of making a financial strategy<br />
successful. Not having a budget can bring a financial strategy<br />
crashing to the ground. A good example is borrowing to invest or<br />
borrowing to purchase lifestyle assets. If interest rates go up, can<br />
that person’s cash flow manage the increase in repayments?<br />
Whilst this seems basic, we are surprised at the amount of people<br />
who do not know what their living expenses are and therefore do<br />
not know if they have surplus income.<br />
Doing a budget <strong>also</strong> helps a person to decide how they want to<br />
spend their income i.e. more lifestyle spending or saving. This<br />
allows a person to make informed decisions and trade offs.<br />
When we are giving clients advice, knowing what their budget is,<br />
is imperative to the strategies we recommend. In all cases we do a<br />
cash flow analysis over 5 years to ensure that they can do what it<br />
is they want to do. An example of this is planning for retirement.<br />
We may find that a client has a shortfall in future retirement<br />
funds and need to set aside some of their income to put towards<br />
retirement. In some cases, when we do the cash flow analysis, we<br />
find that there is insufficient income to do this. The client then<br />
has three choices:<br />
1.<br />
2.<br />
3.<br />
Accept less income in retirement as they will have<br />
insufficient funds.<br />
Postpone their retirement for a period of time.<br />
Reduce current spending in order to set aside the<br />
money needed to achieve their retirement goals.<br />
Without a budget, this client could not make an informed choice<br />
on which path to take.<br />
To assist clients, we do have budget planners to help them work<br />
out their budget. When setting a budget, they key is sticking to it.<br />
Have a merry Christmas and a wealthy New Year.<br />
David Martin<br />
Executive<br />
Moore Stephens <strong>Queensland</strong> Wealth Management & Authorised<br />
Representative. Charter Financial Planning, Australian Financial Services<br />
Licensee AFSL Number 234665<br />
Moore Stephens <strong>Queensland</strong><br />
Level 25, Riparian Plaza, 71 Eagle Street,<br />
Brisbane, <strong>Queensland</strong>, Australia 4000<br />
Tel +61 7 3317 7877, Direct +61 7 3100 0002, Mobile: 61 409 872 399<br />
Fax +61 7 3100 0028, Web site: moorestephens.com.au
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 Beyond Reasonable Doubt • 37<br />
Service of Notice to Choose<br />
under the Transport Operations<br />
(Road Use Management – Driver Licensing)<br />
Regulation 1999<br />
The distinction between proof of delivery and proof of non-receipt<br />
is essential to the section. The District Court of <strong>Queensland</strong> recently<br />
found on two separate occasions service was proven in this manner<br />
by post and was not proven to the contrary because the defendant<br />
stated he did not receive it.<br />
by Calvin Gnech Legal Officer QPUE<br />
Should you commence proceedings against a driver of a vehicle<br />
who has a suspended license due to demerit points but claims they<br />
did not receive their notice? It is the case that police do usually<br />
commence proceedings but often Magistrates have not accepted<br />
this and dismissed the charges. Two recent cases appealed to the<br />
District Court of <strong>Queensland</strong> have found in favor of the prosecution<br />
on this point.<br />
The procedure leading up to a license suspension is set out in the<br />
Regulations. The accumulation of 12 or more demerit points triggers<br />
the first step in the process. The chief executive must give the driver<br />
a written notice pursuant to s25 (2) Transport Operations (Road Use<br />
Management – Driver Licensing) Regulation 1999, which offers a<br />
choice to the offending driver.<br />
The choice for the driver is between accepting an immediate<br />
license suspension for a defined period or a good behavior license<br />
for a period of 12 months. If the 12 month good behavior license is<br />
accepted and the driver accrues more than one demerit point, the<br />
driver’s license is suspended for double the defined period.<br />
If 12 or more demerit points are accumulated the ‘The chief<br />
executive must give the person a written notice (a notice to choose),<br />
requiring the person to make their choice within 21 days’. The key<br />
word in this section is ‘give’. As you would be aware the<br />
Department of Transport engages service by post.<br />
In such circumstances sections 39 and 39A Acts Interpretation Act<br />
1954 (Qld) become relevant. These sections provide that whenever<br />
an Act requires a document to be served or given to a person, the<br />
document is served or given by sending it by post to the person’s<br />
last known address. Service by post is affected by properly<br />
addressing, prepaying, and posting the document as a letter.<br />
Service is taken to have occurred at the time at which the letter<br />
would have been delivered in the ordinary course of post. In a court<br />
proceeding, service of this nature can be proven by certificate.<br />
The next issue to consider is, does the defendant have a reasonable<br />
and mistaken belief of fact according to section 24 Criminal Code.<br />
In Smith v McDougall, Judge Newton strictly found this issue was<br />
a mistake of law and not fact therefore, section 24 was not open to<br />
the defendant. However, in Coughlin v Curran Judge Nase found it<br />
could be a mixture of both fact and law but found in this particular<br />
case the statutory framework was inconsistent with section 24 and<br />
therefore the mistake made by the defendant in regard to the<br />
validity of his license was a mistake of law.<br />
It is interesting to note the defendant’s unsuccessful argument in<br />
Smith v McDougal. The defendant accepted he received an earlier<br />
notice stating his suspension would finish on the 13 September.<br />
However, another notice was sent after that, stating his license was<br />
further suspended. The defendant claims to have not driven his car<br />
up to the 13th September and then commenced driving because<br />
of a reasonable and honest mistaken belief of fact from reading the<br />
first notice.<br />
Coughlin v Curran [2008] QDC 66 para3. Section 25(2) Transport<br />
Operation (Road Use Management – Driver Licensing) Regulation<br />
1999. Section 39(1)(a)(ii) Acts Interpretation Act 1954 (Qld). Section<br />
39A(i) Acts Interpretation Act 1957 (Qld). Section 60(2)(g) Transport<br />
Operations (Road Use Management) Act 1999. Section 39A(1)(b)<br />
Acts Interpretation Act 1954 (Qld). Coughlin v Curran [2008] QDC<br />
66 para 10. Coughlin v Curran [2008] QDC 66; Smith v<br />
McDougall [2009] QDC 157. [2009] QDC 157 para 6. Coughlin v<br />
Curran [2008] QDC 66 para 16 & 17.<br />
Upon service being proven, the defendant must prove service to the<br />
contrary. The issues that must be proved to the contrary is that of<br />
non-delivery not that of non-receipt. That is, the acts of addressing,<br />
pre-paying, and posting the letter must be proven to the contrary.
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 Editor,<br />
Dear Editor,<br />
Dear Editor,<br />
I’d like the opportunity to say thank you<br />
to everyone who supported me during<br />
my recent battle with cancer. I’ve now<br />
returned to full duties after having nine<br />
months off and then five months on<br />
light duties. Dare I say it, it feels great to<br />
be back.<br />
During treatment and recovery, I<br />
received so many calls and messages<br />
of support from colleagues around the<br />
state. There are too many to name every<br />
single one here.<br />
Their support and offers were much<br />
appreciated and were a massive boost<br />
when things got a little dark at times.<br />
I know my good mate Mick Collett was<br />
swamped with calls and offers which he<br />
had to sort through.<br />
It may be said, occasionally with derision<br />
by certain groups, but the QPS is a<br />
family. And to know there are so many<br />
people willing to help, that makes it<br />
so much easier to cope when times are<br />
tough. No matter how small or negligible<br />
you think you input was, I thank you<br />
from the bottom of my heart.<br />
David PRENTICE<br />
Con. 19874<br />
Yarrabah Station<br />
FNR<br />
As a result of my resignation from the<br />
QPS following an appointment outside<br />
the Service, I <strong>also</strong> tender my resignation<br />
from the QPUE effective from the 12th<br />
February 2010.<br />
I would like to take the opportunity<br />
to sincerely thank the QPUE for all<br />
the support and assistance provided<br />
to me over the past seventeen and a<br />
half years. I would particularly like to<br />
thank my great friend and mentor, Peter<br />
Garrels, for all of his assistance when<br />
Southern Region Representative, and<br />
especially since. Further, I extend my<br />
sincere gratitude to Denis Fitzpatrick,<br />
Ian Leavers and Ross Musgrove, along<br />
with the entire critical incident team<br />
who came to my side in the middle<br />
of the night in October 2007 after<br />
being involved in a shooting at Gatton.<br />
Similarly, and although not directly<br />
involved with the <strong>Union</strong>, I acknowledge<br />
the support and assistance of HSO Dani<br />
Rye and Chief Superintendent Tony<br />
Wright at that time. I <strong>also</strong> offer my<br />
humble praise to both for their enduring<br />
humanity and compassion.<br />
My own experience with our <strong>Union</strong><br />
through some difficult times inspires me<br />
to encourage every member of the QPS to<br />
become, and remain, a financial member<br />
of the <strong>Union</strong>. In my view, the knowledge<br />
that someone is protecting your interests<br />
is security that is essential in an often<br />
difficult and challenging profession.<br />
I leave the service ever grateful for the<br />
camaraderie of the police family, with<br />
clarity over the unique and dangerous<br />
role of policing in modern society,<br />
and thankful for the skills and lifeknowledge<br />
that I have acquired. I wish<br />
every member of the service the very<br />
best for the future; a prospect made<br />
easier by the <strong>Union</strong> continuing their<br />
excellent work in representing the<br />
membership.<br />
Goodbye, good luck and God bless,<br />
Mick Crellin<br />
On behalf of the QPS Women’s Network<br />
I would like to thank the QPUE for two<br />
very positive articles about the Women’s<br />
Network in the October 2009 edition of<br />
the <strong>Police</strong> Journal. The feature article<br />
‘Creative Positive Workplaces’ (on page<br />
16) written by Rosemary Featherstone<br />
provided a synopsis of the State Women’s<br />
Network Conference Open Day held<br />
at the Gold Coast on 16 September<br />
2009. This event was well supported<br />
by the QPUE with attendance by the<br />
SER Regional QPUE Representative,<br />
Bob Smithson, together with Rosemary<br />
Featherstone and Industrial Officer Steve<br />
Mahoney, who represented the QPUE in a<br />
panel discussion addressing “Pregnancy,<br />
Part-time and Workplace Priorities”.<br />
Bob Smithson’s regional round up <strong>also</strong><br />
reflected on the Conference Open Day,<br />
with some very favourable comments<br />
about the Network.<br />
We value the recent interest of the<br />
QPUE in the Women’s Network and look<br />
forward to working more closely with<br />
the QPUE in the future to achieve our<br />
common goals.<br />
Kim Jackson<br />
Senior Sergeant<br />
Women’s Network Executive Committee<br />
Member<br />
Dear Editor,<br />
As a result of my retirement of almost 41<br />
years in the <strong>Queensland</strong> <strong>Police</strong> Service, I<br />
wish to tender my resignation from the<br />
QPUE taking effect from the 27 January<br />
2010. May I take this opportunity to<br />
thank all members and especially the<br />
executive of the QPUE for their support<br />
over the past 40-plus years. I wish you<br />
and all members every success in the<br />
future. Take care and stay safe.<br />
W.P. SIGANTO<br />
Senior Sergeant 1799
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 CORRESPONDENCE • 39<br />
Dear Editor,<br />
I would like to bring to your attention,<br />
and for the information of the<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> generally, the<br />
two accidental discharges by Qld police<br />
officers this month resulting in injuries<br />
by the police involved. My information<br />
has only been from the media and its<br />
accuracy is well, we all know how the<br />
media can be ...<br />
At about 14:30 on 4 December 2009,<br />
<strong>inside</strong> Bowen <strong>Police</strong> station, a Senior<br />
Constable accidentally discharged his<br />
QPS issued Glock pistol (likely to be<br />
in the un/loading area). The bullet<br />
ricocheted off the clearance drum into<br />
his face causing superficial injuries<br />
requiring treatment at the Bowen<br />
Hospital.<br />
On 15 December 2009, at a<br />
Gympie re-qualification, a Senior<br />
Constable accidentally discharged his<br />
QPS issued Glock pistol while<br />
re-holstering resulting in a leg injury<br />
(seriousness unknown) where the S/C<br />
required treatment in the Gympie<br />
hospital.<br />
I would like to raise with the <strong>Union</strong> that<br />
the QPS policy on firearms training<br />
frequency should be reviewed, with these<br />
two recent incidences of unintentional<br />
discharges resulting in officer injuries as<br />
an example of the periods between live<br />
firing re-qualifications being too long.<br />
One officer accidentally injuring himself<br />
with their own firearm is too many, let<br />
alone two in two weeks.<br />
Currently (to the end of 2009), live<br />
firing is currently conducted in the first<br />
half of the year with D.I.ST. (paintball)<br />
being in the second half of the year.<br />
Effectively, an officer could do a live fire<br />
re-qualification shoot in January of one<br />
year and not live fire again until June the<br />
next year (a gap of 18 months).<br />
As of 2010, with five fire and D.I.ST<br />
training being combined in a two<br />
day block of training for a month at a<br />
time, alternating with a month of two<br />
day Taser training, an officer could<br />
effectively live fire in January 2010 and<br />
not live fire again until December 2011 (a<br />
gap of two years).<br />
Although I do not know the specifics<br />
of the recent accidental discharges, I<br />
believe that they may be as a result of<br />
the extended periods between live firing<br />
and a decreasing in officer firearms<br />
awareness. Although I support D.I.S.T.<br />
training and believe it is effective in<br />
QPS training, I believe that the resulting<br />
extended periods between live firing is<br />
resulting in less confidence and reduced<br />
firearms safety awareness amongst<br />
officers. I believe that more frequent live<br />
firing would reduce the risk of police<br />
officers accidentally discharging their<br />
firearms and increase their firearms<br />
awareness and safety.<br />
Thanks,<br />
Andy Lee<br />
DFTO and Taser Instructor<br />
Constable 4017984<br />
Indooroopilly <strong>Police</strong><br />
Dear Editor,<br />
Pay Re-structure = Increase in<br />
Superannuation Entitlements.<br />
With the next round of EB negotiation set<br />
to start soon I urge our union to embark<br />
on a fundamental pay re-structure which<br />
would incorporate the formation of<br />
Employment Category Numbers (ECN’s)<br />
that are associated with pay levels. For<br />
those ex military people you will know<br />
exactly what I am talking about. The<br />
question you are asking is why, the<br />
simply answer is do you want an extra<br />
$54,000 in your superannuation payout<br />
on retirement for next to nothing. If the<br />
answer is yes then this re-structure is<br />
essential.<br />
This is how it would work, currently the<br />
<strong>Queensland</strong> Government pays 18% of<br />
your base wage into your superannuation<br />
account and members pay 6% into the<br />
same account. The problem is that a<br />
majority of our positions attract<br />
allowances that are not used in the<br />
calculation of the payment of<br />
superannuation. For example a general’s<br />
duties officer receives a base wage plus<br />
21% OSA and this is payable to all<br />
officers that are in these positions and it<br />
is not payable on occurrence like other<br />
allowances such as NOSA and FTO. So<br />
the argument can easily be made that<br />
the actual base wage for a Generals Duty<br />
Officer is consistent and doesn’t change<br />
from one pay to another.<br />
My proposal would see the formation<br />
of an ECN let’s say ECN 002 would<br />
signify that I am a constable occupying<br />
a position that once attracted OSA. A<br />
constable that is not attracting OSA<br />
could be assigned ECN 001 and so on<br />
and so on it goes for all employments<br />
categories that attract an allowance that<br />
is automatically payable to that position.<br />
Another example is SERT they get12.9%<br />
of Senior Constable 2.5, once again<br />
this allowances is consistent every F/N<br />
they could be ECN 003. Now I reckon it<br />
would take a massive 2 hours to come<br />
up with a new pay structure which rolls<br />
in all allowances that are automatically<br />
payable to a position to formulate the<br />
new ECN for each position.<br />
Now let’s look at my situation and how<br />
the numbers crunch out for a General<br />
Duties Constable on 1.5.<br />
My base wage is $2,095.10 per F/N or<br />
$54,460 per FY. Govt Super contribution<br />
per F/N is 377.12 per F/N or $9802.80 per<br />
FY. Member superannuation contribution<br />
per F/N is $125.71 per F/N or $3,267.60<br />
per FY. This is a total of $502.83 per F/N<br />
or $13,070.40 per FY.<br />
When you roll in the 21% OSA of $439.97<br />
per F/N or $11,436.60 FY to the base<br />
wage it would become $2535.07 per F/N<br />
or $65896.60 per FY. The Govt Super<br />
contribution would then rise to $456.31<br />
per F/N or $11,856.53 per FY. The<br />
member superannuation contribution<br />
would rise to $152.10 per F/N or $3953.80<br />
per FY. This is a total of $608.41 per F/N<br />
or $15,810.33 per FY. This is an increase<br />
of $105.58 per F/N or $2739.93 per FY.<br />
This is a total of an extra $54,798 over<br />
a 20 year period that would be paid into<br />
your superannuation account.<br />
There you go $54,798 extra for the cost<br />
of increasing your member<br />
superannuation contribution by $26.39<br />
per F/N or $686.14 per FY. Now this is<br />
truly money for jam.<br />
Greg Young<br />
Constable<br />
Fortitude Valley<br />
Editor’s Note<br />
Any gain for employees will be considered as a cost by<br />
the Government. There is no money for ‘Jam”. If there<br />
is an increase on the base pay, superannuation is taken<br />
into account when cost calculations are considered by<br />
the Government. At present, super is at 18% of base<br />
pay. The alternative is to have 9% paid on base plus<br />
allowances. This would fall short, money wise, when<br />
compared to 18% of base pay.<br />
Dear Editor,<br />
Just to clear a point. Since I have had a<br />
letter printed in the October issue of the<br />
<strong>Police</strong> Journal I have received a number<br />
of responses. It has shown me that a<br />
large number of people read the Journal<br />
and take note of other people’s issues.<br />
I believe that every reply I have had to<br />
this letter states that the points outlined<br />
are my ideas. The latest of these replies<br />
appears in the December issue of the<br />
Journal.<br />
I wish to thank Sergeant BETTANY of<br />
the Gold Coast Prosecutions for his<br />
reply. I must first state that wherever he<br />
obtained my rank from was out of date. I<br />
have in fact done a large amount of study<br />
already and completed a resume and<br />
for his information my title is Detective<br />
Sergeant. I thank him sincerely for his<br />
advice though.<br />
I would like to establish that for a person<br />
that spends his working life reading out<br />
other peoples work to a court Sergeant<br />
BETTANY appears to have completely<br />
misread my letter, which, as he likes<br />
quotes so much states, ‘following is a
40 • CORRESPONDENCE<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
list of suggestions I have received’. I did<br />
not state they were my ideas, nor did I<br />
say whether or not I supported them.<br />
It was merely food for thought. And it<br />
seems they have provoked some thought<br />
in Sergeant BETTANY. So Sergeant,<br />
when you quote, “Andrew proposes” and<br />
“Andrew asserts” you are in fact quite<br />
incorrect.<br />
I <strong>also</strong> don’t follow Sergeant BETTANY’s<br />
train of thought in regards to the ten<br />
weeks leave a year. How does that<br />
correlate to prosecutions being an<br />
important role? All roles within the<br />
Service are important. However to clarify<br />
a point for my learned friend, sometime<br />
prior to your career commencing, six<br />
weeks leave was obtained for shift<br />
workers. Day shift workers have the<br />
advantage of having public holidays<br />
off which amount to about another two<br />
weeks. Some time in the processes six<br />
weeks leave has <strong>also</strong> been granted to<br />
day shift workers. I am not blaming you<br />
for this. You still have two weeks of<br />
public holidays as well. The suggestion<br />
was put forward to sweeten the pot to<br />
make shift work a little more attractive.<br />
As a personal note, having spent about<br />
14 years as a QPUE representative<br />
supporting all branches of the Service<br />
and after 25 years of policing experience<br />
both with penalties and OSA, I do<br />
understand OSA work. Congratulations,<br />
you have arrested people from time<br />
to time. I was under the impression<br />
that that was part of our job being<br />
<strong>Queensland</strong> <strong>Police</strong>. I have <strong>also</strong> had to do<br />
Prosecutions work myself, so does that<br />
make us even?<br />
Perhaps your long career has clouded<br />
the issues for you that other police are<br />
having to cope with every day. I would<br />
submit that having to handcuff a person<br />
in the confines of a court room and walk<br />
them to the watchhouse, although being<br />
stressful, would be laughable to those<br />
officers who work in one and two man<br />
stations. They are forced to work on<br />
their own after being woken up at one<br />
or two o’clock in the morning and face<br />
an angry mum and dad hell bent and<br />
alcohol-fuelled in beating the crap out of<br />
each other in front of the kids and both<br />
deeply hate the police. These officers do<br />
this without the assistance of a partner<br />
because the Service is not supporting the<br />
smaller stations with relief during these<br />
periods.<br />
As clearly stated in my letter, these are<br />
points submitted from officers from<br />
different areas, they include traffic,<br />
generals, SOC, plain clothes, two man<br />
stations and yes, prosecutions. They are<br />
meant for you to read and as quoted,<br />
“think of the people that have put them<br />
in ….” Try to have a thought for where<br />
they are coming from and the conditions<br />
they are having to endure and wish to<br />
improve upon.<br />
Andrew Bailey<br />
Gympie Branch President QPUE<br />
Dear Editor,<br />
Recently I was hospitalised in<br />
Rockhampton for nine days with a<br />
reasonably serious illness. My admission<br />
to hospital was sudden and I had no<br />
time to gather personal items such as<br />
toiletries and clothes. My residence was<br />
two hours away from the hospital and<br />
since my wife was visiting family in<br />
Brisbane at the time, I had no way to<br />
get the changes of clothes or toiletries I<br />
ended up needing.<br />
Since the illness was not work related, I<br />
simply advised Gladstone Comms of my<br />
illness and as a result, my unavailability<br />
for duty. That started a chain of events<br />
that made me understand why I’ve seen<br />
and heard of police who’ve been in<br />
the job for while, consider their fellow<br />
brethren in blue to be like a second<br />
family.<br />
Before I was transferred from Baralaba<br />
Hospital to Rockhampton Hospital,<br />
the OIC of a neighbouring division,<br />
Goovigen, suddenly turned up. I had<br />
not asked for him to turn up but the<br />
first thing he did after being advised by<br />
Comms of my absence from work, was to<br />
turn up to Baralaba Hospital to ask me if<br />
I needed anything.<br />
Later I was transferred to Rockhampton<br />
Hospital where I underwent several<br />
unpleasant tests and long waits for<br />
results. The next day, I was lying in a<br />
hospital bed and suddenly I had senior<br />
management police including the<br />
Assistant Commissioner standing beside<br />
me. Just to make sure I was doing okay.<br />
A short time later I was visited by more<br />
senior police who at the A/Cs request,<br />
brought items to help the time pass and<br />
long days easier. The next day, another<br />
senior police officer turned up on his<br />
day off just to talk shop for a while. And<br />
this was on New Years Day.<br />
All the police who came to see me, right<br />
up to A/C, made it very clear that if<br />
there was anything I needed to help the<br />
recovery process or to help the time<br />
pass, these needs would be met.<br />
I remember thinking that these visits,<br />
offers of assistance and actions, felt like<br />
they were the sort of things that would<br />
come from close family members. And<br />
what surprised me about this was that<br />
the illness was not work-related.<br />
So, thank you to all those who visited<br />
and called. Especially to Gloves from<br />
Goovigen who went to great lengths to<br />
get to my residence, grab some personal<br />
items and bring them in to Rocky.<br />
Thanks to the management of the<br />
Gladstone District and Central Region for<br />
freeing him up to do so, and thanks for<br />
making me feel like a valued employee of<br />
the QPS.<br />
Regards,<br />
Adam HUMPHRYS<br />
Acting Senior Constable 19174<br />
Baralaba <strong>Police</strong><br />
Dear Editor,<br />
I was hoping you that you could publish<br />
an article in the next journal about<br />
the union’s understanding/position<br />
on whether the Industrial Relations<br />
Act overrides a certified enterprise<br />
bargaining agreement.<br />
I recently read the <strong>Queensland</strong> <strong>Police</strong><br />
<strong>Union</strong> of Employees “Minutes of the<br />
Executive Meeting held on July-15-2009’’<br />
on the QPUE website. This document<br />
describes Mr Geoff Simpson’s address to<br />
the Logan Branch on the issue of Non-<br />
OSA staff working public holidays.<br />
In part it reads: “Geoff Simpson<br />
addressed the meeting stating that<br />
our employment is governed by the<br />
Industrial Relations Act and overrides<br />
any EB agreement...so the Service can<br />
direct that no matter what section or<br />
area an officer is attached the Service<br />
can direct that <strong>Police</strong> Officer to work at<br />
any time.’’<br />
I found this statement curious as in 2003<br />
I sought the assistance of another one of<br />
the <strong>Union</strong>’s industrial officers in relation<br />
to this very issue.<br />
In my case I had taken Long Service<br />
Leave immediately after having<br />
performed a period of higher duties. I<br />
later found that s.46 ’Payment for long<br />
service leave’ of the Industrial Relations<br />
Act provides that: “if the employee is,<br />
immediately before taking the leave,<br />
being paid at a higher rate than the<br />
ordinary rate, the employer must pay the<br />
employee at the higher rate”.<br />
After I unsuccessfully attempted to<br />
remedy my claim with the Service, I<br />
contacted the <strong>Union</strong>. The industrial<br />
officer originally advised I had a valid<br />
claim, however after speaking with his<br />
contacts in the Service, he advised that<br />
he was unwilling to pursue the matter.<br />
The industrial officer advised that the<br />
Service had taken the position that the<br />
EB agreement prevailed over the Act as it<br />
passed the “no disadvantage test”.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 CORRESPONDENCE • 41 XX<br />
Seemingly, the Service’s position on<br />
whether the Act overrides an enterprise<br />
bargaining agreement fluctuates<br />
to whatever argument it finds most<br />
beneficial in the circumstance.<br />
Additionally, the <strong>Union</strong> appears to be<br />
unwilling to contest this issue. I would<br />
appreciate clarification on this issue as<br />
the July minutes give the impression my<br />
claim should have been pursued.<br />
Paul JONES<br />
Senior Sergeant 8030<br />
Service Operational Procedures<br />
Note from Editor: Section 46 of the Industrial<br />
relations Act refers to payment for Long Service<br />
Leave and makes reference that payment is<br />
at the higher rate unless a relevant industrial<br />
instrument states otherwise.<br />
Both the <strong>Police</strong> Service Award-State and EBA<br />
5 state otherwise in that the higher rate is<br />
payable after 12 months performance of higher<br />
duties. Any shorter time the leave is paid at<br />
the employees normal rate. (ie the rate before<br />
performing higher duties.)<br />
Editor’s Note<br />
From March, the<br />
journal will be<br />
running a date<br />
claimer for policing<br />
fundraisers,<br />
social events and<br />
functions. Please<br />
contact the journal<br />
editor so we can<br />
publicise your event<br />
in this column.<br />
journal@qpu.asn.au<br />
Ph: 3259 1966<br />
Journal Feb09.indd 13<br />
9/2/09 12:15:54 PM
42 • <strong>Police</strong> Health<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
When snoring becomes a health risk<br />
Loud snoring is an annoying complaint that affects<br />
millions of Australians. For partners the condition can be<br />
extremely irritating and lead to sleepless nights.<br />
For the snorer, the prognosis can be far more serious –<br />
chronic ill health or even death.<br />
Snoring is often a symptom of sleep apnoea, a common<br />
breathing disorder that regularly goes undiagnosed despite<br />
affecting around one in 20 Australians.<br />
Twice as many men as women are at risk of having the<br />
condition which can lead to high blood pressure, heart<br />
failure, stroke and even car accidents through tired drivers<br />
falling asleep at the wheel.<br />
The chances of developing sleep apnoea increase as you<br />
grow older and if you are overweight. It affects at least<br />
one in 10 people over the age of 65 and women are more<br />
vulnerable after menopause.<br />
Even though many people go through life unaware they<br />
are sufferers, there are tell-tale signs. Common symptoms<br />
resulting from poor quality sleep include tiredness, fatigue,<br />
memory loss, irritability and impotence.<br />
What is sleep apnoea?<br />
There are essentially three forms of sleep apnoea – central,<br />
obstructive and complex – and all relate to interrupted<br />
breathing during sleep.<br />
The most common form is obstructive sleep apnoea (OSA).<br />
This accounts for 84 per cent of cases and involves a<br />
physical block to airflow.<br />
Throat muscles that have the job of keeping airways open<br />
for breathing rest when we go to sleep. This can lead to<br />
OSA if:<br />
• The muscles relax too much.<br />
• The tongue and tonsils are unusually large.<br />
• There is too much fat tissue in the wall of the windpipe,<br />
a particular problem among overweight people.<br />
• People have the wrong head and neck shape.<br />
The risk of OSA is higher among smokers and is three times<br />
greater for people with diabetes.<br />
Central sleep apnoea is caused by a lack of respiratory<br />
effort, and is the least common form of the condition,<br />
accounting for less than one in 200 cases. It occurs<br />
when the neurological controls for regulating breathing<br />
malfunction and fail to give the signal to inhale.<br />
About 15 per cent of people with sleep apnoea have both<br />
obstructive and central, which is known as complex or<br />
mixed. This condition tends to occur when OSA is severe<br />
and longstanding, and episodes of central apnea develop.<br />
signs and symptoms<br />
The most common sign of obstructive sleep apnoea is<br />
chronic snoring, although even the loudest snorer may not<br />
have the condition. It’s when the snoring suddenly stops,<br />
with a pause in breathing followed by choking or gasping,<br />
that is the clearest signal.<br />
This reaction occurs when the oxygen level is dangerously<br />
low and the brain responds by rousing the sleeper.<br />
In cases of central sleep apnoea, snoring is not necessarily<br />
a symptom – the sleeper simply stops breathing. During<br />
this pause there is no effort made to breathe and there is<br />
no struggling.<br />
Immediately after the episode, breathing may be faster<br />
in order to emit retained waste gases and absorb more<br />
oxygen.<br />
Others signs and symptoms of the different forms of sleep<br />
apnoea may include:<br />
• Headaches and a dry throat when you wake up.<br />
• Tiredness, mood swings and feeling depressed.<br />
• Difficulty in concentrating.<br />
Children with sleep apnoea may be hyperactive, perform<br />
poorly at school and be aggressive. They may <strong>also</strong> have<br />
unusual sleeping positions, be prone to bedwetting and<br />
breathe through their mouths instead of their noses during<br />
the day.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 <strong>Police</strong> Health • 43<br />
If sleep apnoea goes untreated the long-term health<br />
consequences can be severe, particularly in serious cases.<br />
Sufferers have increased risk of high blood pressure,<br />
irregular heartbeats, heart attack, stroke and diabetes.<br />
Diagnosing sleep apnoea<br />
Despite the prevalence of sleep apnoea, it often goes<br />
undiagnosed. There are no obvious signs for doctors to<br />
detect during routine visits and there are no blood tests to<br />
reveal its presence.<br />
However, anyone who suspects they may have the<br />
condition should contact their GP, who will evaluate<br />
the various symptoms and explore if there is any family<br />
history.<br />
To help your doctor it is worth keeping a sleep diary for<br />
a couple of weeks. Make a note of how well you sleep and<br />
ask your partner about any snoring patterns. Write down<br />
any other symptoms, particularly if you feel tired during<br />
the day.<br />
Evaluation of these factors together with a physical<br />
examination of your mouth, nose and throat will help your<br />
doctor with a diagnosis. Patients suspected of sleep apnoea<br />
may require further tests such as an overnight sleep study.<br />
This is usually conducted in a specialist sleep centre or<br />
hospital where your breathing can be monitored while you<br />
sleep.<br />
Diagnostic tests often include a polysomnogram, or PSG,<br />
which records factors such as brain activity, eye movement,<br />
breathing and heart rate and the volume of air breathed<br />
during sleep.<br />
A PSG is painless. All you have to do is sleep with various<br />
sensors attached to different parts of your body.<br />
Other tests include monitoring carbon dioxide levels, the<br />
amount of oxygen in your blood and how well you remain<br />
awake.<br />
Treatment options<br />
The good news for people with obstructive sleep apnoea<br />
– and their partners – is that there are several effective<br />
treatment options. Lifestyle changes can help clear up the<br />
condition, particularly in mild cases.<br />
Options include losing weight, cutting down on alcohol<br />
consumption, stopping smoking and avoiding medications<br />
such as sleeping tablets which relax the throat muscles.<br />
Because older, overweight men have a higher risk of OSA,<br />
eating healthy and regular exercise are both important.<br />
Sufferers can <strong>also</strong> try sleeping on their side and not on<br />
their back which helps keep the throat open.<br />
In many patients, correcting any underlying medical<br />
conditions, such as large tonsils or low thyroid hormone<br />
levels, is sometimes enough to treat the condition.<br />
In more severe cases, a CPAP (continuous positive airway<br />
pressure) mask, nose or throat surgery, or a specially<br />
designed mouthguard may be necessary.<br />
Studies suggest that up to 20 per cent of central sleep<br />
apnoea cases resolve without treatment.<br />
When conditions persist, treatment options include oxygen,<br />
nasal CPAP, or bi-level positive airway pressure (BiPAP).<br />
Some types can <strong>also</strong> be treated with drugs that stimulate<br />
breathing.<br />
Ask your doctor<br />
Remember, sleep apnoea is a potentially dangerous<br />
condition, so speak with your doctor if you believe you are<br />
at risk.<br />
Your health fund<br />
<strong>Police</strong> Health members who have Hospital Cover can claim<br />
benefits towards the cost of a sleep study conducted by a<br />
recognised sleep physician in hospital.<br />
You may <strong>also</strong> be eligible for benefits toward the cost of<br />
a CPAP machine if you are subsequently diagnosed with<br />
sleep apnoea and require treatment. Center 3886200
THE QUEENSLAND RETIRED POLICE<br />
ASSOCIATION NEWS – FEBRUARY 2010<br />
By Greg Early, State Secretary, Ph 3863 1180<br />
Email greg.early@qpcu.org.au<br />
MESSAGE FROM<br />
THE Q.R.P.A. STATE PRESIDENT M J (MICK) O’BRIEN<br />
QRPA<br />
On behalf of the State Management Committee I wish<br />
all members and friends a very happy new year and a<br />
prosperous and healthy one for us all. By the time this<br />
message is circulated, we are confident that we will have<br />
achieved our goal of creating our much awaited 16th<br />
Branch between Brisbane and the Gold Coast.<br />
This has been a long term goal and we are pleased to<br />
have provided another venue for our retirees and their<br />
partners to meet in fellowship and provide support for<br />
each other in times of need. Max Moloney and Darryl<br />
Murtha have worked with the SMC to achieve this goal.<br />
Evidence of the fellowship and support we provide for<br />
our membership is very obvious as you read through the<br />
activities of our Branches in this Journal. We note the sad<br />
news that our member in Roma, Glenda Campbell, has<br />
suffered a serious stroke and is being cared for in hospital<br />
by her beloved daughters. Glenda is the widow of Brian<br />
Campbell who played such a huge part in the Near<br />
North Coast Branch and in the Bribie Island community<br />
for many years. Our thoughts and prayers are with her<br />
and all those in our police family who are not enjoying<br />
the best of health at this time.<br />
We must be very close now to the commencement date<br />
of the initial public presentations of the <strong>Queensland</strong><br />
<strong>Police</strong> Service Medal to our members and other retirees.<br />
We look forward to the start of this roll-out as more and<br />
more retirees are learning of the existence of the medal<br />
and making application for it.<br />
The annual luncheon season has kicked off with the<br />
inimitable Terry Walker and his members of Redlands<br />
Branch running another happy and successful function.<br />
We are pleased to see Terry’s health improving and<br />
we pray that this continues. Greg, as well as the other<br />
Secretaries, lists the functions in their reports so we have<br />
plenty of notice of forthcoming events. Again, I would<br />
ask all to support the luncheons, and the annual dinner<br />
in Rockhampton, as the Branches go to considerable<br />
trouble to make the functions an enjoyable occasion.<br />
It is <strong>also</strong> another opportunity for us all to support the<br />
<strong>Police</strong> Legacy Scheme by buying up the raffle tickets for<br />
the wonderful array of prizes always provided. On most<br />
occasions the prizes are supplied by the Branch members,<br />
<strong>Queensland</strong> <strong>Police</strong> Credit <strong>Union</strong>, <strong>Police</strong> Legacy, as well<br />
as local supporters of the Branch.<br />
All Branches are encouraged to approach their local<br />
businesses for support as it has been established that<br />
they are very well disposed to make a donation to the<br />
Branch in return for support by way of an advertisement in<br />
the Branch monthly newsletter. Our friends in the Brisbane<br />
and Northern Suburbs Branch of the NSW Retired <strong>Police</strong><br />
Association have been particularly successful with this<br />
fund raiser.<br />
The annual <strong>Police</strong> Legacy Bowls Days are now set in<br />
concrete for the Association’s effort in Brisbane at the<br />
Wavell Heights Bowls Club and for Bundaberg’s great<br />
day at Bargara Bowls Club. I am confident that other<br />
Branches can copy the efforts of Bundaberg and others<br />
by becoming more active in this regard and getting out<br />
within their community and having a charity day to show<br />
that even as retired police we still care for the community<br />
in which we live.<br />
Many older members will remember the hard work done<br />
by Life Member, John Cummins, as State Secretary during<br />
the period when the Association fought many battles<br />
with government and other bodies to improve the lot of<br />
retired police officers and their families. John was always<br />
assisted by his wife Maureen who was <strong>also</strong> honoured with<br />
Life Membership for consistent and excellent work for<br />
the Association over many years. John has now retired<br />
as a Director of the <strong>Police</strong> Credit <strong>Union</strong> after almost 30<br />
years continuous dedicated service to the membership,<br />
with five of those years as Chairman. John was earlier<br />
awarded with the OAM for his services to the policing<br />
community over many years. I am sure you all join with<br />
me in wishing John and Maureen well in their retirement<br />
and pray that it is a long and healthy period where they<br />
can relax and enjoy their time together and with their<br />
extended family.<br />
In conclusion, I remind all members again to be ever<br />
ready to assist the various Welfare Officers in our Branches<br />
to visit and assist our retirees in their old age or ill health.<br />
We thank those people carrying out this important work<br />
for the Association. On this occasion I mention and thank<br />
Ron Rooke at Bundaberg for his persistent efforts with<br />
others for the welfare of the retirees and their families in<br />
his area and offer him our best wishes that he recovers<br />
very soon from the serious injuries he received recently<br />
in a road accident. Ron, one of the legends of the QPS,<br />
remains in the memory of all those who at least flew once<br />
with him in a tiny Cessna as every flight was memorable<br />
and at times could be scary for one reason or another.<br />
However his flying skills were never in doubt.<br />
God Bless and best wishes to all.<br />
M.J. (Mick) O’Brien, State President QRPA Inc.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 QRPA • 45<br />
FUTURE LUNCHEON IN 2010: Redlands at Redlands<br />
Sporting Club 11.30 am 23 February 2010, Hervey Bay at<br />
RSL Club on Tuesday 15 June 2010, Van Diemen’s Land<br />
– AGM and dinner 19 June 2010 at the Great Lake Hotel,<br />
Miena, Tasmania, and Bundaberg at the RSL Club on 1<br />
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: 1 March 2010 – latest on fraud – Det Sen<br />
Constable Rod Shelton and 12 April (not 5 April) – Det<br />
Inspector Gary Watts, Task Force Hydra – outlaw motor<br />
cycle gangs.<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: Bargara<br />
Bowls Club on 10 May 2010.<br />
POLICE HEALTH – HEALTH INSURANCE: This Fund has<br />
long been recognized for its outstanding service to its<br />
members. The State Management Committee has found<br />
that a past employee of the <strong>Queensland</strong> <strong>Police</strong> Service<br />
who worked for it at anytime since 1 January 2001 can<br />
join. Some members of QRPA may be eligible. Inquiries<br />
should be directed to free call 1800603603.<br />
NEW MEMBERS: Former Brevet Sergeant (N.T) Robert<br />
Bruce Materna (Bundaberg), former Detective Senior<br />
Sergeant Phillip John Clohesy (Beenleigh/Logan), former<br />
Senior Constable Matthew Thomas Dale (Ipswich),<br />
former Inspector Ross Lindsay Melville (Brisbane), former<br />
Constable (Essex <strong>Police</strong>) Derek Andrew Hill (Redlands),<br />
former Inspector Jillian Mary Steinkamp (Brisbane), former<br />
Senior Constable Graham Leslie Newman (Hervey Bay)<br />
and former Constable Susan Ann Burgess (Near North<br />
Coast).<br />
NEW ASSOCIATE MEMBERS: Denise June Hansen, spouse<br />
of Dennis Hansen, Lorraine Hansen, widow of former<br />
Superintendent Warren Hansen, and Beverley Houley,<br />
widow of former Sergeant Max Houley, (all Mackay/<br />
Whitsunday), Patricia Ann Buchbach widow of former<br />
Sergeant Raymond John Buchbach, Margaret Anne<br />
Macnaughtan, spouse of Member Neil Macnaughtan<br />
and Norah Gwenllian Spreadborough, widow of Sidney<br />
Griffith Spreadborough (all Mackay/Whitsunday), Patricia<br />
Rose Gray, spouse of Member Dave Gray, and Joyce<br />
Mary Newman, spouse of Member Graham Newman<br />
(both Hervey Bay).<br />
RECENT OBITUARIES – May They Rest in Peace.<br />
Senior Member: Former Sergeant Barry John Roveta 19<br />
January 2010; Member: Former Sergeant Gregory Edward<br />
Dixon 30 December 2009, former Constable 1st Class<br />
Leo John McCartin service 4 January 2010 and former<br />
Sergeant 1st Class Edmund Geoffrey Little 22 January<br />
2010; Associate Member: Clare Bench 23 December<br />
1009; Non Members: Former Sergeant Terence John<br />
Hawkins 10 December 2009, former Sergeant 2/c/Senior<br />
Technical Officer Elwyn Winwood (George) Kreis 13<br />
December 2009, former Senior Constable Glenn Whitton<br />
11 January 2010 and former <strong>Queensland</strong> <strong>Police</strong> Officer<br />
Leonard James Nettle service 25 January 2010. Family:<br />
Joyce Winifred Perrin, mother of State Vice President<br />
Janet Brady, service 18 December 2009, Merle Joyce<br />
Phillips, widow of former Superintendent Sid Phillips,<br />
mother in law of retired Senior Sergeant John F Wilson,<br />
and grandmother of current serving Sergeant Grant C<br />
Wilson, Coolangatta,10 January, 2010, 91 years, Joan<br />
Cumner, widow of former Inspector and Member Keith<br />
Cumner and sister of former Assistant Commissioner and<br />
Member Laurie Pointing, 17 January 2010, 84 years and<br />
aunt of serving officers Brett, John and Glen Pointing.<br />
WELFARE REPORTS MENTIONED AT THE BRISBANE MEETING<br />
ON 7 DECEMBER 2009: Gerry Cremin’s wife has been in<br />
hospital again. Milton (Bill) Hasenkam has had a medial<br />
ligament operation and is resting up at home. Associate<br />
Member Glenda Campbell had a major stroke early in<br />
January while driving her car in which she ran into another<br />
car in Roma. Her daughter is looking for a nursing home<br />
for her and is making sure she is kept updated with<br />
the activities of QRPA. Arthur Zillmann has had another<br />
stint in Wesley Hospital. He has been moved out of the<br />
ICU and is slowly improving. Bill Powell, who turned 100<br />
on 18 November last year, had a fall getting out of his<br />
daughter’s car after attending a New Year dinner. He<br />
suffered injuries to his pelvis and shoulder but was able<br />
to ring Ernie Benson, Secretary/Treasurer, Rockhampton<br />
Branch, on 31 January and advised it was the first day<br />
he could get fully dressed and sit on the side of his<br />
bed.<br />
VETERAN CERTIFICATE: (These are issued to members (not<br />
life members) who are over 75 years of age and have<br />
ten years financial continuous membership): Desmond<br />
Thomas CARMODY, Ronald Barrie COPE, Raymond<br />
Geoffrey HUNTER and Donald TEAGUE.<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): Edward George DUNDAS,<br />
Basil Joseph GLOVER and Garry Martin RYAN.<br />
OVER 90: John William FERGUSON - 90 on 26 January<br />
2010, Frederick Stanley HASS – 92 on 14 January 2010<br />
and Albert Ernest MAIER - 92 on 13 January 2010.<br />
QUEENSLAND POLICE SERVICE MEDAL: Approximately<br />
350 applications have been received and are presently<br />
at Ethical Standards Command for vetting. Of those 350,
46 • QRPA<br />
25 have been approved and a medal order has been<br />
lodged. The State Management Committee is forwarded<br />
lists so that the Committee can offer any comment<br />
which might assist the Commissioner when deciding<br />
on applications. The application form is available on<br />
the QPS website (www.police.qld.gov.au), from Branch<br />
Secretaries, from the Honours and Awards Unit of QPS<br />
(33646876) or from myself.<br />
NEW BRANCH AT LOGAN/BEENLEIGH: The State<br />
Management Committee has approved an application<br />
by former Inspectors Max Moloney and Darryl Murtha to<br />
form a Branch to be known as Logan/Beenleigh at the<br />
Beenleigh PCYC on 11 February 2010. More information<br />
about the formation will be provided next month.<br />
AROUND THE BRANCHES<br />
IPSWICH: Our annual Christmas luncheon was held<br />
at Brothers Leagues Club on the 16 December 2009.<br />
Distinguished guests included Assistant Commissioner<br />
Col McCallum, Superintendent Garth Pitman, Detective<br />
Inspector Mick Niland, Senior Sergeants Bob Phillips<br />
and Darryl Wensley, Mr. Mick O’Brien, Mr Greg Early,<br />
Mr. Merv Bainbridge and Mr and Mrs Len Bracken, all<br />
from the <strong>Queensland</strong> <strong>Police</strong> Credit <strong>Union</strong>, Mr and Mrs<br />
Warner Fitzgerald, Mr and Mrs Neil Hooper, Mr. Ted Dale<br />
and Ms. Val Phillips. New member Mat Dale of Rosewood<br />
was welcomed and apologies were received from Mr<br />
Grant Devine, CEO of the <strong>Queensland</strong> <strong>Police</strong> Credit<br />
<strong>Union</strong>, former Assistant Commissioners Roly Dargusch<br />
and George Nolan, Mr and Mrs Burgemeister, Mr and<br />
Mrs Petersen, Mrs Raatz, Mr Pat Moffatt, Mr and Mrs Bill<br />
Hayden, Chaplain Dennis Bryant who was transferred<br />
to Mt. Isa, Mr Ted Roberts and Mrs Rosyln Rooney.<br />
Chaplain Rod Strong officiated with a prayer and grace<br />
before presentations were made by guest speakers<br />
Commander Steve Grant, AFP, and former Qld <strong>Police</strong><br />
Officer, and Scott Hill, Brisbane Airport Corporation<br />
Security Services Manager. Numerous raffle prizes were<br />
won and delivered thanks to the sponsors who were<br />
<strong>Queensland</strong> <strong>Police</strong> Credit <strong>Union</strong>, Stefan Hairdressing,<br />
P A Hotel Booval, Doreen and Arthur Edwards, Len and<br />
Val Gannon, Bob and Bev Latter, Gaye’s Hairdressing,<br />
Strand Hotel North Ipswich and Brothers Leagues Club.<br />
(Ken Martin).<br />
ROCKHAMPTON: Member Ian Hall advised that he<br />
cancer has been found in one of his kidneys. The<br />
discovery was made after undergoing tests for injuries<br />
he sustained from an accident when he and his wife’s<br />
motorcycle collided with a car. A Surgeon in the Brisbane<br />
P.A. Hospital on 5/1/10 attempted keyhole surgery but<br />
failed as kidney was too large. Open surgery removed<br />
an enlarged kidney 11 inches long weighing 5.5 kgs.<br />
The cancer has not spread. He is recovering slowly at<br />
home with wife Bev who suffered a broken collar bone<br />
(clavical) in the accident. My wife, Associate Andrea’s 30<br />
cm “degloving” of her right shin from a fall off a ladder<br />
in late November, has healed well except for a lower<br />
10 cm X 5cm which requires a skin graft on 01/02/10<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
at Rockhampton General Hospital. Glen Guley and wife<br />
Shirley made a trip to Melbourne after New Year to see<br />
his nephew, Scott Johnson, who played a leading role<br />
as Tommy Devito in the Play “The Jersey Boys”. For the<br />
old Rockers, Scott is the son of Kev Johnson whose song<br />
“Rock and Roll I gave You the Best Years of My Life” was<br />
a hit back in them old days. (Ernie Benson).<br />
FAR NORTH QUEENSLAND (CAIRNS): We held our quarterly<br />
meeting/luncheon at Brothers Leagues Club on 29<br />
January. Acting Assistant Commissioner Paul Taylor<br />
and Detective Inspector John Hartwell were our guests.<br />
Apologies were received from Jock MacDonald, Noel<br />
and Joan Holding and Viv and Cath Finter. On 17<br />
December 2009 Vice President Ray Stubbins and myself<br />
attended the official commissioning of the Desmond<br />
Trannore Bridge (Mulgrave River) which is near the town<br />
of Gordonvale. Also present was a large gathering of<br />
the public, together with Government representatives<br />
and Assistant Commissioner Andy Henderson with many<br />
<strong>Police</strong> Officers. (Perhaps this may be considered a<br />
final chapter in the history of Des Trannore). Our next<br />
luncheons will be 26 February and 26 March while our<br />
quarterly meeting/luncheon will be held on 30 April at<br />
Brothers Leagues Club. (Don Condie).<br />
SUNSHINE COAST: Fifty seven people attended our<br />
Christmas luncheon. Greg Rainbow was presented with<br />
a Certificate of Appreciation for his work in helping<br />
our widows and some of the older members who<br />
have difficulty doing yard work. Thanks for this work,<br />
again, Greg. Jack and Arlene deVlaming have arrived<br />
in Maroochydore on their annual escape from the<br />
Canadian winter. We will again be welcoming them to<br />
our meetings. To our other RCMP member, Ron Smith has<br />
had a few stays in hospital for a heart condition. We<br />
pray for his recovery and hope that one day he might<br />
be able to come over here again. Margaret Williams<br />
has returned from her latest overseas trips (to Japan and<br />
New Zealand). She has quite a few interesting stories to<br />
tell. (David Betts).<br />
GYMPIE: Happy New Year to all members and executive<br />
of the State Management Committee. Our members<br />
have not as yet held a meeting in 2010 so we are looking<br />
forward to our first which will be held at the Cooroy RSL<br />
Club on 3 February. It will be a good occasion to catch<br />
up with all members and hear how various trips and<br />
festivities played out. We have two new members going<br />
into 2010, Leigh Burt and Fred Palmer. It is reassuring to<br />
know that our little Branch is still growing. Hopefully, by<br />
the end of this year, we will be able to welcome in even<br />
more new faces with whom to exchange experiences<br />
and good times. As we have not caught up yet we<br />
assume that no news is good news and all are in good<br />
health in our little corner of the world. (Norm Breen).<br />
GOLD COAST: They met on 1 December 2009 at the<br />
Currumbin RSL Club. Arthur Jones thanked the executive<br />
for their work throughout the year. Des Sorensen<br />
mentioned the proposed meeting to be held at the
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10 QRPA • 47<br />
Runaway Bay <strong>Police</strong> Station this year and he suggested<br />
that May would be most appropriate. Everyone present<br />
agreed. It was suggested that a letter of appreciation<br />
be sent to Senior Sergeant Murray Underwood the o/c<br />
of Runaway Bay to thank him and his staff for providing<br />
morning tea for our members. Tony Murphy and Graeme<br />
Dank are still unwell. It is pleasing to report that our<br />
Christmas luncheon held at the Twin Towns Services Club<br />
was an outstanding success. Sixty-three guests attended<br />
as compared with 58 in 2008. Another excellent event<br />
organised by our Social Secretary, Neil Raward. Sadly<br />
I have two deaths relating to our Branch to report. On<br />
17 January Joan CUMNER, widow of Life Member and<br />
former President of our Branch Keith Cumner, passed<br />
away and on the 27 January the funeral was held for<br />
Jeanette JOHNSTONE, wife of Life Member and former<br />
Secretary of our Branch, Don Johnstone. We were<br />
represented at both funerals by our President and other<br />
members. My recent four monthly visit to the specialist<br />
revealed that my PSA blood reading is climbing again<br />
which may mean that the radiation didn’t work. I will<br />
have a further check up in four months time. It was<br />
good to see that Peter Scanlan and his wife were able<br />
to make it to our Xmas luncheon. His condition appears<br />
to have stabilised and he goes for his next round of tests<br />
in February. Phil Clohesy was operated on last week<br />
for prostate cancer and early indications are that the<br />
operation was a total success. One of our members,<br />
Clem Edwards, recently underwent knee surgery and<br />
is now well on the way to recovery. Clem is a former<br />
Detective Sergeant and a legend here on the coast for<br />
some of his exploits. He played Rugby League for NSW<br />
Country in his younger days and the knee surgery is a<br />
legacy of those days. Ross Rigney has had a further<br />
stint in the John Flynn Hospital and is now at home<br />
convalescing. (Des Sorensen).<br />
DARLING DOWNS: As we start a new year we thought<br />
we can look forward to a better one than last year. But<br />
this has not been so. We have lost Geoff Little, one of<br />
the hardest working members of our Branch. He and<br />
his friend Joyce attended many sister luncheons and<br />
were the first to put their hands up for our raffles etc. His<br />
funeral was held on Thursday 28 January and we gave<br />
him a great send off. He suffered a quick and severe<br />
illness and his sudden passing was a shock to us all. In<br />
addition, Bob Scarff will enter Greenslopes Hospital for a<br />
heart operation in February and is expected to be there<br />
for five or so days. Sam Searle does not drive these days<br />
and is in need of assistance. Thanks to our hard working<br />
members, we have been able to get him to events as<br />
required. Vice President Kev Weise is our resident taxi<br />
driver and he is <strong>also</strong> working on getting tenders for our<br />
memorial wall. (Graham Hohenhaus).<br />
NEAR NORTH COAST: Our 18 January meeting was held at<br />
the Bribie Island RSL Club. Jack Gibbison has had a stint<br />
in Caboolture Private Hospital. While he was quite ill at<br />
the time and suffering from shortness of breath, he has<br />
improved in recent times. It was good to see Peter and<br />
Carmen Aebersold at our January meeting. Peter has<br />
been suffering a lot of pain. Peter Verney suffered some<br />
mystery virus but is now back to full health. Don Finlay is<br />
doing it tough. Albert Maier celebrated his 92nd birthday<br />
on 13 January and was congratulated by all present on<br />
reaching that milestone. They found their recent around<br />
Australia voyage most enjoyable and recommend it to<br />
anyone contemplating such a trip. Good feelings have<br />
been expressed about our luncheon at the Caboolture<br />
Golf Club on 23 November 2009. On 5 December<br />
2009 members Jack Gibbison, Mary Donovan, Len and<br />
Jeanette Taylor, Helen and I attended the NSW Retired<br />
<strong>Police</strong> Luncheon where we not only had a good time but<br />
won many prizes. Our new member is Susan Ann Burgess,<br />
a former police officer who is the daughter of member<br />
Eric Hopper. Jim Robilliard and his wife Margaret have<br />
been down with the flu and Jim’s immune system is very<br />
low. (Col Guy).<br />
BUNDABERG: Our first meeting in 2010 was held at the<br />
Brothers Club on 29 January. The Annual luncheon in<br />
December was excellent, with 106 attending the event.<br />
The venue and meal proved to be great and the venue<br />
has already been booked for Wednesday 1 December<br />
this year. On the welfare side, Ron Rooke has been<br />
discharged from Hospital and is back home in Barolin<br />
Street. He is receiving good care from the welfare<br />
agencies. Members of the executive QPCU made his<br />
day recently when they rallied to replace his favourite<br />
QPCU shirt which was cut from him after his horrific<br />
accident. Many thanks to Mick O”Brien, Greg Early and<br />
Grant Devive of the QPCU for this really kind gesture.<br />
Doug and Marie Hoare were very ill with a severe bout of<br />
the dreaded flu, as was President Bob Hayes. Thankfully<br />
they are all well again now. The annual <strong>Police</strong> Legacy<br />
bowls day has again been booked in for May the 10th<br />
at Bargara Bowls Club. (Grannie Pearce)<br />
TOWNSVILLE: Our Christmas luncheon was held on our<br />
usual meeting date at the Townsville RSL Club. We had<br />
37 members, 13 guests and visitors and <strong>also</strong> four artists.<br />
Among the visitors were Assistant Commissioner Clem<br />
O’Regan and his wife Jenny, the State President Mick<br />
O’Brien, <strong>Police</strong> Credit <strong>Union</strong> representative Phil Hocken<br />
and the President of the Townsville Branch of the RSL<br />
Rod McLeod. Other visitors included four members from<br />
the Mackay/Whitsunday Branch - Les Campbell, Dennis<br />
Hansen, Michelle Sheehan and Neil Kidd. It was great<br />
to <strong>also</strong> welcome our regular Christmas visitors Gordon<br />
Duncan and Brian Weston as well as Vera Kay (Gordon<br />
Thomas’ sister) and Pam the wife of our newest member<br />
Don Barter. As usual the meeting commenced with a<br />
minutes silence in memory of members who had passed<br />
away. Father Lindsay Howie given the pleasing task of<br />
cutting the Christmas /Birthday cake, which had been<br />
made and iced by Joan Maynard, on behalf of all persons<br />
celebrating a birthday. Mick O’Brien presented Margaret<br />
Kelly with a copy of the Branch’s Formation Certificate, in<br />
honour of her late husband Mick. Certificates were <strong>also</strong><br />
presented to Charles Bopf, Jack Sanderson and Terry<br />
O’Halloran. Roy Hielscher had been presented with his<br />
copy at a previous meeting. A great time was had by all
48 • QRPA<br />
in attendance. We were entertained by Roy Hielscher<br />
on his electric key-board, Gordon Thomas on his piano<br />
accordion and five visiting artists who sang numerous<br />
Christmas Carols. (John Urquhart).<br />
HERVEY BAY: Our last meeting was held on 19 January<br />
2010. It was fairly sombre, as a large number of<br />
members had only recently attended the funeral of<br />
new member Greg Dixon. Greg was in the Hervey Bay<br />
Water <strong>Police</strong> for many years and had only been retired<br />
for a couple of years. Our guest speaker for the meeting<br />
was Maureen England of Hervey Bay Centre Link. A<br />
special welcome was <strong>also</strong> extended to Maryborough<br />
District <strong>Police</strong> Chaplin, Father Paul Kelly. Vera King<br />
has been in hospital in Brisbane with heart problems<br />
but has since returned to the Bay. Roger Barlow is still<br />
having back problems but we are led to believe his<br />
bowling arm is still in good condition. Vic Burgess was<br />
involved in a traffic accident where he received severe<br />
bruising. Bevan Bradshaw has had tests on his heart but<br />
things must be pretty good as his wife Margaret was at<br />
home packing the caravan for their annual pilgrimage<br />
to Scarness Caravan Park. We believe they are that<br />
close to the park that they don’t even have to start<br />
their car, as it’s just a matter of rolling down the hill. We<br />
have new applications for membership from Graham<br />
Newman and his wife Joyce. Grahame retired from<br />
the QPS in 1975 and bought a shop at Burrum Heads.<br />
Our next meeting will be the ‘Norm Sprenger Show’ as<br />
both our President and Secretary will be overseas on<br />
holiday. Norm will be filling in on both portfolios in their<br />
absence. Our Branch BBQ will be at Ron Beaton Park,<br />
The Esplanade, at 11.00am on 19 February, 2010, while<br />
our next meeting will be at the Hervey Bay RSL Club on<br />
Tuesday 16 March 2010. (Geoff Flood).<br />
REDLANDS: Thirty-one met at Redlands Sporting Club<br />
on 19 January 2010. Our President, Terry Walker was<br />
welcomed back after missing meetings since October<br />
2009 due to illness. Terry thanked all the members for<br />
their support and good wishes. He <strong>also</strong> thanked the<br />
committee members for their assistance in conducting<br />
the meetings in his absence. He tried to correct the<br />
“vicious rumour” that he was in hospital by stating that<br />
he and June were in fact on an extended world cruise.<br />
This received the expected response. It was good to<br />
see that Terry has not lost his sense of humour. Ted Dale<br />
is not travelling too well at present. It appears that he<br />
has not fully recovered from his recent stay in hospital.<br />
Ted celebrated his 87th birthday on 13 January. The<br />
2nd annual luncheon of the Redlands Branch is to<br />
be held at the Redlands Sporting Club at Wellington<br />
Point on Tuesday 23 February 2010. Our new “raffle<br />
co-ordinator” John Maher is doing a great job. There<br />
have been a few smiling faces when their numbers<br />
have been called out. Next meeting will be on 23<br />
March 2010 at the usual venue. (Allan Nicol).<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Feb 10<br />
A letter from Derek Nichols thanked the Branch for all<br />
the support over the past 6 months. Arnold Mossman<br />
advised that his bowel cancer has returned and he<br />
will be back on chemotherapy. Derek Nichols is doing<br />
well and received a good report on his recent visit to<br />
doctors. Gordon Jones advised that wife Heather was in<br />
St Andrews Hospital in Brisbane – he is unsure when they<br />
will be back in Gladstone. President Mal is working on a<br />
calendar of events for next year with likely venues being<br />
Boyne/Tannum, Mount Larcom, the Marina and the<br />
Gladstone <strong>Police</strong> Station. President Mal acknowledged<br />
the generous donation of prizes by Peter and Helen<br />
Vale, Darryl and Judith Saw, Denis Connolly and John<br />
Sayre. A separate letter will be sent to non-member Nick<br />
Schedney for his donation. Members then enjoyed a<br />
delicious morning tea before an entertaining game of<br />
barefoot bowls followed by Christmas lunch.<br />
MACKAY/WHITSUNDAY: West Tigers Football Club at<br />
Walkerston was the venue for their January 16 meeting.<br />
Their guest speaker was John Weinrich, Registered<br />
Nurse. He is the local representative for a product<br />
called VitalCall. John spoke about the product which<br />
is designed to provide a telephone link to relatives,<br />
carers and ultimately the ambulance service for people<br />
who are frail, elderly, disabled or with specific medical<br />
conditions which could jeopardise that person’s well<br />
being while they are alone. John <strong>also</strong> announced a<br />
generous discount for all QRPA members which has no<br />
time limit. Much discussion ensued about the decision<br />
made by the Commissioner not to grant the QPS Medal<br />
posthumously. This matter was referred to the State<br />
Management Committee for further consideration.<br />
VAN DIEMEN’S LAND (TASMANIA): A quiet time for the<br />
Branch over the holiday period but with schools going<br />
back it’s getting very busy around the State. February –<br />
April is ‘grey nomad’ season in Tasmania with hundreds<br />
of motor homes about and with a national motor<br />
home gathering in March it will be hectic. Don’t forget<br />
if travelling this way and need help let us know. Our<br />
next meeting is at Ross, for a BBQ at Steve and Val<br />
Kummerows. We already have great response for our<br />
first annual dinner in June. All the best from the Apple<br />
Isle. (Andy Beasant).<br />
All the best to you and your family.<br />
Regards.<br />
Greg Early, State Secretary, QRPAI<br />
GLADSTONE: Their Christmas meeting was held at the<br />
Calliope Central Bowls Club on 1 December 2009.