General Secretary's - Queensland Police Union
General Secretary's - Queensland Police Union
General Secretary's - Queensland Police Union
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APRIL 2010<br />
OFFICIAL PUBLICATION OF THE QUEENSLAND POLICE UNION<br />
OVER THE LIMIT<br />
Booze, bashings and brutality on our streets<br />
QPUE Conference Running man Car Theft Sting
CONTENTS<br />
cover story Page 27<br />
Over The Limit<br />
She is not sure of how tonight will go – her crew is down to<br />
16 as four officers have been sent to Operation Stopper to<br />
target drink drivers.<br />
<strong>General</strong> President<br />
<strong>General</strong> Secretary<br />
Asst <strong>General</strong> Secretary<br />
EXECUTIVE MEMBERS<br />
<strong>General</strong> Vice President and<br />
Northern Region<br />
Far Northern Region<br />
Central Region<br />
North Coast Region<br />
South Eastern Region<br />
Southern Region<br />
Metro North Region<br />
Metro South Region<br />
HQ & COC Region<br />
UNION STAFF<br />
Industrial<br />
Industrial Support<br />
Executive Secretary<br />
Finance<br />
Legal<br />
Solicitor<br />
Legal<br />
Barrister (Retained)<br />
Editorial Coordinator and<br />
Media/Government Relations<br />
Journal Editor<br />
IT Admin<br />
Membership<br />
Reception<br />
COMMITTEES<br />
Executive Committees and<br />
Committee Members<br />
Legal<br />
WPH&S<br />
Rules<br />
Ian LEAVERS<br />
Mick BARNES<br />
Denis SYCZ<br />
Mick Gerrard<br />
Denis FITZPATRICK<br />
Bill FELDMAN<br />
Des HANSSON<br />
Bob SMITHSON<br />
Darren Lees<br />
Shayne Maxwell<br />
Tony COLLINS<br />
Paul MULLEN<br />
Geoff SIMPSON<br />
Stephen MAHONEY<br />
Chris STEPHENS<br />
Rosemary FEATHERSTONE<br />
Janice GADEN<br />
Allan SUTTON<br />
Calvin GNECH<br />
Wendy MACDONALD<br />
Donna BLACK<br />
Troy SCHMIDT<br />
Ross MUSGROVE<br />
Paula Doneman<br />
James JOHNSTON<br />
Kaye ELLIS<br />
Carly Beutel<br />
Melissa LindNer<br />
D. Fitzpatrick (Chair)<br />
M. Gerard<br />
B. Feldman<br />
T. Collins<br />
T. Collins<br />
B. Smithson<br />
D. Fitzpatrick<br />
S. Maxwell<br />
B. Smithson (Chair)<br />
T. Collins<br />
P. Mullen<br />
D.Lees<br />
It’s midnight Friday as Sergeant Kayt Howe logs on as car<br />
B430 to Brisbane Communications, one of the call signs for<br />
Fortitude Valley police.<br />
Regional Roundups<br />
2 <strong>General</strong> President‘s Message<br />
3 <strong>General</strong> Secretary’s Message<br />
4 Metro South Region<br />
5 North Coast Region<br />
6 Far Northern Region<br />
7 Central Region<br />
8 Southern Region<br />
9 South East Region<br />
Features<br />
11 EBA6 – Update<br />
12 Winners Of The Best AO Award<br />
15 2010 Annual Conference<br />
21 No Cop Out<br />
22 It’s Official<br />
24 Car Theft<br />
33 The Mt-Cootha Classic<br />
34 Behind The Spin<br />
36 Beyond Reasonable Doubt<br />
37 Sidebar<br />
38 Workcover Injuries And Common Law Update<br />
41 International Women’s Day<br />
42 Maximizing Optimal Well-Being<br />
44 Investing In Property<br />
45 Protect Yourself<br />
47 Forensic Science Awards<br />
Regulars<br />
49 Correspondence<br />
53 Q.R.P.A.<br />
Conference<br />
Training<br />
Communications<br />
Membership Services<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 />
Finance<br />
D. Hansson (Treasurer)<br />
D. Fitzpatrick<br />
(Assistant Treasurer)<br />
S. Maxwell<br />
(Assistant Treasurer)<br />
<strong>General</strong> President, <strong>General</strong> Secretary and Assistant<br />
<strong>General</strong> 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 />
It must be distinctly understood that any expressions of opinion by correspondents in our columns must not be<br />
considered the opinion of the Editor, and no responsibility arising from there can be accepted.<br />
The Editor of the <strong>Police</strong> Journal reserves the right to grant permission to reproduce articles from this magazine.<br />
Such permission is hereby granted to any <strong>Police</strong> Association or <strong>Police</strong> <strong>Union</strong> in Australia and to the <strong>Police</strong><br />
Association of New Zealand. Permission is also granted to any <strong>Police</strong> Association, <strong>Police</strong> <strong>Union</strong> or organisation<br />
representing police employees in any other country.<br />
Acknowledgement of the source must be contained in any reprint. Where an article indicates 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 />
The Editor<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal<br />
PO Box 13008 George Street Brisbane QLD 4003<br />
TEL: (07) 3259 1900 FAX: (07) 3259 1950<br />
EMAIL: journal@qpu.asn.au<br />
Deadline: Editorial Copy - typed or on disk to be submitted by the 12th day of the month prior to publication.<br />
WEBSITE: www.qpu.asn.au<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 • 1
2 • <strong>General</strong> President’s Message<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
If police officers made the glaring errors that Mr Koch did<br />
in a brief of evidence or in a statement they would face<br />
serious discipline issues. But at The Australian, he seems<br />
to be given free licence to get square with us for having<br />
the temerity to make a complaint.<br />
IAN LEAVERS<br />
The QPUE annual conference has just been<br />
completed and it is clear that our union is in<br />
good shape. I thank all delegates and branches<br />
for their contribution. A copy of my opening<br />
address is provided on page 16.<br />
EB SHENANIGANS<br />
Negotiations have failed to advance very far at all at this<br />
stage. The government officially offered 2.5% and we<br />
rejected it.<br />
The government negotiators then indicated that they did<br />
not have authority to negotiate anything over the 2.5%<br />
initial offer.<br />
In other words, take it or leave it.<br />
“ I doubt the government has any<br />
intention of bargaining in good<br />
faith, but time will tell ”<br />
This union will never settle for a 2.5% per cent wage<br />
offer and we have conveyed that view to the government<br />
in no uncertain terms.<br />
The meeting on Tuesday, 30 March was at times quite<br />
heated. I doubt the government has any intention of<br />
bargaining in good faith, but time will tell.<br />
PALM ISLAND INQUEST<br />
The re-opened coronial inquest into the death of<br />
Cameron Doomadgee began on Palm Island, before<br />
moving to the Townsville court complex.<br />
Chris Hurley was again represented by Solicitor Glen<br />
Cranny and Barrister Steve Zillman. The media in<br />
general, and in particular, The Australian newspaper,<br />
continue to run incorrect accounts of this saga. In<br />
fact, a front page story by Tony Koch was thoroughly<br />
discredited in the court by the Counsel assisting the<br />
Coroner and the Counsel for the Attorney-<strong>General</strong>.<br />
“ The media expect the highest<br />
standards of behavior and<br />
professional conduct when it<br />
comes to police, football players<br />
and politicians ”<br />
Imagine if police officers persecuted persons or<br />
organisations who made legitimate complaints against<br />
them. The media would have a field day.<br />
The media expect the highest standards of behavior and<br />
professional conduct when it comes to police, football<br />
players and politicians.<br />
Just about every occupation has faced increased<br />
scrutiny or licensing over the past 30 years. Plumbers,<br />
mechanics, doctors, teachers, police and politicians<br />
all have had massive improvements in oversight and<br />
regulation, but not the media.<br />
By virtue of the immense power of their ownership,<br />
journalists remain unrestrained by professional<br />
boundaries and remedies or discipline for misconduct.<br />
So a journalist who, either through bias or incompetence,<br />
misleads readers on the front page of the national daily<br />
newspaper faces no process of investigation or sanction.<br />
Yes, you can complain to the Australian Press Council,<br />
but the most you can hope for is a published correction,<br />
usually on an inside page. There will be no demotion,<br />
drop in pay or hearing for Mr Koch or any of his ilk.<br />
Surely it’s time that journalism caught up with the level<br />
of accountability that the rest of society deals with every<br />
day.<br />
Ian LEAVERS<br />
<strong>General</strong> President<br />
0419 786 381<br />
Disturbingly, despite this occurrence, The Australian did<br />
not run a correction the following day. The QPUE lodged<br />
an official complaint with the editor, which eventually<br />
resulted in two corrections being run.<br />
From that point on Mr Koch has made a point of<br />
targeting this union.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 <strong>General</strong> Secretary’s Message • 3<br />
Why is it then, that not even our Minister supports<br />
the police of this state on this matter? We get a<br />
better hearing on talk-back radio. I must question the<br />
credibility of our Minister, who cannot support the men<br />
and women of his portfolio while they are protecting the<br />
communities of <strong>Queensland</strong>.<br />
MICK BARNES<br />
“Yes No Minister”<br />
The Minister for <strong>Police</strong>, Neil Roberts was left<br />
in no doubt about the anger of a group of<br />
delegates after he addressed the QPUE Annual<br />
Conference in March.<br />
Delegate after delegate raised the issue of our members<br />
being assaulted with little or no support from the<br />
government or the courts. “Yes, it’s terrible”, a very<br />
sympathetic Minister stated as he shook his head but<br />
those assurances meant little for the group who knew<br />
the harsh reality that more and more police officers are<br />
being seriously assaulted and the offenders suffer little<br />
or no consequences.<br />
Western Australian legislation was referred to by our<br />
delegates as a good example where mandatory terms of<br />
imprisonment for serious assault on emergency service<br />
personnel, including police are having an effect. Our<br />
Minister demonstrated how across all the issues he and<br />
his advisors are by recounting the story of where the first<br />
offender imprisoned in Western Australia under the new<br />
legislation was a young lady with a mental illness who<br />
assaulted a police officer. It was on this type of scenario,<br />
explained the Minister, that he based his opinion<br />
that there should never be any period of mandatory<br />
imprisonment for such an offence.<br />
Our colleague from Western Australia could hardly<br />
contain himself. Our state’s policies appear to be based<br />
on misinformation. The case referred to by our Minister<br />
involved an offender attacking an ambulance officer, not<br />
a police officer. In any case, if an offender is of unsound<br />
mind with a mental illness, then there is the relevant<br />
exculpatory provision within the Criminal Code for the<br />
offender’s protection.<br />
Our delegates did not stop there. Our Minister was<br />
reminded that it was not just the officers who suffered;<br />
in fact it is our members’ whole family who are the<br />
victims when officers have to wait months for results<br />
from being exposed to an exchange of bodily fluids<br />
when they are bitten or spat on by an offender.<br />
Delegates explained to the Minister it is not a push or<br />
shove that we’re talking about, but assaults that can<br />
have a life-long impact. I wouldn’t have thought that<br />
this was a hard concept to grasp when the government<br />
readily accepts the principle of the One Punch Can Kill<br />
campaign.<br />
Part-Time Officers<br />
A common complaint from members is the ability to<br />
access part-time positions with the <strong>Queensland</strong> <strong>Police</strong><br />
Service. Positions are determined as a fraction of a Full<br />
Time Equivalent (FTE).<br />
The QPS will allow officers performing a part-time role<br />
to fill the one position up to an FTE of 1.4. This means<br />
that an officer performing 0.5 FTE could share the same<br />
position with another part-time officer performing 0.9<br />
FTE.<br />
There are varying commitments to the principles of<br />
part-time duties across the service at both divisional<br />
levels up to and including the management of some<br />
regions. What I find amusing is the hypocrisy by some<br />
where there is a personal interest with a loved one, as<br />
compared to their point of view in a management role.<br />
In the neighbouring jurisdiction of New South Wales our<br />
colleagues advise that officers can fill a single position<br />
up to an FTE of 1.9. This allows greater flexibility to<br />
individual officers and management alike. For part-time<br />
officers to be successful within the QPS, consideration<br />
needs to be given to increasing the FTE from 1.4, and<br />
changing the mindset at all levels of management.<br />
Traffic Intelligence<br />
Road safety initiatives such as speed camera<br />
deployments were affected by “intelligence” over the<br />
recent Easter period. In the same week where covert<br />
speed cameras were rolled out in the name of road<br />
safety, speed cameras were not deployed in one<br />
particular police district. Whilst members were aware of<br />
the real reasons being fiscally based, the QPS ran the<br />
line that the “intelligence” indicated that everyone would<br />
have already travelled, negating the need for any speed<br />
camera deployments on those Easter week-end days.<br />
Oddly enough though, the statistics for camera-detected<br />
offences within the same district last year detected<br />
almost 200 offences in just one day. I’m sure it comes as<br />
no surprise either that this occurred within the electorate<br />
of our Minister. “Oh, no, Minister”, traffic policing is<br />
a 24/7 responsibility. Surely the policing of our roads<br />
should be left to those who know their craft.<br />
Stay Safe<br />
Mick Barnes<br />
<strong>General</strong> Secretary<br />
0411 453 335<br />
mbarnes@qpu.asn.au
4 • Metro South Region<br />
TONY COLLINS<br />
<strong>Police</strong> Commissioner Bob Atkinson has signed<br />
for another three years and has decided to<br />
lead with his chin declaring he would not have<br />
considered extending his term if he did not have<br />
the support of his officers.<br />
When the Commissioner took over in 2000 it was<br />
good to see that the government had completely put<br />
to bed the idea that anyone other than a <strong>Queensland</strong><br />
police officer was able to run the QPS - especially after<br />
the Noel Newnham experiment. I even thought the<br />
Commissioner had a good sense of humour when he<br />
introduced his 4 P’s as a twist on the old 3 P’s known<br />
to all and sundry as to what could and would get you<br />
in trouble. But it is time to look back over the past ten<br />
years and see what our Commissioner has achieved.<br />
VEHICLES<br />
<strong>Police</strong> vehicles are the same as ten years ago just<br />
different models but the cage cars now are not even<br />
really cage cars anymore due to the airbags. We had<br />
maverick units back then and we have them now. What<br />
we don’t have is onboard computers or cameras, so<br />
no real achievement there. We don’t have Automatic<br />
Number Plate Recognition systems, even though by<br />
my count we trialled it a number of years ago and it<br />
was quite successful in intercepting a large number of<br />
vehicles. This system was not introduced, so no real<br />
achievement there.<br />
PAPERWORK<br />
Since we have become the statistics collector for every<br />
other government agency except for ourselves, we are<br />
now asking more inane questions about information<br />
that is irrelevant. It is always a pleasure to ask these<br />
questions because we don’t have anything better to do.<br />
We are not paperless yet and as such, still cut down<br />
half of a Peruvian rainforest just to do our job. How long<br />
ago did the Brisbane City Council introduce electronic<br />
ticketing and what are we still using? We have QPRIME.<br />
This much loved and adored computer system is so<br />
incredibly easy to use and navigate that in a previous<br />
article I detailed how much time we lose by using it.<br />
Reported crime takes longer to put on and simple<br />
arrests such as drink drivers now take twice as long as<br />
it did ten years ago. So whilst a lot of computer systems<br />
have been merged into one, there is no time saving.<br />
Again, no real achievement.<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
EQUIPMENT<br />
The only real improvement to equipment across the<br />
QPS has been the Taser. We can’t really call this the<br />
Commissioner’s achievement because this was an<br />
agreement made between the QPUE and the government<br />
without the Commissioner’s input. Our radios are still the<br />
super light-weight Motorolas that don’t affect your hips<br />
or lower back and we still only have one inquiry channel<br />
for an entire region, so there is no wait time for a name<br />
check. However, we do have a digital radio network so<br />
no one can overhear us waiting fourth in queue.<br />
UNIFORM<br />
Now here we have some real achievements. Operational<br />
trousers have been introduced; sunglasses are on issue,<br />
and we have baseball caps that don’t come off your head<br />
when a truck goes past. Last but not least, we no longer<br />
have to wear ties in winter - even though it took about<br />
five years for the tie trial to finish. Whilst there have been<br />
great achievements, I get the feeling the Commissioner<br />
is attempting to turn back the clock in relation to the<br />
operational trousers. People who predominantly work<br />
in offices are being ordered to wear the dress trousers.<br />
You know what? The public of <strong>Queensland</strong> can’t tell the<br />
difference between our operational uniform and dress<br />
uniform and really don’t care what we wear as long as<br />
we respond to their calls for service in a timely manner.<br />
As long as you are not wearing white Dunlop Volleys<br />
you won’t draw attention to yourself. Quite frankly if the<br />
public don’t raise it then we should not be bothered with<br />
it. Besides, don’t we have 8,500 operational police in<br />
<strong>Queensland</strong>?<br />
I can only write about what I know and I know that<br />
whilst we have some real achievements in the scientific<br />
areas, computer forensics and our child abuse unit has a<br />
worldwide reputation for its work on paedophiles, we are<br />
still marking time when it comes to the frontline policing.<br />
So whilst there have been achievements in specialised<br />
areas, if real advancements were made in frontline<br />
policing would there not be a flow on effect throughout<br />
the rest of the service? Is that not a real achievement?<br />
I hope for the next three years our Commissioner<br />
concentrates on what is truly important to the service. I<br />
hope for all our sakes, that his legacy and achievements<br />
for the service will be more than QPRIME and a new<br />
uniform.<br />
Remember if you have any problems I am<br />
a phone call away.<br />
Tony COLLINS<br />
<strong>Union</strong> Representative<br />
Metropolitan South Region<br />
0414 804 472
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 North Coast Region • 5<br />
Des Hansson<br />
When will the government get serious about<br />
attacking organised crime? I note they have<br />
just given the CMC $14 million dollars over five<br />
years for ‘telecommunication interception’.<br />
Whilst the rest of the world gives police, who have the<br />
major role in fighting crime, phone tapping powers; our<br />
government hamstrings police in that role by denying<br />
them proper funding and resources.<br />
You would think after all the dramas of ‘Capri’ and<br />
alleged problems with police having to wheel and<br />
deal with criminals to get information that tapping<br />
phones and computers would be a logical step towards<br />
reducing those associated problems.<br />
Instead the government waste money and under utilize<br />
powers expanding another little empire within the CMC<br />
- the ‘Electronic Collections Unit’ - which has no proven<br />
track record of knocking over any organised crime.<br />
Here is a message to the government: go out and get an<br />
old copy of the DVD “Underbelly” and see how police<br />
effectively used phone tapping powers ten years ago to<br />
attack organised crime.<br />
Coordinators, DVLO’s, Liquor Licensing, and Traffic<br />
Branch Coordinators? How many are relieving up a rank<br />
to inspector, senior sergeant or sergeant? Why hasn’t<br />
the Commissioner stood up and spoken for all us general<br />
duties police who are the first section drained should any<br />
other area need propping up? When are we going to get<br />
a good leader instead of a manager? Get real. We need<br />
more cops and we want them now!<br />
THANKS<br />
I know we all lead busy lives with family and work<br />
commitments but I can offer no excuse for not recently<br />
thanking our hard-working branch officials. They are the<br />
unsung heroes of the union. They do a stack of great<br />
work, a lot of it in their own time, answer a lot of queries<br />
from members and often bear the brunt of any criticisms<br />
of the union. Does the phrase ‘what’s the union doing<br />
about it’ ring a bell? Anyway, many thanks to all our<br />
branch officials both past and present.<br />
Keep up the great work. Be careful out there.<br />
Des Hansson<br />
North Coast Regional Representative<br />
0412 707 434<br />
RECRUITING CUTS<br />
I note that recruiting is down almost 50% from last year.<br />
No doubt to recoup money that the government has<br />
squandered elsewhere. Our own leaders claim we are a<br />
couple of hundred over strength and can therefore cut<br />
back recruitment. What a load of b/s. Try telling that to<br />
the lone cop going to a domestic because there is little<br />
or no relief provided to one and two man stations. Tell it<br />
to the two-car crews that turn up at a brawl involving ten<br />
or twenty dropkicks who are high on drugs and alcohol.<br />
Tell it to the thousands of extra police that have to work<br />
on Australia Day putting up with idiots who think it’s an<br />
Aussie tradition to belt a cop and get locked up. Tell it<br />
to the coppers that are working seven consecutive night<br />
shifts every three weeks.<br />
Yeah I know, ‘on paper’ it appears there are plenty<br />
of police. But have a closer look at the roster. How<br />
many are on sick, maternity, military, long service,<br />
annual, study, union or any other type of leave? How<br />
many are attending OST, Firearms, Taser, and FYC,<br />
CDP or the multitude of other courses? How many<br />
are relieving at the CIB, TCS, CPIU, or as Tow Truck
6 • Far Northern Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
make that public knowledge until the log is tendered<br />
in the negotiation process. I intend to keep members<br />
updated.<br />
Denis Fitzpatrick<br />
EB6<br />
EB negotiations are effectively at a standstill,<br />
with the QPS still awaiting formal approval from<br />
the government for the authority to negotiate.<br />
Initially, we were informed they have a tentative authority<br />
but they withdrew from the negotiation process. This<br />
is nothing unusual and is a replication of the 2007 EB5<br />
negotiations.<br />
If you remember what happened last time, eventually<br />
the process was referred to the <strong>Queensland</strong> Industrial<br />
Relations Commission due to what was determined as a<br />
break down in dialogue and communications.<br />
I can assure members that the union are ready for EB6<br />
and have been prepared for some time.<br />
As a result of the stalling, the QPUE has been unable to<br />
put forward our log of claims. Unfortunately, this also<br />
means that our members have no idea as to our plans<br />
and our intentions for this EB. Realistically we cannot<br />
INTERVIEWS<br />
Discipline interviews with FNR members have been on<br />
the increase and being conducted on an almost daily<br />
basis. Assault or excessive force issues seem to be<br />
commonly investigated with most directed interviews<br />
being conducted by senior sergeants. This is causing<br />
tremendous stress on many individuals because the<br />
reality is police are being put under the microscope for<br />
just doing their job. Remember, if you are approached<br />
and advised you are going to be investigated, please<br />
take a union representative with you. The branch officials<br />
are trained to advise and assist.<br />
INQUEST<br />
I congratulate Chris Hurley for the dignified manner in<br />
which he has again handled himself during the recent<br />
inquest into the death of Cameron Doomadgee. I<br />
look forward, as do many others, to the release of the<br />
findings. I am on leave during April, but will remain<br />
contactable should any incident arise.<br />
“ Still in the job”<br />
Denis Fitzpatrick<br />
Regional Representative<br />
Far Northern Region
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Central Region • 7<br />
we must certainly end it. Going soft in a street fight is<br />
no option. I have just done a series of ESC-directed<br />
interviews involving several of our members over<br />
allegations of excessive force.<br />
Bill FELDMAN<br />
SLIPPAGE DOESN’T MEAN GOING SOFT.<br />
We here in the Central Region have undergone<br />
a series of lectures and meetings with respect<br />
to perceived “slippage”, i.e. slipping back in<br />
old bad habits, taking shortcuts, slackness in<br />
dress and discipline, excessive use of force, and<br />
disrespect for higher ranks – just to name a few.<br />
It appears slippage is one of a myriad of factors that<br />
might indicate a decline in a standard of professionalism<br />
in the QPS.<br />
One of the factors spoken about was the options taken<br />
by staff within our range of Use of Force options. I was<br />
very pleased with the response to my question by our<br />
current Assistant Commissioner, Mr Alan Davey. He<br />
assured me that even though the use of force options<br />
taken by an officer can be scrutinised by the QPS if a<br />
complaint is made, he was under no circumstances<br />
advocating that as police officers we should place<br />
ourselves at risk by going soft. We all know how<br />
embarrassing going soft can be.<br />
“ We all know that when we go<br />
toe-to-toe and blow-for-blow with<br />
any individual, the only successful<br />
outcome for us is to overcome<br />
the threat ”<br />
After all we are fully trained in POST in a huge range<br />
of closed and open-hand tactics that are designed to<br />
inflict enough pain to an individual to force compliance<br />
to our will for that individual and to ensure that our<br />
communication to him or her is fully and clearly<br />
understood.<br />
We all know that when we go toe-to-toe and blow-forblow<br />
with any individual, the only successful outcome<br />
for us is to overcome the threat. We know only too well<br />
the potential of such an altercation – one punch can kill –<br />
and we want to go home at the end of the night.<br />
As I said, we are taught many tactics including some not<br />
so gentlemanly – not so Marquis of Queensbury – style<br />
of fighting (strikes to the knee, elbow, head and palms<br />
as well as blows to very sensitive muscular and nerve<br />
ending areas of the body). We never start the fight but<br />
I have been extremely pleased with the professional way<br />
in which these officers concerned answered their critics<br />
with their knowledge of the UOF model. They answered<br />
the questions directed pointing out their skills and tactics<br />
training and aligning the UOF option with closed and<br />
open-hand tactics, communication, presence, OC spray,<br />
CEW, and firearms. The officers justified the use of each<br />
option used with the actions portrayed by the aggressive<br />
individual attempting to be subdued. Utilising our training<br />
to overcome adversity is the very nature of that training<br />
we have undertaken.<br />
“ <strong>Queensland</strong> is the only state left<br />
in Australia not protecting<br />
its police. Let’s rectify that<br />
dubious oversight ”<br />
Now I am not advocating that running away (Tactical<br />
Withdrawal – another UOF option) under certain<br />
circumstances is not a good thing – after all - I am living<br />
proof that those who slink away get to fight another day<br />
(and with better odds). What I am saying is that those<br />
who fight and overcome should receive the highest<br />
protection that this union can offer when their actions are<br />
scrutinised.<br />
At this time I cannot stress enough to know your UOF<br />
options, know the jargon and description when speaking<br />
of your actions. If in doubt, speak with your union<br />
representative. They may just be the “UOF whisperer”<br />
that can clarify your actions and give you the peace of<br />
mind you need to know - that your actions were tactically<br />
sound, justified, and legally defensible.<br />
One issue this current government or any successive<br />
government must address is protection from both<br />
criminal and civil action for police acting in good faith<br />
when responding to incidents. <strong>Police</strong> do need to know<br />
that when circumstances go wrong technically, legally or<br />
professionally, they do have protection when they show<br />
they acted in good faith. I am talking about redress on<br />
the individual not the organisation. <strong>Queensland</strong> is the<br />
only state left in Australia not protecting its police. Let’s<br />
rectify that dubious oversight.<br />
Work smart, work safe – make it home.<br />
Bill FELDMAN<br />
Regional Representative<br />
Central Region
8 • Southern Region<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
recorded. An application was made to the Magistrate<br />
for some form moiety on behalf of our member, but the<br />
Magistrate decided it was not warranted.<br />
Darren LEES<br />
Protect those who Protect<br />
<strong>Queensland</strong>ers.<br />
Ladies and gents, in the next couple of days<br />
after penning this article, I will be attending our<br />
State Conference along with delegates from<br />
throughout our region.<br />
You may be interested to know that the theme of<br />
the conference this year is “Protect those who<br />
protect <strong>Queensland</strong>ers”. In line with that, I thought I<br />
would indulge in some thoughts and opinions about<br />
recent incidents and decisions that are very much<br />
contradictory to this theme.<br />
I have been advised recently by concerned members<br />
from a district within our region of an incident involving<br />
a female officer who was called to assist another<br />
emergency service to control an aggressive person.<br />
The offender had to be handcuffed at the scene and<br />
then transported to the local hospital. In the process of<br />
taking blood from the offender, that person has spat on<br />
the officer and bitten through the standard issue latex<br />
glove she was wearing, breaking the skin and causing a<br />
significant injury. Apparently members, this is what you<br />
get for doing your job from grubs who believe they are<br />
entitled to assault anyone including police.<br />
Here is where the problems start. This hard-working,<br />
dedicated officer had to deal with the injury and get<br />
treatment including disease testing. She went home to<br />
her family and advised them she had been bitten and<br />
there may have been a possible transfer of bodily fluid<br />
when she was spat on and bitten. Therefore she will<br />
have to undergo testing over a lengthy period of time<br />
before she can be given the all clear that she has not<br />
contracted some form of disease from the “dirty grub”<br />
who inflicted the injuries. I am sure you are all only too<br />
aware of similar incidents right throughout the state.<br />
But wait, there’s more. You would think that like any<br />
normal person in society, you would and should expect<br />
some sort of punishment befitting the crime. You would<br />
hope the penalty would act as a deterrent for others<br />
and to accommodate the pain and suffering of the<br />
victim. Well think again as we have seen yet another<br />
example by the courts of “stuff the victim, look after<br />
the offender.” The offender fronted court on a charge<br />
of serious assault police and the case was dealt with<br />
by way of a plea. The offender was punished by way<br />
of a 12-month probation order and no conviction was<br />
So in summary our member went to work to do what<br />
she took an oath of service to do - she responded to a<br />
call for help from another emergency service to subdue<br />
an aggressive person and in doing so, she was spat<br />
on and bitten. Then the grubby offender walks in and<br />
out the revolving doors of the courts with no more than<br />
probation.<br />
What is going on in this world we live in where people<br />
who offend against others, in particular police who<br />
are just trying to do their jobs, are protected in this<br />
manner? One of the motions to be discussed at our State<br />
Conference relates to the government getting off their<br />
backside and providing good faith immunity for police<br />
in the execution of their duties. I call on the government<br />
and the courts to take this one step further.<br />
Start protecting those who are protecting you. How<br />
would the Magistrate or any member of the community<br />
feel if a person bit them on the hand causing a bodily<br />
fluid transfer and then spat in their face? I wonder<br />
whether the offender would be walking out of the court<br />
room with a period of probation, no conviction recorded<br />
and no compensation for the victim.<br />
Our members are not crash test dummies for the low life<br />
scum who think it is okay to assault our hard-working<br />
police on a daily basis all over the state. I call on the<br />
government to get serious about assaults on police<br />
and other emergency service officers by introducing<br />
mandatory sentencing for such assaults. If the courts<br />
can’t impose relevant sentences, take the matter out of<br />
their hands and make it mandatory. Let’s see then how<br />
many people are still keen to commit assaults upon<br />
police after they have had a six month stint chewing corn<br />
and having their liberty taken away. I tend to think the<br />
incidents will reduce dramatically very quickly.<br />
Further to this there is also a motion to be discussed at<br />
conference relating to the issue of personal protective<br />
gloves for all first response officers – not latex gloves.<br />
I also call on the government and the QPS to fund the<br />
purchase of those gloves immediately, which from all<br />
accounts from our interstate colleagues, have assisted in<br />
the reduction of injuries to officers from bites to needle<br />
stick injuries. That is my say for this month.<br />
“Keep up the great work, and stay safe.”<br />
Darren LEES (Beefa)<br />
Southern Region Executive Representative<br />
0417 776 184
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 South East Region • 9<br />
to this new site. This is particularly the case as we enter<br />
the EBA6 negotiations. The new website will be updated<br />
every day as news comes to hand. Unfortunately as I<br />
write this, the only news is that the government has only<br />
given the QPS verbal and not written authority to begin<br />
negotiations. I sincerely hope things have progressed by<br />
the time you read this.<br />
BOB SMITHSON<br />
UNION BASHING<br />
I thought the age old art of “union bashing”<br />
had been put to rest by management, but<br />
unfortunately my hopes have been dashed.<br />
It seems that “union bashing” has only been<br />
taking a holiday.<br />
I have been made aware of situations where our<br />
members have claimed their award entitlements such<br />
as overtime and access to ten-hour breaks only to be<br />
stood over by management and offered things such as<br />
“time off in lieu” or “we’ll give you a couple of rest days<br />
next month”, etc. In more serious instances, some of<br />
our colleagues have been subjected to intimidation in<br />
their workplaces. This is a sad situation and is totally<br />
unacceptable. Please bring any instances of this to the<br />
attention of your union officials.<br />
“ In most cases that would be<br />
about as useful as complaining<br />
to your mother-in-law about<br />
your wife ”<br />
I am aware of a situation where a commissioned officer<br />
sent out an email to an entire station suggesting that<br />
our members should take their concerns, in the first<br />
instance, to management, before consulting their union<br />
officials. In most cases that would be about as useful<br />
as complaining to your mother-in-law about your wife.<br />
Members need to be aware that there is absolutely no<br />
requirement or obligation to bypass their own union<br />
officials. Members can raise any concerns, questions<br />
or queries at any time, on any subject with the QPUE.<br />
That is one of the reasons we are here. In fact, I would<br />
encourage our members to consult their union officials<br />
before raising concerns with management.<br />
I guess, in a way, I can understand why management<br />
wouldn’t want the union officials being made aware<br />
of some of their shortcomings. It could be quite<br />
embarrassing for them, if in fact they possessed that<br />
emotion at all. Surely they wouldn’t be breaching the<br />
EBA and awards on purpose?<br />
NEW UNION WEBSITE<br />
Members are reminded that in recent months the QPUE<br />
released a new version of the union website. It is very<br />
important that we all update our details to gain access<br />
The enrolments for the new site are coming along<br />
quite well, with last month showing 800 members had<br />
registered. But bearing in mind, we have over 10,000<br />
members, so we still have a long way to go.<br />
I can recall during the last EB the <strong>Union</strong> Executive and<br />
staff were widely criticised (unjustly) for not providing<br />
timely information on the progress of the negotiations.<br />
This was one of the main driving forces for setting up a<br />
website so we can communicate with our members. Now<br />
that you have it, please use it. I now see there are $100<br />
weekly prizes being offered for members to sign up, so<br />
please get motivated and register.<br />
VISIT BY POLICE COMMISSIONER<br />
On the 8th March, <strong>Police</strong> Commissioner Bob Atkinson<br />
attended a union meeting at Surfers Paradise <strong>Police</strong><br />
Station. Assistant Commissioner Paul Wilson was also<br />
in attendance. The Commissioner responded to some<br />
questions on notice, and then took further questions<br />
from the floor. The meeting was well attended and the<br />
discussion was frank and open. The Commissioner<br />
conceded that there were many challenging issues in<br />
performing the job of policing at Surfers Paradise, not<br />
unlike those experienced by our colleagues in Fortitude<br />
Valley, Brisbane City and other major centres throughout<br />
the state. The Commissioner and A/C Wilson told the<br />
meeting that there were some new ideas and strategies<br />
being looked at with the aim of making life a little bit<br />
better for the officers who are required to work in these<br />
unique and trying policing environments.<br />
A couple of weeks after this meeting, a bipartisan state<br />
parliamentary committee looking into alcohol-fuelled<br />
violence released 68 recommendations. Many of these<br />
directly relate to policing issues and highlight that more<br />
police are needed in the “hot spots”. Another is closing<br />
the nightclubs earlier. I would hope the government takes<br />
these recommendations seriously and acts quickly to<br />
implement them. Blind Freddy can see there are serious<br />
problems out there, so let’s hope the government does<br />
not procrastinate and starts taking the appropriate action<br />
to protect our members and the public.<br />
Bob SMITHSON<br />
Regional Representative<br />
South East Region
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 EBA6 – Update • 11<br />
Enterprise<br />
Bargaining<br />
Agreement 6<br />
– Update<br />
EBA6<br />
The parties to EB6 negotiations met at 10.00 on Tuesday 30<br />
March to finally begin actual negotiations. The first question<br />
put to the QPS representatives was to confirm that they had<br />
been given formal authority to commence negotiations. Jim<br />
Hardy, on behalf of the QPS, confirmed this.<br />
The QPS then verbally stated their position which is 2.5% per<br />
annum to effectively roll over the current Enterprise<br />
Agreement. When asked whether they had authority to<br />
negotiate beyond the 2.5% or whether they had any other<br />
items, the QPS reiterated the government’s position of 2.5%<br />
per annum with no authority to negotiate outside of that.<br />
There was also a vague reference to other possible items<br />
depending on the progress of negotiations. It was made<br />
clear by the QPUE’s representatives that this approach was<br />
peculiar, inappropriate and disappointing. Our position is<br />
that by simply outlining a non-negotiable position is hardly<br />
bargaining in good faith.<br />
outside of the 2.5%; and that there may be some other items<br />
to be tabled in the future, the QPUE stated our position is<br />
that:<br />
• we did not believe that the QPS were negotiating on<br />
good faith;<br />
• we totally reject the offer of 2.5% per annum.<br />
Both the QPUE and QPCOU had our respective Logs of<br />
Claims ready to table at this meeting, but given the lack of<br />
good faith bargaining on the part of the QPS, we were not<br />
prepared to table our logs at that time. We have asked that<br />
the QPS inform the government of our rejection of their offer<br />
and for the QPS to advise us in writing of precisely what their<br />
position is – particularly if there is room to move on the 2.5%<br />
and what other issues the QPS wants to discuss. The<br />
negotiations have effectively broken down and no further<br />
negotiations are scheduled at this stage.<br />
Based on the fact that the QPS did not have a formal,<br />
written Log of Claims; that they had no ability to negotiate
12 • Winners Of The Best Ao Award <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Winners of<br />
the Best AO award<br />
(Administration Officers<br />
from around the State)<br />
Gladstone station Administration Officers Karen Young<br />
(AO3 Roster clerk), Maureen Flockhart (AO2 OIC Clerk),<br />
Vicki Larner (AO3 Property Officer) and Catriona<br />
Newell (AO2 Front Counter Officer)<br />
Central Region<br />
Sen-Sgt Craig White, OIC of Gladstone station, could not decide between<br />
the group as each AO is crucial to daily functioning of the station and<br />
nominated them as a unit.<br />
Noeleen Williams of Thursday Island,<br />
Far Northern Region<br />
Noeleen or Nonz to everyone who knows her, has worked for the QPS since<br />
1988, starting at Thursday Island (T.I.) as an administration officer. Nonz<br />
would be known to the many police who have worked at or visited T.I. over<br />
the past 22 years as the division’s backbone, the real brains of the outfit.<br />
Nonz memorises almost every phone number and personal details such<br />
as dates of birth of most of the local residents. She is world famous for her<br />
golden syrup damper and banana pancakes.<br />
Nonz had been the AO3 Roster/property Officer at T.I. for the past 4 years.<br />
She has transformed the property room from a disaster zone and was<br />
personally thanked for efforts by District Officer. Other divisions use<br />
Nonz’ methods as a guide and the T.I. property room is promoted as best<br />
practice to the district.<br />
She is extremely proud of her time with the QPS and cherishes the photo<br />
of her with then Assistant Commissioner Atkinson and the former long<br />
serving OIC of T.I, the legendary late Senior Sergeant Wayne Nichols<br />
(Nico) when she received her 10 year QPS medal. Her daughter Jasmine<br />
(Jaz) is now an AO2 at T.I., continuing the family tradition.<br />
I know no one is indispensable but Nonz is a close as you can get.<br />
Frankly without each of their contribution my job as the OIC would be<br />
impossible to perform. I have found that their support for me and the<br />
general duties staff is beyond reproach and should be acknowledged.<br />
They have a demanding job and each one of them performs their duties to<br />
the highest degree. I really cannot thank them enough for the effort they<br />
put in.<br />
Karen Young’s job as the roster clerk is difficult at the best of times. When<br />
drafting the roster, Karen not only considers and complies with the EB<br />
requirements she also considers the ‘soft’ issues such as officer experience,<br />
personal requests, relationship between staff etc.<br />
Maureen Flockhart is my right-hand ‘man’. She regularly stays after her<br />
rostered hours to finalise correspondence that needs to be completed<br />
before the end of the day. Maureen has re- arranged the station’s<br />
correspondence procedures and has implemented a number of new<br />
systems including stationery.<br />
Vicki Larner has the demanding role of station property officer. Vicki<br />
strives to improve the professional role of the property officer by<br />
organising Regional Property Officer conferences, providing ongoing<br />
training to staff and striving to improve the property procedures on<br />
QPrime by liaising with QPrime staff.<br />
Catriona Newell recently commenced work at Gladstone Station, working<br />
as the AO on the front counter. Catriona has demonstrated that she has<br />
the ability to handle all members of the public in a professional manner.<br />
She is an asset to this station and is the first point of contact with the QPS<br />
by a member of the public attending the Gladstone Station.<br />
Patricia Williams, Hughenden Station,<br />
Northern Region<br />
Patricia WILLIAMS (“Trish”) is an AO2 who works 24 hours a week at the<br />
Hughenden <strong>Police</strong> Station. Hughenden is a three-officer station situated<br />
387kms west of Townsville on the Flinders Hwy.<br />
To say that Trish runs the station would be an understatement and she<br />
does everything willingly (except the filing!).<br />
Trish is one of your AO’s who comes in early and always leaves late. There<br />
have been times when people have come in from their property to renew<br />
a driver’s license out-of-hours and they have mentioned it to Trish up the<br />
street so in she comes to the police station and renews it for them. She<br />
never complains and is always happy to help.<br />
As is the case in most rural areas, station equipment and general support<br />
can sometimes be lacking. So when the station photocopier started playing<br />
up, Trish took it upon herself to petition the Assistant Commissioner (as<br />
all good AO’s do) for a new photocopier. The station’s photocopier was<br />
a dodgy one that copied one page at a time which became difficult when<br />
copying large court briefs.<br />
Trish reaches ten years of service as an AO at the Hughenden <strong>Police</strong><br />
Station on August 7 this year.<br />
John Wex, Murgon <strong>Police</strong> Station,<br />
North Coast Region<br />
John displays many outstanding qualities and goes above and beyond in<br />
both his professional and personal roles. John commenced employment<br />
with the QPS on the 12th April 1977 at Murgon <strong>Police</strong> Station where he<br />
undertook the role of an AO2 until his promotion in 1998 to an AO3<br />
position which he holds to date.<br />
During the first 21 years of employment in an AO2 capacity, John<br />
undertook many and varied roles. Since then, he has undertaken a more<br />
demanding position which has increased his responsibilities and enabled<br />
Murgon station, his colleagues, both sworn and unsworn to conduct their<br />
duties with constant support, assistance and effective management.<br />
On top of his AO duties, he wears many hats including licensing for<br />
<strong>Queensland</strong> Transport, is a Comms operator and Peer Support Officer. He<br />
has undertaken additional roles of Property Officer and Rosters Clerk. He<br />
goes way and beyond to help officers with their leave and roster requests.<br />
An Alcohol Management Plan that is in place at Cherbourg has increased<br />
his workload tenfold, he has put in place an Alcohol Management System<br />
so ensure the large amount of alcohol collected is easily disposed of and<br />
managed properly.<br />
None Nominated<br />
Metro North Region<br />
None Nominated<br />
Metro South Region
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Winners of the Best AO Award • 13<br />
Teneale Lawrence, Quality Management Section,<br />
Forensic Services Branch, Operation Support Command<br />
Headquarters & Support<br />
Ms Lawrence has been the AO within the Quality Management Section for<br />
over two years. Her job description is that she provides administrative<br />
support for five senior sergeants and two inspectors. However, she is the<br />
real office manager who effortlessly undertakes multiple tasks ensuring<br />
that each of the senior officers that she supports meet their deadlines and<br />
commitments.<br />
She is much more than an office coordinator. Upon commencing within<br />
the QPS, she immediately undertook to correct inconsistencies in the way<br />
that forensic AOs across the state performed quality audits of case files.<br />
These audits are required by the National Association of Testing<br />
Authorities (NATA).<br />
The inconsistencies in the way the audits were conducted were the result<br />
of a gap in the training and guidelines provided to the regional AOs. Ms<br />
Lawrence developed a comprehensive admin audit guide and put together<br />
a training package for the admin review officers.<br />
She arranged and facilitated a conference of admin review officers for<br />
further development of standard practice. All of this has improved<br />
consistency and greatly reduced conflict that can result from interpretation<br />
of unclear requirements. By reducing this stress, she has made the life<br />
easier for over 250 SOC and 25 admin officers.<br />
2010<br />
Nominations Received<br />
“Best of the Best:<br />
Administration Officer”<br />
John Wex<br />
Murgon station<br />
- Nominated by all the officers<br />
at Murgon Station<br />
Sgt Dave Hunter<br />
OIC Hughenden<br />
- Nominated Patricia Williams<br />
Julie Elliot, Tara <strong>Police</strong> Station<br />
Southern Region<br />
Moving to a small country town with a police station of four police can<br />
be daunting, especially straight out of your first year. Julie did her best to<br />
make me and other officers feel welcome. Julie invited us over for dinner,<br />
made us feel welcome and made sure we had every thing we needed. She<br />
is friend, not just an AO.<br />
No task is beneath Julie and she often goes above and beyond her required<br />
duties. She completes tasks of an AO3 such as property and exhibit<br />
management, she acts as a station CRO, taking messages and sorting out<br />
and negotiating jobs and tasks for us. Julie also types reports for us and<br />
assists with collating weapon’s audit information.<br />
Julie is completes all her tasks diligently, accurately and professionally.<br />
She is the real OIC of the station and she is the stability and level<br />
headiness that guides police response and decisions.<br />
Being understaffed at Tara Station, Julie is the public face of the QPS five<br />
days a week. Rain, hail, shine, illness she is mostly always there (there has<br />
been one sick day I can remember) – even when she shouldn’t be and we<br />
tell her otherwise.<br />
Sen-Sgt Les Bullus<br />
OIC Thursday Island<br />
- Nominated Noelene Williams<br />
Sen-Sgt Bill Crick<br />
Quality Management Section<br />
Forensic Services Branch<br />
- Nominated Teneale Lawrence<br />
Sgt Shane Clark<br />
Brown Plains Station<br />
- Nominated Donna Wright<br />
Sen-Sgt Craig White<br />
OIC Gladstone<br />
- Nominated Gladstone Unit<br />
Donna Wright, Browns Plains Station<br />
South Eastern Region<br />
Donna was instrumental in the logistical and HR changeover when the<br />
Browns Plains Division effectively split into two separate divisions in<br />
July 2009 creating the new Crestmead Division.<br />
As one could imagine, when one division splits into two, the challenges<br />
are enormous and Donna did not miss a beat and seized the opportunity<br />
to volunteer to structure the logistical movement and splitting of<br />
resources and transfer of equipment to the new Crestmeaad Station.<br />
This was all done in addition to her normal duties which was absolutely<br />
amazing and made me release once again what a truly dedicated and<br />
talented AO3 she was.<br />
Donna is the type of AO that any OIC would dream of, no task is ever an<br />
issue and she is always on the front foot to ask for additional work or<br />
opportunities to improve systems or services for the benefit of the station.<br />
Donna has been a role model for many administration officers to follow<br />
over the years and has a wealth of knowledge that she is often sort after<br />
from her peers to senior police for advice.<br />
Const Matthew Pinder<br />
Tara Station<br />
- Nominated Julie Elliot<br />
Thank you to all officers who<br />
nominated their ‘best’<br />
Administration Officer.<br />
Celebrate Your Administration Officer<br />
Administrative<br />
Professional’s Day<br />
21st April 2010
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 2010 Annual Conference • 15<br />
2010<br />
Annual Conference<br />
QLD POLICE UNION OF EMPLOYEES
16 • 2010 Annual Conference <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
STATE O<br />
those recommendations are implemented by the Bligh<br />
Government I think we could achieve up to a 30 per cent drop in<br />
crime as has happened in Newcastle, NSW.<br />
Imagine the difference that could make for our members - less<br />
officers being punched, bitten and spat on. The majority of<br />
nightshifts that finish at 3am instead of 6am. There is an<br />
opportunity here to really have a positive change for those<br />
members who work in areas with big nightclub precincts.<br />
“I will be taking to the Executive<br />
a recommendation that we employ<br />
two field officers at the union.<br />
Initially, one officer will be based in<br />
Brisbane and one in Townsville to<br />
service the north of the state.”<br />
Welcome delegates.<br />
Welcome to our interstate and overseas visitors. Delegates, we<br />
have come a long way since our last conference. Last year, I was<br />
the Acting <strong>General</strong> President after Cameron Pope’s unexpected<br />
resignation. I was fortunate enough to be elected as the<br />
<strong>General</strong> President a few months later and I made a commitment<br />
to rebuild our union.<br />
I want to thank the Executive of the union for working<br />
collectively to do that this past year. We have achieved much in<br />
this past year. The <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> is financially sound<br />
and we have taken steps to enhance that position.<br />
The Executive is now briefed in person, by Joe Sim our adviser,<br />
every three months. This interaction has led to a more active<br />
investment strategy with the QPUE capitalising on others’<br />
misfortune in the real estate market. We have bought a unit block<br />
in East Brisbane and a development site in Townsville.<br />
Our shares have improved and we are constantly adjusting our<br />
positions in response to the advice provided by Joe.<br />
We have instituted an Audit Committee to better oversee union<br />
expenditure to ensure financial accountability. We have been<br />
pro-active in pushing for changes to reduce the instances of<br />
alcohol-fuelled violence. We presented a comprehensive<br />
submission to the parliamentary committee and many of our<br />
suggestions have been put forward in the recommendations. If<br />
Even suburban hotels face some pretty big cutbacks. Hotels such<br />
as the Chalk in Brisbane will lose 27 hours of trading per week.<br />
It’s not just the hours either, the biggest bug bear of the hoteliers<br />
in Newcastle is the Responsible Service of Alcohol Marshalls<br />
who are inside the clubs determining who is fit to be served.<br />
They blame this measure for a 40% percent drop in alcohol sales.<br />
They say that nightclubs have been forced to close because they<br />
can no longer profit by filling people full of booze and then<br />
wiping their hands of the responsibility once they’re on the<br />
street.<br />
Delegates, I look forward to the introduction of these new<br />
measures and I will keep the pressure on Premier Anna Bligh<br />
until they are implemented. Our Critical Incident Team<br />
continues to provide a terrific service to members. In fact just<br />
yesterday, we were called to Rockhampton for a death in custody.<br />
For our interstate colleagues who may not be familiar with our<br />
Critical Incident Team, it consists of lawyers, our media officer,<br />
and usually me. We are on call 24-hours a day and attend all<br />
critical incidents to ensure our members’ rights are protected<br />
from the outset and that the public is properly informed of the<br />
circumstances. Our members who are involved in these incidents<br />
are extremely appreciative of the support we offer them in these<br />
very difficult circumstances.<br />
We have also completely revamped our website www.qpu.asn.<br />
au and I hope that you all encourage your members to register<br />
on the website so that you can receive updates on EB and other<br />
issues of importance. In addition to this I’m pleased to announce<br />
that our new EB campaign website is up and running today:<br />
www.nocopout.com.au. As you can see up on the screen it will be<br />
a one-stop shop for information on enterprise bargaining for our<br />
members. We have employed respected journalist Paula
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 2010 Annual Conference • 17<br />
F THE UNION<br />
Doneman as our Journal Editor and she is going great guns.<br />
She is progressively modernizing the look and feel of the journal<br />
and the feedback that I’m already getting from members is very<br />
positive indeed.<br />
“From Townsville we can service<br />
the Northern Region, Far North<br />
and the Mackay and Whitsunday<br />
areas of the central region.”<br />
Chris Stephens has joined our team as an industrial officer and<br />
is about to undergo a baptism of fire during EB. Donna Black<br />
joined our legal section to support our Lawyers. Calvin Gnech<br />
also came on board in our legal section and Glenn Mitchell left<br />
to sail the world. Allan Sutton has also replaced Robyn Currell<br />
as our bookkeeper.<br />
Delegates, our union now has a dedicated Workplace Health and<br />
Safety Officer. Rosemary Featherstone has already been rocking<br />
a few boats and I know that her recent visit to Townsville was<br />
very much appreciated by our members and we are confident<br />
of significant change in this area. So that is a summary of the<br />
changes we have made in the past year.<br />
By any measure they are substantial. In the next year I<br />
anticipate there will be more changes to your union. One of the<br />
things I think we need to consider is the increasing workload on<br />
our Executive members and branch officials.<br />
“But I do not accept that<br />
<strong>Queensland</strong> <strong>Police</strong> should pay the<br />
price for Anna Bligh and Andrews<br />
Fraser’s financial incompetence.”<br />
Delegates, the number of internal investigations is now<br />
enormous. They take an enormous amount of time to deal with<br />
and it’s getting to the point where our Executive members are<br />
getting little time with their families. I will be taking to the<br />
Executive a recommendation that we employ two field officers at<br />
the union. Initially, one officer will be based in Brisbane and one<br />
in Townsville to service the north of the state.<br />
The role of these field officers would be to attend interviews<br />
and branch meetings to alleviate the workload of our regional<br />
representatives and branch officials. The north <strong>Queensland</strong> field<br />
officer will probably need some secretarial support so that will<br />
mean considering opening an office Townsville. It might also be<br />
prudent to base an industrial officer there, too. From Townsville<br />
we can service the Northern Region, Far North and the Mackay<br />
and Whitsunday areas of the central region.<br />
Delegates, I strongly believe that our members in north<br />
<strong>Queensland</strong> deserve the same level of service as our members in<br />
the south. Opening an office in Townsville would be a big step<br />
but one I believe that is the next logical step in the evolution of<br />
our union.<br />
Delegates, EB negotiations are not going well. In fact, they’re<br />
not happening at all. Steve Mahoney will give you a<br />
comprehensive briefing on this. It is almost four weeks now since<br />
EB negotiations were supposed to begin but the government<br />
hadn’t until today given their negotiators the authority to<br />
negotiate.<br />
Delegates, the facts we face are these:<br />
• The government offer is 2.5%.<br />
• The Beattie and Bligh governments have turned the state<br />
finances into a financial wreck.<br />
• <strong>Queensland</strong> has lost its AAA credit rating, is in debt up to its<br />
eyeballs and has an unemployment rate much higher than the<br />
rest of the country.<br />
• And on top of that, we have a Premier who has a history of<br />
being antagonistic towards police.<br />
Delegates, we face a very tough battle this time. But I do not<br />
accept that <strong>Queensland</strong> <strong>Police</strong> should pay the price for Anna<br />
Bligh and Andrews Fraser’s financial incompetence. It’s not our<br />
fault that they’ve blown billions on water recycling plants that<br />
will never be used. We will fight for a fair deal for our members.<br />
We have already engaged an experienced barrister who<br />
specialises in industrial matters to provide advice as we proceed<br />
as there is a chance that the Industrial Commission may be<br />
required just to get the government to negotiate in good faith.<br />
Our campaign team, headed by Ross Musgrove, are in full swing<br />
as you can see by the websites and the cartoons. We will fight all<br />
the way for the best possible deal for our members.<br />
Delegates, I want to pay tribute today for a valued member of<br />
our staff who cannot be here. Wendy Macdonald started with us<br />
as a solicitor in September last year and made a big impression<br />
immediately. Members, staff and the Executive quickly came to<br />
rely on her sound advice. She was the writer and co-coordinator<br />
of our very successful submission to the alcohol-fuelled violence<br />
committee. In February, Wendy suffered a stroke in our office<br />
and will be off work for some time to come. She has a terrific<br />
work ethic and a sunny disposition that endeared her to all<br />
that worked with her. I know that we all wish Wendy a speedy<br />
recovery from her illness and look forward to her return to the<br />
mountains of files our legal section deal with.<br />
Delegates, enjoy the debate and our guest speakers over the next<br />
couple of days. Abide by the rules of debate. By all means debate<br />
the motion but remember we are all on the same side. I declare<br />
our 2010 annual conference open.
18 • 2010 Annual Conference <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 2010 Annual Conference • 19<br />
INDUSTRIAL officer Geoff Simpson made history when he was the first civilian to be<br />
awarded life membership at the QPUE 2010 conference. Geoff was recognised for his<br />
achievements during his 17-year career with the union. In a surprise presentation,<br />
President Ian Leavers paid tribute to the enormous support Geoff has shown to members<br />
and his deep respect for the work police officers do.<br />
“He would go into bat for each and every member no matter how small or big the issue<br />
was. He also showed incredible loyalty to the organisation itself – always providing<br />
honest and unbiased advice – regardless of whether the official liked the advice or not.<br />
“His overriding objective was to see a strong, forthright union that could effectively<br />
represent the interests of its members – and for this dedication and hard work I am<br />
honoured to present this award of Life Membership,’’ Mr Leavers said.<br />
Geoff was employed as an Industrial Officer at the <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> on 19th<br />
October 1992 in an industrial landscape far different from now. Since then he has<br />
overseen the development of a strong industrial section that has supported many members.<br />
“This support has been on a personal level, where Geoff has assisted many thousands of<br />
police officers with transfers, pay point progressions, sick leave bank applications,<br />
underpayment of wages and many more industrial matters,” Mr Leavers said.<br />
“Of particular relevance has been his complete and unswerving support of members<br />
injured on the job. These members - many with severe physical or psychological injuries -<br />
have been supported and helped by Geoff as they battle the <strong>Queensland</strong> <strong>Police</strong> Service and<br />
have issues with WorkCover.” Geoff’s expertise extended to his advocacy in the <strong>Queensland</strong><br />
Industrial Relations commission where he had repeated successes in conducting numerous<br />
conciliation conferences and arbitrations.<br />
“But perhaps Geoff’s greatest achievement for the <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> is his<br />
overseeing of Enterprise Bargaining. His arrival at the QPUE coincided with the<br />
introduction of one of the biggest changes in the history of Australian industrial Relations.<br />
We moved from a period of 80 years of centralized wage fixing to the completely new<br />
concept of Enterprise Bargaining. “Geoff negotiated the first <strong>Queensland</strong> <strong>Police</strong> Service<br />
Certified Agreement in 1994, and as we know, he handled the negotiations for all 5 EBAs,”<br />
Mr Leavers said.<br />
“Before Enterprise bargaining began, the starting wage for a constable was approximately<br />
$25,000 per annum and it is now nearly double that. A senior sergeant was on $43,000 per<br />
annum and that rate is now $86,000.” But Geoff did not just concentrate on base rates.<br />
He oversaw the introduction of a broad range of other initiatives that put<br />
more money into the pockets of police officers. This included OSA, and<br />
allowances for one and two officer stations.<br />
At all times during negotiations or other dealings with the QPS, Geoff<br />
was held in the highest regard by friends and foe alike. He established<br />
good working relationships with the service’s representatives based on<br />
integrity and mutual respect and he is highly respected by the Industrial<br />
Commissioners he appeared before. “His overriding objective was to see<br />
a strong, forthright union that could effectively represent the interests of<br />
its members,’’ Mr Leavers said.<br />
The award was presented during the formal dinner for the conference<br />
which was held at the RACV Royal Pines on the Gold Coast. It followed<br />
two days of motions and guest speakers, including Federal MP and<br />
former police officer Peter Dutton, who spoke about retention of staff<br />
still being a major problem facing <strong>Queensland</strong> police. <strong>Police</strong> Minister<br />
Neil Roberts and <strong>Police</strong> Commissioner Bob Atkinson also spoke. South<br />
Australian police provided a unique insight into their new anti-bikie<br />
legislation with a documentary on the outlaw motorcycle gang culture.<br />
Western Australian police gave a presentation on their laws of<br />
unexplained wealth and how they were using them to tackle organised<br />
crime.
20 • Advertisements<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 No Cop Out • 21<br />
No Cop Out<br />
By James Johnston<br />
No Cop Out<br />
THE <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> is proud to announce<br />
the EB6 campaign web site www.nocopout.com<br />
The campaign site will have EB6 information, news,<br />
cartoons and video updates from the QPUE’s<br />
negotiation team. This will be a critical gateway of<br />
information about EB6.<br />
There will be regular surveys, allowing members for the<br />
first time to give live feedback on critical EB issues as<br />
the negotiations develop.<br />
This is a member’s only site and you have to register<br />
on the main site www.apu.asn.au to gain access. If<br />
you have not done so already, register now and you<br />
can go into the $100 member incentive draw.<br />
$100 Draw<br />
There have been two winners announced so far -<br />
congratulations to Constable Christopher Hopkins,<br />
and Sergeant Mark Wrangell. There will be more<br />
winners announced in the coming weeks, so get your<br />
details up to date and it could be your shout next!<br />
Making it easier<br />
There have been a few issues with members<br />
registering for the site, we apologise for this and have<br />
made the process a bit easier. On the top on the front<br />
page there is now a ‘Register’ button, click on this and<br />
fill in the form.<br />
You can now use any user name you like and a few of<br />
the mandatory fields have been relaxed.<br />
If you ever forget your password, go to www.qpu.asn.<br />
au/members/forgot_password/ and fill in your email<br />
address and a password reset email will be sent out to<br />
you.<br />
Any issues or registration problems please send the<br />
web site administrator, James Johnston an email at<br />
jjohnston@qpu.asn.au or contact him on (07) 3259<br />
1989 from 8am-4pm M-F.
22 • It’s Official <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
IT’S OFFICIAL - Scott Adams<br />
By Paula Doneman<br />
Identifying bodies of people killed in horrific circumstances,<br />
training colleagues to use Tasers or overseeing staff in one of<br />
<strong>Queensland</strong>’s busiest police precincts can be part of a daily<br />
routine for Scott Adams.<br />
Sergeant Adams, who also trains fellow officers in firearms and<br />
QPRIME, added the role of QPUE Branch President for Brisbane<br />
City two years ago.<br />
“I became one out of necessity as the previous official<br />
resigned and they couldn’t find anyone, so I stepped in,” said<br />
Sgt ADAMS.<br />
He has been stationed at Brisbane City since 1989 and is<br />
currently a shift supervisor who oversees a team averaging<br />
around 16 staff.<br />
“I like the work environment here because you get a variety<br />
of stuff. With all the retail, we respond to a lot of stealing and<br />
there is the policing of the nightclubs. We handle major events<br />
such as demonstrations and football matches, right through<br />
to evacuating buildings that can hold up to 3,000 people or<br />
handling a crowd of over 150,000 for New Year’s Eve between<br />
the City, Valley and Southbank,” he told the Journal.<br />
Sgt Adams’ skills as an officer assigned to the QPS Disaster<br />
Victim Identification squad have prepared him well to deal with<br />
adversity and for rising to a challenge.<br />
“The DVI is a special breed of people; it’s a volunteer group<br />
of about 20. You obviously have to be able to handle adverse<br />
conditions, work really well in a group and have the drive to<br />
achieve goals. You have to be really motivated and have the<br />
personality to deal with grieving persons,” he said.<br />
“With DVI I have been to Bali for the bombings and Thailand<br />
for the Boxing Day Tsunami. I spent a month in Bali over a<br />
couple of rotations. The first time I was there I was<br />
interviewing families, getting information about possible<br />
deceased and later trying to identify bodies.” When Sgt Adams<br />
arrived in Thailand three months after the Tsunami hit in 2005,<br />
there were still 3,000 bodies to identify.<br />
“While in Thailand I was in charge of the AM/PM area where all<br />
the information was gathered. From the post-mortem<br />
information to information like dental records, fingerprints<br />
and DNA. I was running a crew of about 90 staff from over 14<br />
different countries. I learned very quickly that language is a<br />
cruel barrier….trying to tell someone what to do when we do
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 It’s Official • 23<br />
not speak the same language,” Sgt Adams said. His role of<br />
Branch President also holds many challenges ranging from<br />
providing court support to officers, sitting in on disciplinary<br />
interviews and providing advice.<br />
“Currently senior management is reviewing the rosters for the<br />
City and Fortitude Valley stations. They believe we can respond<br />
to the calls for service during peak times in a better way, so<br />
they are reviewing the rosters, to see what we can do with the<br />
current staffing levels. We may be looking at changes to team<br />
structure and doing more night work as Friday and Saturday<br />
nights are our busiest times. It’s important and part of the<br />
process to have consultation with staff involved and that<br />
includes union representation.”<br />
The father of two daughters who recently married a second<br />
time to his partner who works at Brisbane Communications,<br />
has wanted a career in policing since childhood.<br />
“My parents told me I grew up always wanting to be a police<br />
officer or teacher,” he said. After he left high school, he worked<br />
part-time at Kmart as a shift manager until he joined the QPS<br />
in 1987, graduating a year later.
24 • Car Theft <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Left to Right<br />
Deputy <strong>Police</strong> Commissioner Ian Stewart, Detective Sergeant Peter Ziser, Detective Sergeant Renee Kurtz,<br />
Detective Inspector Mark Ainsworth and Detective Superintendent Gayle Hogan.<br />
car theft<br />
By Paula Doneman<br />
IT reads likes a script from the movie “Gone in 60 Seconds”.<br />
There are car keys with their own “secret DNA” which is only<br />
visible under a special ultraviolet light, and thieves use<br />
tracking devices to steal cars.<br />
But it’s no Hollywood blockbuster – these were elements of<br />
a <strong>Queensland</strong> police sting which earned a detective national<br />
recognition for his work, and exposed several scams within<br />
the motor industry. Operation Hotel Raptor kicked off in April<br />
last year, when the Vehicle Crime Unit (VCU) received<br />
information about some cars on a Gold Coast property.<br />
“We attended there with the Gold Coast CIB and searched the<br />
property where we found nine stolen vehicles,’’ said Detective<br />
Sergeant Peter Ziser, a team leader in the Organised Crime<br />
Unit (Vehicle Crime), State Crime Operations Command.<br />
“The owner of the property, a motor mechanic who ran a<br />
wrecking yard, was allegedly involved with disposing of cars<br />
as part of an insurance fraud scam. He allegedly had his own<br />
clients or tow truck drivers pay him a fee to make a car ‘<br />
disappear’ by dismantling them so they were never found.<br />
Some were allegedly sold for parts through his wrecking<br />
yard,’’ said Det-Sgt Ziser.<br />
VCU detectives found that the owners of the cars were people<br />
who could not afford to keep the car because of financial<br />
problems or high costs of repair. They then lodged a claim<br />
with their insurance company that their car was stolen. Hours<br />
after the raid on the Gold Coast property, the motor mechanic<br />
allegedly told detectives he was supposed to steal a black<br />
Alpha Romeo Coupe from an address at Labrador. The owner<br />
left the key secreted in the front mag wheel.<br />
“We located the key and with the appropriate authorisation,<br />
drove the vehicle to the holding yard because there were<br />
allegations that tow truck drivers were involved with the scam<br />
so we could not risk tipping anyone off. The mechanic<br />
allegedly told us that part of the scam was after he got rid<br />
of the Alpha, the key had to be returned to the owner so she<br />
could take it to the insurance company when she filed her<br />
stolen car claim.”<br />
“This is a popular method to defraud insurance companies as<br />
one of the first questions they ask is ‘where are your keys?’ “<br />
Sgt Ziser said. As soon as he drove the car, Sgt Ziser said he<br />
knew the motivation of the owner to have it “stolen’’ was that<br />
it was in need of repair. “The car was running really rough<br />
and being an Alpha Romeo, repairs would not be cheap,’’ he<br />
said.<br />
The investigation then hit a hurdle when detectives<br />
discovered they could not get a copy of the key to hand back<br />
to the owner without paying several thousand dollars.<br />
“We knew we had to get an identical key for the scam but we<br />
couldn’t do it so we microdotted the key. It was like giving<br />
the key its own DNA, and then allegedly gave it back to the<br />
mechanic. When the microdots are held under a UV light and<br />
put under a microscope it shows ‘<strong>Queensland</strong> <strong>Police</strong> Service –<br />
Auto Theft Unit’. We covertly taped him allegedly handing the<br />
key over to a tow truck driver who returned it to the owner.<br />
She reported her car stolen,’’ he said.<br />
The detectives then retrieved the key from the insurance<br />
company and questioned the car owner who at first<br />
vehemently denied any wrongdoing.<br />
“She was very confident, looked us straight in the eye and<br />
lied. Then we dropped the bombshell about the microdot on<br />
her car key, and she buried her head in her hands and cried.<br />
She admitted her guilt and assisted police. She has since<br />
been convicted of fraud,’’ Det-Sgt Ziser said.<br />
In the meantime, detectives gathered further evidence by<br />
back-tracking the owners of the nine cars found on the<br />
mechanic’s property and allegedly established links between<br />
the wrecking yard, tow truck drivers and a panel beater. “We<br />
did pre-text phone calls, conducted surveillance, did CCRS<br />
and collected statements. “<br />
“One of the vehicles found on the mechanic’s property was a<br />
12-month old $80,000 Jeep which the owner allegedly wanted<br />
stolen because he wanted to upgrade to a new model. We<br />
used an ex-police officer turned forensic locksmith to show<br />
the car could not be stolen without a key code which is<br />
impossible to bypass. It showed the car was not hotwired as<br />
the owner allegedly claimed,’’ said Det-Sgt Ziser.<br />
The Jeep owner was charged with fraud and drug offences
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Car Theft • 25<br />
after VCU detectives raided his Byron Bay home. Det-Sgt<br />
Ziser said car owners who commit insurance fraud by falsely<br />
claiming their car had been stolen risked being sued by the<br />
companies. “This investigation has highlighted the high level<br />
of theft and fraud which has gone through the roof during the<br />
global economic crisis.”<br />
Operation Hotel Raptor ran for two months, resulting in 17<br />
people being charged with 36 offences. Last month,<br />
Det-Sgt Ziser was presented with an award for Data Dot<br />
Investigation of The Year at the annual conference of the<br />
International Association of Auto Theft Investigators.<br />
The investigation also discovered another scam in which car<br />
thieves were selling their vehicles with a secretly installed<br />
tracking device.<br />
“They would sell the vehicle and then steal them back using<br />
the tracking devices and a spare key they had not passed on<br />
to the new owner. They would then rebirth the vehicle and<br />
sell it again.” This scam turned the VCU focus back to<br />
rebirthing, with detectives launching Project TREX.<br />
“As a result of Hotel Raptor we also identified a group of<br />
people involved in the stealing and rebirthing of vehicles.<br />
They were targeting wrecks that were not on the Written-Off<br />
Vehicle Register (WOVR) as the insurance on the vehicles was<br />
void through actions such as drink driving or drag racing.<br />
Whenever a car has crashed and there is an insurance claim,<br />
it must go through an inspection process to ensure that it is<br />
the same vehicle that was written off and not one rebuilt with<br />
stolen parts.”<br />
“We found people in the motor industry would approach car<br />
owners with vehicles not likely to be paid out through<br />
insurance and say ‘I know someone who will pay for your car<br />
wreck’. They then pass it back to the criminals who take the<br />
VIN numbers off the wrecks and put them on stolen cars and<br />
rebirth them.”<br />
“If you search websites such as Ebay you will see car wrecks<br />
with high price tags because you are not paying for the car<br />
itself, you are paying for its identity.” Det-Sgt Ziser said the<br />
rebirthing scam was a national problem and the VCU had<br />
identified several rackets operating in southeast <strong>Queensland</strong>.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Over The Limit • 27<br />
OVER THE LIMIT<br />
Booze, bashings and brutality on our streets<br />
By Paula Doneman.<br />
Photo by Rob McColl, Courier-Mail<br />
The QPUE worked with the Courier-Mail on its “Punch Drunk“ campaign to highlight the impact of alcohol-fuelled violence.<br />
She is not sure of how tonight will go – her crew is down to 16 as<br />
four officers have been sent to Operation Stopper to target drink<br />
drivers.<br />
It’s midnight Friday as Sergeant Kayt Howe logs on as car B430<br />
to Brisbane Communications, one of the call signs for Fortitude<br />
Valley police.<br />
With more than 150 licensed venues and two malls across four<br />
city blocks to patrol and a public that can swell from 10,000 to<br />
30,000, the odds are against them.<br />
Sgt Howe has been working the Valley for the last six of her 21<br />
years service with the QPS and she, along with other seasoned<br />
officers, are seeing first- hand a significant increase in<br />
alcohol-fuelled violence, drug abuse and public disorder amongst<br />
the thousands of revelers who flock to the nightclub precinct<br />
every Friday and Saturday night.<br />
“I enjoy the challenges of the Valley,’’ she said.<br />
The QPUE Journal spent a nightshift last month with the police<br />
stationed at the Fortitude Valley Mall Post for a glimpse of what<br />
frontline police face in this busy area. On a Friday night up to<br />
15,000 people flood the Valley. That population doubles on a<br />
Saturday night – up to 50,000 if there is a special event.<br />
The crews patrolling the nightclub and entertainment precinct<br />
and often only have to walk a few metres before there is trouble.<br />
<strong>Police</strong> often become casualties themselves of violence with<br />
officers injured when arresting drunks or risk further assault from<br />
their friends or bystanders. One officer told of how a colleague<br />
broke his arm when he smashed into a door-jam while trying to<br />
arrest a drunk.<br />
Sgt Howe has her crews work in groups of three. “That way there<br />
is always one officer watching your back. Situations can escalate<br />
quickly where the crowd can become violent…it gets way out of<br />
hand very quickly.’’<br />
The mall post is a revolving door of officers responding to<br />
incidents, or returning with members of the public to be<br />
processed and charged before going to the watchhouse. It’s<br />
relentless but the officers remain professional and resilient.<br />
On our way to the mall post, Sgt Howe is called to a nightclub on<br />
Brunswick St. A drunken patron has been ejected from the club.<br />
When we arrive, uniform staff have the matter under control<br />
as they try to make sense of the heavily intoxicated<br />
twenty-something. He only comes to life when he vomits all over<br />
the footpath.<br />
“This is the bread and butter of what we do…mostly public<br />
disorder and drunken behaviour,’’ said Sgt Howe. Two volunteer<br />
chaplains, who spend their Friday and Saturday nights assisting<br />
police and emergency services, try to clean up the man.<br />
Sgt Howe describes Friday and Saturday nights in the Valley as<br />
“controlled chaos’’.<br />
It’s a chaos that seems to erupt easily if one drunk accidentally<br />
bumps another, or with arguments between couples or refusal of<br />
entry to nightclubs.<br />
Just when she sits back in the patrol car, Sgt Howe is out again<br />
as a fire engine, with lights and sirens, tries to safely negotiate its<br />
way through drunken crowds spilling onto Brunswick St.<br />
“We also have problems with pedestrians who are often drunk<br />
when crossing busy streets,” she said.<br />
Meanwhile a heavily intoxicated man has allegedly assaulted two<br />
women sitting in their car on the border of Fortitude Valley and<br />
Spring Hill. He was charged with two counts of assault<br />
occasioning bodily harm.<br />
From then on the night deteriorates into responding to<br />
alcohol-fuelled violence and disorder. In some cases, police try to<br />
calm members of the public and ask them to go home or get into
28 • Over The Limit <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Photo by Rob McColl<br />
a cab. Many opt to fight or resist police. One woman who had<br />
been evicted from a nightclub for fighting rejected two<br />
attempts by police to help her into her a cab at both ends of the<br />
Brunswick St Mall.<br />
At 1.55am, Constables Jenna Bonney and Jess Lunt arrest a man<br />
ejected from a nightclub for fighting. Initially given a choice to<br />
leave the Brunswick St Mall, he refuses and becomes aggressive<br />
with the officers. He spends the remainder of his 21st birthday<br />
celebrations in the watchhouse.<br />
The CCTV cameras being monitored inside the mall post, paint<br />
a grim picture of public behavior under the influence of alcohol<br />
and drugs.<br />
One Fortitude Valley police officer who has been stationed in the<br />
area for several years said one of the problems fuelling the<br />
violence was people arriving in the area already drunk and<br />
spending the next few hours getting more so.<br />
“Most people arrive half drunk, some to the point where they<br />
shouldn’t be served”.<br />
“There is definitely a loss of respect for police, now when we ask<br />
someone to do something, they say, ‘fuck off, you can’t tell me<br />
what to do’,’’ an officer said.<br />
After 3am, problems start to rise as police are kept busy with<br />
people left on the street by the lockout, and then again at 5am<br />
when heavily intoxicated patrons pour out of the nightclubs.<br />
At 3.20am, Sgt Howe is granted permission to keep two officers<br />
on overtime as they respond to a number of assaults and<br />
disturbances. One crew finds a man urinating on a shop front.<br />
When they arrest him, his friend interferes and is arrested too.<br />
Officers are called to Brunswick St where there are reports of a<br />
fight involving a knife. Minutes later they respond to an assault<br />
in the Chinatown Mall.<br />
Two bouncers bloodied and with ripped shirts arrive at the mall<br />
post. They tell police about a patron who attacked them when he<br />
was removed from a nightclub.<br />
An officer who has worked in the Valley for several years said a<br />
1am lockout would be a step towards reducing the<br />
alcohol-related problems.<br />
“The longer they can drink, the worse it becomes. The use of<br />
party drugs has become more widespread with the increase of<br />
trading hours over the years,’’ the officer said.<br />
The Journal’s night out came a week after a <strong>Queensland</strong><br />
parliamentary committee into alcohol-fuelled violence released<br />
its report with 68 recommendations on how to tackle the<br />
problem.<br />
<strong>Queensland</strong> Parliament’s Law, Justice and Safety Committee<br />
recommended pubs and clubs in entertainment precincts to<br />
be allowed to trade no later than 2am on weekdays and 4am<br />
on weekends. The committee also called for the existing 3am<br />
lock-out to be pushed forward to 2am, and recommended courts<br />
should be given the power to ban repeat violent offenders from<br />
visiting certain areas.<br />
The QPUE, which spearheaded a comprehensive submission to<br />
the inquiry, supported by paramedics, the Brisbane Lord Mayor<br />
and the Royal College of Surgeons, backed the new proposed<br />
trading hours, and called for greater police numbers to tackle the<br />
violent crime in entertainment precincts.<br />
“There is no doubt we would have preferred even earlier closing<br />
times, however, what is proposed should be a big improvement<br />
on the ridiculous situation we currently have”.<br />
“For nightclub hot-spots such as Surfers Paradise and Fortitude<br />
Valley it will effectively mean a 17-hour reduction in trading<br />
hours per week for the bigger venues,“ QPUE <strong>General</strong> President<br />
Ian Leavers said.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Over The Limit • 29<br />
Photo by Rob McColl<br />
“The government crowed long and loud about the results of this<br />
operation, yet refuses to concede that these kind of staffing levels<br />
are required year round,’’ he said.<br />
Photo by Rob McColl<br />
“Outside of the designated entertainment precincts the<br />
proposed cut-backs will, in some cases, go further. There are<br />
some suburban hotels that are currently trading until 5am that<br />
will be restricted to 3am on weekends and 1am through the<br />
week. “<br />
A big plus for police should be that many nightshifts would be<br />
able to finish earlier - maybe 3am weekdays instead of 6am, and<br />
weekends 5am instead of 6am.<br />
“I know from experience that getting to bed before the sun rises<br />
can make a huge difference to the body clock when you work<br />
shift work,’’ Mr Leavers said.<br />
At the time of publication, media reports indicated Brisbane CBD<br />
licensees were cracking down on drunken violence ahead of the<br />
new laws. This included the committee’s and the QPUE<br />
recommendations that ID scanners be installed to facilitate bans<br />
on problem patrons.<br />
The QPUE also welcomed the inquiry’s call for Special<br />
Responsible Service of Alcohol Marshalls to patrol late night<br />
venues with breathalysers, and ensure intoxicated patrons were<br />
not being given more booze.<br />
“Their sole responsibility will be to observe the patrons to ensure<br />
that alcohol is not being provided to patrons who have already<br />
had too much to drink,’’ Mr Leavers said.<br />
<strong>Police</strong> numbers working in nightclub areas were dangerously low<br />
and needed to be doubled to ensure the safety of officers and the<br />
public.<br />
Recent operations, including Operation Merit, that effectively<br />
doubled the number of police working in these areas showed<br />
what a difference having adequate police on the ground can<br />
make.<br />
“We need to double police numbers working in nightclub areas<br />
to ensure the safety of the officers and the public. That would<br />
mean an increase of at least 400 officers over and above the 200<br />
required every year to keep up with <strong>Queensland</strong>’s population<br />
growth,’’ Mr Leavers said.<br />
The additional officers need to be employed over the next two<br />
years and deployed to Brisbane City, Fortitude Valley, the Gold<br />
Coast and major regional centres.<br />
“With the current staffing levels police have no hope of safely<br />
managing the thousands of drunks on our streets. Every dollar<br />
spent preventing violent and sexual assaults will take some<br />
pressure off our beleaguered health system.”<br />
“Our officers are routinely injured whilst on duty in nightclub<br />
areas, due to booze-fuelled idiots with no fear of the law,” Mr<br />
Leavers said.<br />
He expressed concern that Premier Anna Bligh may water down<br />
the committee’s recommendations.<br />
“The committee recommendations are based on fact and need to<br />
be implemented lock, stock and barrel so that we can reduce the<br />
violence on our streets after dark,” Mr Leavers said.<br />
“The experience in Newcastle demonstrates that <strong>Queensland</strong> has<br />
the opportunity to massively reduce crime if these<br />
recommendations are implemented, he said.<br />
“Alcohol -fuelled violence is not just a catchy phrase; it’s a<br />
workplace health and safety nightmare for our officers, and the<br />
victims of this violence are clogging up our hospital wards with<br />
horrendous injuries that are entirely preventable. Of course some<br />
revelers also end up dead because of this drink-until- daylight<br />
culture that has emerged in recent years.’’<br />
The day before the committee’s report was released, Premier<br />
Bligh told media the government was not looking to unfairly<br />
crack down on pubs and clubs.
30 • Over The Limit <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Photo by Paula Doneman<br />
Photo by Rob McColl<br />
She said she hoped the committee would propose courses of<br />
action that were in the “best interest of the public and our<br />
entertainment precincts’’.<br />
“I think it is important that we don’t see trading hours as some<br />
sort of magic bullet. <strong>Police</strong> numbers, public transport solutions<br />
and crowd control are also part of managing these precincts<br />
better,’’ she told reporters.<br />
Photo by Rob McColl<br />
It’s just after 5am as we drive back to Fortitude Valley station for<br />
Sgt Howe to write up her log and do the shift hand over. She<br />
sees a taxi parked on the side of Wickham St. The driver is<br />
standing on shattered glass from his back window where a drunk<br />
had punched and shattered his window.<br />
Photo by Paula Doneman<br />
Sgt Howe takes his statement, radios in a description of the<br />
offender and his girlfriend. She then explains that he will have to<br />
take his cab in for forensic examination. She calls for Scenes of<br />
Crime to come out and take samples from a bloody trail left by<br />
the man who smashed the window.<br />
It is the last job for Sgt Howe after a long night, and she along<br />
with her crew, were back out there the Saturday night doing it all<br />
over again.<br />
ED’s NOTE: As the Journal went to press, Fortitude Valley police<br />
were investigating a large brawl that erupted on Wickham St<br />
outside a nightclub around 4am Easter Saturday morning.<br />
It started as a fight among five men, but quickly escalated to<br />
involving up to 30 people. <strong>Police</strong> had to call in back-up from the<br />
City and Valley divisions when the crowd and alleged offenders<br />
became violent when officers arrested four men.<br />
No officers were injured but one police officer was punched in<br />
the face by a bystander while arresting one of the men.<br />
Capsicum spray had to be used and several people were charged<br />
with obstructing police.<br />
Photo by Paula Doneman
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 The Mt-Cootha Classic • 33<br />
THE MT-COOTHA<br />
CLASSIC<br />
More than 80 years of automotive racing technology will be<br />
on display at the Mt Cootha Classic next month.<br />
On May 29 and 30, more than 200 classic cars and<br />
motorcycles will be on display and competing in timed<br />
sprints up Mt Cootha in Brisbane’s west.<br />
The event is a recreation of a race on Mt Cootha held in<br />
1916, one of <strong>Queensland</strong>’s earliest recorded motorsports<br />
events. The hill climb is held on Scenic Drive and follows the<br />
original course.<br />
Mt Cootha, otherwise known as One Tree Hill, has a history<br />
of competitive motorsport on its slope, with Boyd Edkins<br />
winning the first hill climb there in April 1915. F.Z. Eager,<br />
whose family name became associated with sales and<br />
distribution of motor vehicles in Brisbane at Eagers<br />
Motors, won the early hill climbs in 1916 and 1918.<br />
The Mt Cootha Classic, which is in its second year, attracts<br />
some 250 entrants in all types of vehicles dating from 1911<br />
to 2010. These include race cars, Grand Prix motorcycles,<br />
rally cars and speedway vehicles.<br />
Brisbane West District Traffic Branch will have a large road<br />
safety display inside the event incorporating the Forensic<br />
Crash Unit, Crime Stoppers, Cars-Q, the Morgan & Wacker<br />
Motorcycle Training School and several others.<br />
Sergeant Russell “Muddy” Waters said part of the display was<br />
to encourage drivers, particularly motorcycle riders, to take<br />
defensive driving courses.<br />
“To do an advanced skills course is not a huge expense in<br />
comparison to the cost of a serious accident or loss of life,’’<br />
Sgt Waters said.<br />
Bill Westerman, event organiser and president of the Historic<br />
Racing Car Club (Qld) Inc, said the Mt Cootha Classic<br />
celebrated the history of motorsport in <strong>Queensland</strong>.<br />
“It also showcases motorsport under controlled conditions<br />
where the excitement of speed and competition can be<br />
enjoyed with minimal risk to both the public and the<br />
competitors.”<br />
“The presence of <strong>Queensland</strong> <strong>Police</strong> at this year’s event is an<br />
attempt to bring to the attention of those attending, the risk<br />
of bad behaviour on our roads and the possibilities of<br />
reducing this through regulated motorsport,’’<br />
Mr Westerman said.<br />
Admission is $20 per day for adults and $15 for concession.<br />
A weekend adult pass can purchased for $30.<br />
For more information about the weekend go to<br />
www.coothaclassic.com.au
34 • Behind The Spin<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Behind the spin<br />
RUNNING MAN<br />
By Ross Musgrove<br />
“Some days are diamonds, some days are<br />
stone, sometimes the hard times won’t leave<br />
me alone.”<br />
It’s a karaoke favourite the world over, but, I<br />
reckon it’s stuck in Tony Abbott’s head about<br />
now.<br />
The Federal Opposition Leader’s polling is heading south<br />
and it is clear that the honeymoon is over. Tony Abbott<br />
seems convinced that parading his extremely fit body all<br />
over our television screens will endear him to the average<br />
punter.<br />
“ Yes, five or maybe ten per cent of<br />
the population is wowed by his athletic<br />
prowess, but for the rest of us,<br />
it’s just another reminder that Tony<br />
is a bit weird ”<br />
Tony Abbott<br />
Mr Abbott doesn’t get it. His polling numbers should be<br />
proof enough that he is alienating quite a few of the couch<br />
potatoes amongst us. He’s not the first pollie to get this<br />
wrong. Lawrence “the Borg” Springborg also was repeatedly<br />
filmed running everywhere. He is still in Opposition.<br />
Here’s a free tip for Tony Abbott - on the other side of the<br />
telly are a bunch of generally overweight, unfit gluttons and<br />
sloths that are getting very sick and tired of watching you<br />
showing off.<br />
Yes, five or maybe ten per cent of the population is wowed<br />
by his athletic prowess, but for the rest of us, it’s just another<br />
reminder that Tony is a bit weird.<br />
Lawrence Springborg
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Behind The Spin • 35<br />
The asylum seekers are certainly looming as a big issue,<br />
but they’re probably not the game changer they once were.<br />
With a lot of the asylum claims set to be rejected, the<br />
number actually returned to their country of origin is also<br />
set to break new records, which should negate some of the<br />
political fallout.<br />
In the main, these asset sales don’t make sense in the<br />
long-term but they’re obviously desperate to replace the<br />
cash-flow lost when resources royalties shrank.<br />
Premier Bligh has been announcing plenty of new resources<br />
projects although the difficulty is the revenue will not begin to<br />
roll in for between six and ten years from now.<br />
Whilst the public are beginning to question Kevin Rudd’s<br />
credentials, he looks unbeatable at the moment as he is<br />
set to increase Labor’s majority at the federal election later<br />
this year. Tony Abbott looks more and more like just another<br />
Opposition leader – albeit a fit one.<br />
“ I don’t get how they can all still<br />
manage to look so smug while they flog<br />
the family silver to pay the<br />
day-to-day expenses ”<br />
GOING, GOING, GONE<br />
Anna, Andrew and Paul are spearheading the fire sales of<br />
<strong>Queensland</strong>’s assets as we speak. I cannot help but think<br />
that in years to come we will all look back at this as a low<br />
point in our state’s proud history.<br />
Anna Bligh<br />
Big projects aren’t built in a day and are unlikely to resolve<br />
the government’s cash-flow problems anytime soon.<br />
That elusive AAA credit rating is still some time away and so<br />
is a recovery in Anna Bligh’s polling numbers.<br />
I don’t get how they can all still manage to look so smug<br />
while they flog the family silver to pay the day-to-day<br />
expenses. Long standing Labor devotees are filthy with<br />
them, and I don’t blame them.
36 • Beyond Reasonable Doubt <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
The judicial discretion to<br />
record or not record a<br />
conviction<br />
by Calvin Gnech Legal Officer QPUE<br />
I have received requests from officers in regard to when it is<br />
appropriate to record a conviction against an offender or not.<br />
To keep this question simple, let’s leave out juvenile<br />
offenders as that is a completely different topic.<br />
The discretion to record or not record a conviction is<br />
governed by section 12; Penalties and Sentences Act 1992;<br />
12 Court to consider whether or not to record conviction<br />
(1) A court may exercise a discretion to record or not record<br />
a conviction as provided by this Act.<br />
(2) In considering whether or not to record a conviction, a<br />
court must have regard to all circumstances of the case,<br />
including--<br />
(a) the nature of the offence; and<br />
(b) the offender’s character and age; and<br />
(c) the impact that recording a conviction will have on the<br />
offender’s--<br />
(i) economic or social wellbeing; or<br />
(ii) chances of finding employment.<br />
There has been a significant amount of judicial comment in<br />
regards to this topic since the introduction of the Penalties<br />
and Sentences Act. Usually sub-sections 2(a) and (b) speak<br />
for themselves and the judicial comment relates to the<br />
interpretation and requirements to satisfy subsections 2(c) (i)<br />
and (ii).<br />
It must be remembered this is a discretion of the court and<br />
the decision ultimately lies with the judicial officer relying<br />
on the facts and circumstances they deem relevant to this<br />
decision. However, as per most aspects of law there is<br />
judicial comment both in favour of the prosecution and<br />
against.<br />
In cases such as R v Bain and R v Quakuschefski it has been<br />
held that there must be some evidence before the court<br />
supporting the impact on the person’s economic or social<br />
wellbeing or chances of finding employment. It was held<br />
further ‘A bare possibility that a conviction may affect<br />
prospects is insufficient.’ Quakuschefski’s Case also held the<br />
court must be careful not to discriminate against those who<br />
are unemployed. Such an outcome smacks of privilege and<br />
can only lead to the evolution of a special class of persons in<br />
society who are exempt from the full operation of the<br />
criminal law, at least at its lower reaches.<br />
There are however more recent cases that are not so<br />
supportive of this position. In R v Briese it was held a court<br />
would be more easily persuaded against the recording of a<br />
conviction where there were no prior convictions or a very<br />
minor history, and where the offence in question was a<br />
so-called ‘victimless’ crime.<br />
Further in R v Cay Justice Keane stated; ‘the existence of a<br />
criminal record is, as a general rule, likely to impair a<br />
person’s employment prospects…..it is not an essential<br />
requirement to identify specific employment opportunities.’<br />
In 2003, in R v Seilerand, then affirmed only last month by<br />
the Court of Appeal in R v Doddit, was held the following<br />
proposition. Where there was no evidence about the impact<br />
that recording a conviction would have on an offender’s<br />
economic or social well-being or chances of finding<br />
employment, it could be presumed with some confidence<br />
that a conviction could only have a negative impact on these<br />
matters.’<br />
Government calling for public comment<br />
The Office of QPU Solicitor is currently compiling<br />
submissions to submit on behalf of the QPUE as part of the<br />
<strong>Police</strong> Powers and Responsibilities Act review, and also the<br />
‘drink driving and drivers license review’. Feel free to email<br />
solicitor@qpu.asn.au with your views.<br />
(Unrep Qld CA Appeal No 452 of 1996, 14 March1997) at p<br />
4. (Unrep Qld CA Appeal No 139 of 1994, 12 August 1994.<br />
(1997) 92 A Crim R 75 Ex-parte A-G (Qld) 2005 158 A Crim<br />
R 488 [2003] QCA 217. [2010] QCA 31.<br />
Atkinson v Gibson<br />
I have fielded a lot of calls in regard to last month’s article<br />
on the District Court decision of Atkinson v Gibson. We can<br />
confirm the QPS Solicitor has lodged an appeal in the Court<br />
of Appeal. I will keep you informed of the outcome.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Sidebar • 37<br />
By Calvin Gnech Legal Officer QPUE<br />
Sidebar<br />
“Sidebar” is being introduced to the journal as a regular addition for the purpose of giving brief summaries of selected<br />
recently decided cases which may be of interest to members. Members seeking a full understanding of the case will need to be<br />
obtained the full case. These case summaries have been prepared by Ken Mackenzie of Mackenzie Mitchell Solicitors as part<br />
of his Q-Crime weekly digest.<br />
R v Franicevic [2010] QCA 36 – Dock identification. Samios DCJ<br />
allowed the prosecution to re-open evidence of W and make a dock<br />
identification of F. Judge directed on the dangers of dock<br />
identifications but failed to direct on identification issues generally.<br />
Appeal allowed. Re-trial ordered.<br />
R v Pretorius [2009] QDC 414 – Trial without jury. Application for<br />
trial by judge alone by accused on the (curious) grounds that he<br />
had previous similar convictions, intended to lead evidence of<br />
those convictions in his defence, and the details would be available<br />
to jurors searching the internet. Held: Not in the interests of justice<br />
to dispense with a jury. Application refused.<br />
R v Hardy [2010] QCA 28 – Arrest. Handcuffs. After a positive<br />
roadside breath test H refused to accompany police. Handcuffs<br />
placed on H, who struggled and fought with police. Convicted of<br />
3 serious assaults. Held: The mere fact that a person is arrested is<br />
not sufficient justification for the use of handcuffs [35]. The use of<br />
force must be reasonably necessary [38]. The use of excessive force<br />
would take the arresting officer outside of the execution of their<br />
duty [40]. The summing-up on these issues was wrong, confusing<br />
and inadequate. Convictions quashed. Re-trial ordered. Comment:<br />
Interestingly, Muir JA at [40] returns to a conventional view of the<br />
relationship between excess force and execution of duty. Compare<br />
to earlier remarks by Muir JA in R v Hawton [2009] QCA 248 at<br />
[21].<br />
R v Manser [2010] QCA 32 – Sentencing. Imprisonment as last<br />
resort. Sentence for indecent assault. Vs aged 16 and 17. Held:<br />
Rejected Crown submission that imprisonment must be imposed in<br />
all but exceptional cases. It would be inconsistent to apply such a<br />
rule and at the same time apply the statutory requirement in s.9(2)<br />
(a) PSA that imprisonment is a last resort. However, in this case, 4<br />
months imprisonment not excessive.<br />
R v Hardy [2009] QDC 413 – Sentencing. Breach of suspended<br />
sentence during extended operational period. H’s offence<br />
committed during extended operational period, but before 1<br />
December 2008, when amendments restored the power to activate<br />
such a sentence. Held: The amendments had a substantive effect.<br />
They were not retrospective. The suspended sentence could not be<br />
activated.<br />
R v Colless [2010] QCA 26 – Sentence for rape. Brisbane’s<br />
“bikeway rapist”. 11 attacks over 27 months in public places.<br />
Digital penetration in 5. Gratuitous violence in 2. Guilty plea,<br />
ex-officio. Remorse and co-operation after initial denial. Admission<br />
to some offences of which would otherwise not be convicted.<br />
Low risk of re-offending if completed treatment. Original sentence<br />
25 years imprisonment, eligible for parole after 15 years. Reduced<br />
to 16 years imprisonment, eligible for parole after 12 years and 10<br />
months.<br />
R v Chandler [2010] QCA 21 – Sentence for importing<br />
pseudoephedrine. Approx. 3kg. Possessed a laboratory for<br />
manufacturing methylamphetamine. Principal, not courier. Guilty<br />
plea, ex-officio. 35 years old. Minor previous drug convictions. Not<br />
an addict. Original sentence 5 years imprisonment, non-parole 3<br />
years. Not varied.<br />
R v Evans [2010] QCA 30 – Sentence for burglary. E reached inside<br />
vehicle and removed a wallet. Not guilty plea. 26 years old.<br />
“Appalling” history of previous convictions for dishonesty. Drug<br />
addiction. Offence on parole. Neither counsel at sentence<br />
appreciated the effect that cancelling the parole would have;<br />
i.e. extending the full-time release date of the earlier sentence;<br />
s211(2)(c) CSA. Crown submitted for up to 18 months.<br />
Original sentence 3 years imprisonment, cumulative upon an<br />
earlier sentence. Reduced to 1 year imprisonment, cumulative<br />
upon the earlier term.<br />
R v Byrne [2010] QCA 33 – Sentence for fraud and dealing in<br />
proceeds. B impersonated bank customer, withdrew $1.38 million,<br />
and transferred it overseas. All but $250,000 recovered. Guilty<br />
plea. 48 years old. Carer for aged mother. Chronic depression.<br />
Co-operation with authorities but of little value. Claimed to be<br />
gullible dupe who received no benefit and, although that was an<br />
unlikely claim, the impaired reasoning evident in his oral<br />
submissions to the Court made the claim probable. Disparity of<br />
sentence with co-accused not known at B’s sentence. Original<br />
sentence 6 years imprisonment, non-parole period 3½ years.<br />
Reduced non-parole period to 18 months.
38 • Workcover Injuries and Common Law Update <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
WORKCOVER INJURIES<br />
AND<br />
COMMON LAW UPDATE<br />
By Ryan Heath, Partner, Sciaccas Lawyers and Consultants<br />
QPUE members will be aware that Sciaccas Lawyers and<br />
Consultants are the official lawyers for the <strong>Queensland</strong><br />
<strong>Police</strong> <strong>Union</strong> of Employees advising with respect to workplace<br />
injuries, Workcover claims and common law claims.<br />
Members will be aware that if they suffer an injury in<br />
the course of their employment, whether physical or<br />
psychological, they are entitled to lodge a statutory claim for<br />
Workcover benefits.<br />
To have a statutory claim accepted, an injured worker must<br />
be able to show that at the time of sustaining the injury he<br />
was a worker, that he has sustained an injury, and that his<br />
work was a significant contributing factor to sustaining the<br />
injury.<br />
In injuries of a physical nature this test is easily met. With<br />
respect to psychological injuries there is a further exception<br />
dealing with reasonable management action that has been<br />
commented upon in other articles in this journal.<br />
Once a worker’s injury is determined to be stable and<br />
stationary, Workcover may issue a Notice of Assessment.<br />
That Notice of Assessment may contain an offer of lump sum<br />
compensation based upon the injured workers work related<br />
impairment (WRI).<br />
Should the injured worker be assessed with a WRI of less<br />
than 20%, he or she will need to make an irrevocable choice<br />
as to whether they wish to accept the amount of lump sum<br />
compensation or proceed with a claim for common law<br />
damages. A claim for common law damages will only succeed<br />
where the injured worker is able to show that his injury has<br />
arisen due to the negligence of the employer.<br />
The benefit of proceeding with a claim for common law<br />
damages is that the injured worker is entitled to be<br />
compensated for a number of heads of damage. Those<br />
heads of damage include pain and suffering and loss<br />
of amenities of life, out-of-pocket expenses incurred in<br />
seeking medical treatment, purchasing medication, ongoing<br />
medical expenses, past economic loss including loss of any<br />
operational service allowances, specials or overtime, future<br />
economic loss and loss of superannuation entitlements.<br />
Once an injured worker has received legal advice that he<br />
has prospects of success in such a common law claim, the<br />
Workers Compensation and Rehabilitation Act 2003 sets<br />
out the pre proceedings process to be followed to resolve<br />
these matters. The pre proceedings process attempts to<br />
resolve matters at any early stage without the delay and cost<br />
involved in proceeding through the court process.<br />
The first step in the pre proceedings process is for the<br />
injured worker to lodge a Notice of Claim for Damages<br />
setting out in detail the injuries suffered, the allegations<br />
of negligence and an offer of settlement. Workcover<br />
<strong>Queensland</strong> then has a period of six months in which to<br />
investigate the claim and provide a liability response.<br />
A liability response will contain either an admission or a<br />
denial of liability and, should there be an admission, a<br />
counter offer of lump sum compensation. Once the liability<br />
response is received the parties have three months to<br />
convene a compulsory conference in an attempt to resolve<br />
the matter. Only if the matter is unable to be resolved at that<br />
compulsory conference can the court proceedings commence.<br />
Following are a number of examples where we have acted on<br />
behalf of members of the QPUE with respect to this<br />
pre-proceedings process.<br />
Case Study One<br />
We acted for a member who sustained a serious fracture<br />
to his leg while attempting to scale a fence. The member<br />
had received radio contact that a break and enter was in<br />
progress. He travelled to the property and found all doors<br />
and side gates locked.<br />
Accordingly he decided, rather than kicking down the fence<br />
and hence potentially disturbing the intruder, to climb over<br />
the six-foot picket fence.<br />
In the course of doing this, the cuff on his standard issued<br />
trousers caught on the picket and he fell to the ground<br />
sustaining a serious leg fracture. He underwent surgery and<br />
was off work for a period of time. He had since returned to<br />
operational duties but was unable to undertake specials due<br />
to the injury.<br />
He had received a Notice of Assessment from Workcover<br />
<strong>Queensland</strong> containing an offer of lump sum compensation.<br />
We advised him that there was potential negligence on<br />
behalf of the <strong>Queensland</strong> <strong>Police</strong> Service and accordingly<br />
recommended a common law claim.<br />
We argued at the compulsory conference that “first<br />
response” officers should be issued with “bloused” trousers<br />
similar to the SERT, given that they are most likely to be<br />
involved in situations like chasing an offender or climbing a<br />
fence. The matter settled at the compulsory conference for<br />
a sum of money in excess of that contained in the Workcover<br />
Notice of Assessment.<br />
Case Study Two<br />
We acted for a member who suffered a back injury as a<br />
result of wearing her accoutrement belt. As a result of the<br />
injury the member could no longer work in an operational<br />
capacity and sought and obtained alternative employment<br />
within the QPS. Again she received a Notice of Assessment
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Workcover Injuries and Common Law Update • 39<br />
from Workcover <strong>Queensland</strong> upon finalisation of her<br />
statutory claim and we provided advice that she had<br />
prospects of success on a common law claim.<br />
We argued at the compulsory conference that the QPS were,<br />
or should have been aware of the propensity for<br />
smaller-waisted officers to suffer back symptoms from<br />
wearing the belt, especially while seated in a police vehicle.<br />
Given that the QPS were trialling the GAV for this reason<br />
the argument held some weight. We argued that given that<br />
knowledge the QPS had a duty to inform officers of the<br />
possibility of symptoms and requiring them to report any<br />
such symptoms to their officer-in-charge.<br />
Again the matter settled at the compulsory conference<br />
for an amount in excess of that contained in the Notice of<br />
Assessment.<br />
Case Study Three<br />
We acted for a member who suffered a serious psychological<br />
injury as a result of being exposed to numerous traumatic<br />
events over the course of his policing career.<br />
The psychological injury resulted in him being medically<br />
retired from the QPS.<br />
psychological nature he could have accessed the HSO’s, peer<br />
support officers or police chaplains.<br />
They stated that as the member made no complaint about his<br />
psychological symptoms there was little the QPS could do to<br />
protect him from further aggravating his symptoms.<br />
We argued at the compulsory conference that the culture<br />
within the QPS was that you did not complain about<br />
psychological symptoms or that your career may be in<br />
jeopardy. The matter resolved at the compulsory conference<br />
for an amount which was in excess of the offer contained in<br />
the Notice of Assessment.<br />
SHOULD any member have any queries with respect to<br />
injuries sustained in the workplace they should contact<br />
the QPUE who will be able to provide a referral to Sciaccas<br />
Lawyers and Consultants.<br />
Sciaccas<br />
Lawyers and Consultants<br />
The member did not utilise the HSO or peer support officers<br />
as he was concerned about confidentiality issues. He received<br />
a Notice of Assessment containing an offer of lump sum<br />
compensation from Workcover <strong>Queensland</strong> and sought our<br />
advice with respect to a common law case.<br />
We advised him that he had some prospects of success.<br />
The solicitors on behalf of Workcover <strong>Queensland</strong> argued<br />
that if the member had been suffering any symptoms of a
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 International Women’s Day • 41<br />
International Women’s Day<br />
International<br />
Women’s Day<br />
Almost 300 people joined the <strong>Queensland</strong> <strong>Police</strong><br />
Service’s Women’s Network to celebrate International<br />
Women’s Day at Brisbane’s Sebel Citigate.<br />
<strong>Queensland</strong> Deputy <strong>Police</strong> Commissioner Kathy<br />
Rynders, the country’s most senior female police<br />
officer, opened the function which had the theme<br />
of “Women Leading The Way’’.<br />
Ms Rynders, who announced her retirement the<br />
week before, spoke about the theme being<br />
appropriate given the number of exceptional women<br />
leading the way in <strong>Queensland</strong> including the<br />
Premier and Governor.<br />
Deputy Commissioner Rynders, herself a role model<br />
and leader throughout her career, spoke of the<br />
benefits of the Leadership and Mentoring Programs<br />
for women in the QPS.<br />
Former Brisbane Lord Mayor Sallyanne Atkinson<br />
and <strong>Queensland</strong>’s Chief Health Officer, Dr Jeanette<br />
Young, were the key note speakers who gave unique<br />
insights into their careers and tips for future leaders.<br />
Ms Atkinson entertained the audience with how she<br />
managed a delicate balance between juggling her<br />
home life, being a young wife ironing her husband’s<br />
underwear, raising five children and the demands of<br />
a professional career.<br />
The 2010 Jim O’Sullivan Achievement Award was<br />
presented to Sergeant Nadine Webster for her<br />
project ‘Women with Wings, Weapons & Warrants’.<br />
Sgt Webster’s project created a very positive and<br />
mutually beneficial networking relationship<br />
between QPS women working in Southern Region<br />
and their RAAF counterparts.<br />
Mt Isa Sergeant Kelly Harvey won an encouragement<br />
award for her project, “Culture Change – Female<br />
<strong>Police</strong> in the Mt Isa District”.<br />
Senior Sergeant Monica O’Mara spoke of the many<br />
changes she had witnessed in the QPS as well as the<br />
highlights and innovations which occurred during<br />
her 38-year career.<br />
QPUE <strong>General</strong> Secretary Mick Barnes told of the<br />
push to encourage more women to become union<br />
representatives as well as his earlier trials as a single<br />
father raising three young daughters.<br />
Inspector John Kranenburg updated the audience on<br />
the <strong>Police</strong>link project and Inspector Tony<br />
Montgomery-Clarke warned of the dangers that exist<br />
for the unwary when using social networking sites.<br />
The organisers showcased the musical talents of<br />
Brisbane students with superb performances from<br />
Somerville House and St Margaret’s Anglican Girls<br />
School.<br />
The Women’s Network continued their tradition of<br />
raising money for charities at the luncheon, and this<br />
year held a huge multi-draw raffle and collected<br />
donations such as toiletries.<br />
As a result, over $1600 was raised, which was divided<br />
between Helping Hands and the Pindari Women’s<br />
Shelter – together with a car boot full of very<br />
generous donations.<br />
Inspector Amanda Brownhill acted as MC for the<br />
event, and the organising committee was chaired by<br />
Ms Donna Smith from PAC and Ms Lynn Rowsell.
42 • Maximising Optimal Well-Being <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Maximising Optimal Well-Being<br />
in a High-Stress Occupation:<br />
Creating a Healthy Workplace Does Matter<br />
Maintaining the well-being and retention of high performing<br />
employees is of considerable concern to Australian<br />
organisations. As such, the QPS possesses a continual<br />
improvement mindset, in which they are thoroughly<br />
committed to maintaining the good health and well-being of<br />
personnel, promoting a work environment that is supportive<br />
of its employees, and developing leadership capabilities within<br />
the service.<br />
In early 2008, the Healthy Workplaces Project (HWP) was<br />
initiated, which is a program jointly sponsored by the QPS,<br />
Griffith University, and the <strong>Queensland</strong> State government. The<br />
primary aim of this exciting, three-year strategic improvement<br />
project is to develop, implement, and evaluate an innovative<br />
workplace intervention targeting the well-being, performance,<br />
and management of QPS personnel.<br />
The HWP consists of two major components: an annual<br />
questionnaire distributed to all QPS members and an<br />
intervention program. Both elements of this project have been<br />
in progress throughout 2008 and 2009.<br />
We have just entered the second year of this three-year<br />
collaborative project. In March 2010, the second electronic<br />
questionnaire was distributed to all employees of QPS.<br />
Participation in the questionnaire is voluntary and all<br />
responses are confidential.<br />
Highlights of the First HWP Questionnaire<br />
The first HWP questionnaire was distributed to all QPS<br />
employees in September 2008, and 3883 completed<br />
questionnaires were returned to the Griffith University<br />
research team. The questionnaire measures aspects of the<br />
workplace, such as the perceived supportiveness of the culture<br />
of QPS, in addition to indicators of employee well-being, such<br />
as job satisfaction and psychological strain.<br />
Selected results for job satisfaction, psychological strain, and<br />
physical health behaviours indicated that:<br />
• <strong>Police</strong> officers reported the greatest amount of satisfaction<br />
with their job security, colleagues, and the amount of<br />
variety in their jobs. For staff members, job security,<br />
colleagues, and work hours represented the three top<br />
sources of job satisfaction.<br />
• Staff members reported significantly higher levels of job<br />
satisfaction in comparison to police officers. Furthermore,<br />
female police officers and female staff members reported<br />
significantly greater satisfaction in comparison to male<br />
police officers and male staff members, respectively.<br />
• The proportion of employees who were satisfied and<br />
dissatisfied overall with their work is presented in Figure1.<br />
This graph indicates that 69% of employees were satisfied<br />
with their work, while 25% were more dissatisfied with their<br />
work.<br />
There are a number of benefits associated with participation in<br />
the HWP:<br />
• You have an opportunity to report your satisfaction and<br />
dissatisfaction with aspects of your workplace.<br />
• Your feedback will be used to influence future improvements<br />
and change strategies within QPS.<br />
• It will enable the identification of aspects of the workplace<br />
that undermine the psychological and physical health of<br />
employees.<br />
• It will equip service leaders and middle-managers with<br />
effective supervisory skills and knowledge, and emphasise<br />
the vital role of people-management. This is likely to<br />
enhance the quality of the leadership within the service.<br />
• Questionnaire data will enable the intervention to be<br />
evaluated.<br />
• Provision of data for comparing the well-being and<br />
management of QPS employees to national and<br />
international police services.<br />
• Examine the long-term impact of work characteristics on the<br />
well-being of QPS employees.<br />
• Promotion of optimal physical and psychological health<br />
within the service.<br />
• A greater rate of participation will enhance the accuracy of<br />
the results and ensure that everyone has a chance to have<br />
their own input into the management of employee<br />
well-being and health.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Maximising Optimal Well-Being • 43<br />
• Although the majority of employees reported optimal levels of<br />
psychological health (between 65% and 69%, as indicated<br />
in the graph below), the results suggested that approximately<br />
one third (28% to 32%) may be experiencing mild<br />
psychological strain. This finding is comparable to results<br />
obtained from national and international policing occupations.<br />
These results are presented in Figure 2.<br />
• Between 94% and 95% did not increase their smoking<br />
behaviours.<br />
• Approximately 93% did not increase their use of medication.<br />
Individuals experiencing symptoms of psychological strain,<br />
such as loss of concentration, sleeplessness, incapability in<br />
making decisions, and feelings of hopelessness, or declining<br />
physical health are strongly encouraged to discuss their<br />
well-being with their GP or Human Services Officer (HSO).<br />
Please direct all queries regarding the Healthy<br />
Workplaces Project to Amanda Biggs, Project Manager,<br />
at A.Biggs@griffith.edu.au or Positive Workplaces<br />
Program, QPS, 07 3364 4088.<br />
• Between 80% and 81% of employees indicated that they had<br />
not gained any more weight than usual.<br />
• Between 85% and 92% had not increased their alcohol<br />
consumption in the month prior to the questionnaire.
44 • Investing In Property <strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Protect Yourself • 45<br />
Protect Yourself, Your Family<br />
And The Community<br />
Rosemary Featherstone<br />
It’s that time of year, the first cold mornings with that familiar chill<br />
in the air. It is also the time to prepare for the onslaught of the flu<br />
season and its effects on yourself, your family and community.<br />
Commonly referred to as the flu, influenza is an infectious disease.<br />
The most common symptoms of the disease are chills, fever, sore<br />
throat, muscle pains, severe headache, coughing, weakness,<br />
fatigue and general discomfort. In more serious cases, influenza<br />
can cause pneumonia, which can be fatal particularly for the<br />
young and the elderly.<br />
Influenza spreads around the world in seasonal epidemics<br />
resulting in the deaths of between 250,000 and 500,000 people<br />
every year. Influenza is transmitted through the air by coughs<br />
or sneezes, creating aerosols containing the virus. It can also be<br />
transmitted by direct contact with bird droppings or nasal<br />
secretions or through contact with contaminated surfaces.<br />
Influenza viruses can be deactivated by sunlight, disinfectants and<br />
detergents. As the virus can be deactivated by soap, frequent hand<br />
washing reduces the risk of infection.<br />
Influenza has a short incubation period; the gap between exposure<br />
to the virus and development of the virus is two to three days. You<br />
become infectious about a day before you begin to feel unwell,<br />
and the symptoms last for three to seven days in total. Thereafter<br />
follows a period of convalescence during which sufferers often<br />
continue to experience tiredness for up to three weeks.<br />
The mainstay of flu prevention is the flu vaccine which contains a<br />
cocktail of three killed viruses and provides protection against both<br />
Flu A and Flu B infections. Protective antibodies against influenza<br />
appear in the blood about two weeks after vaccination. Vaccination<br />
provides up to 90 per cent protection against the flu (less with the<br />
elderly) and lasts up to twelve months. It should be noted that the<br />
2010 Seasonal Flu vaccination does not provide significant<br />
protection against other flu virus strains that are not contained in<br />
this year’s vaccine.<br />
This year, the Australian Influenza Vaccine Committee and the New<br />
Zealand Ministry of Health decided that three strains of influenza<br />
will be included in the Fluvax vaccine. They are A/California/7/2009<br />
(H1N1, Swine Flu) – like strain, A/Perth/16/2009 (H3N2) – like strain<br />
and B/Brisbane/60/2008- like strain. Members who have recently<br />
had the Swine Flu vaccine can have the 2010 Seasonal Flu<br />
vaccination.<br />
The Fluvax vaccine works by causing your body to protect itself<br />
against infection by the influenza viruses that are in the vaccine.<br />
The body makes substances called antibodies that fight the<br />
influenza virus. Most people make satisfactory antibodies against<br />
the influenza virus. However, as with all vaccines, 100% protection<br />
cannot be guaranteed.<br />
The <strong>Queensland</strong> <strong>Police</strong> Service with the assistance of the<br />
Organisational Safety and Wellbeing Branch are organising FREE<br />
FLU VACCINATION to all staff members. Information will be sent<br />
by email to all staff with a date, time, and location in your area.<br />
Do Not have the Fluvax vaccine if you:<br />
• are allergic to eggs or the antibiotics neomycin or polmyxin.<br />
• have a temperature higher than 38.5 degrees C.<br />
Tell the doctor if you:<br />
• suffered a serious reaction to a previous vaccine<br />
• are suffering from an infection or high temperature<br />
• previously had medical conditions that included blood disorders,<br />
malaria, kidney disease requiring dialysis, HIV/AIDs or cancer<br />
• are pregnant<br />
• are breastfeeding or<br />
• are taking any other medicines, including any that you buy with<br />
out prescription<br />
Fluvax vaccine is given by injection by a doctor or nurse and is<br />
usually injected in the upper arm.<br />
Fluvax vaccine may have unwanted side effects in some people if<br />
any of the following happen. Tell your doctor immediately or go to<br />
the Emergency Department at your nearest hospital if you have:<br />
• an allergic reaction: Typical symptoms include rash, itching or<br />
hives on the skin, swelling of the face, lips, tongue or other parts<br />
of the body<br />
• shortness of breath, wheezing or trouble breathing<br />
• a fit, convulsion or seizure<br />
• muscles feel sore or tender, extremely weak, lose strength or<br />
movement<br />
• urine, there is little or no urine<br />
• skin bruising which is painful or swollen<br />
• pain, swelling and heat in joints, skin, muscle or other parts of<br />
the body or<br />
• a headache and high temperature associated with hallucinations,<br />
confusion, paralysis of part or all of the body, disturbances of<br />
behavior, speech and eye movements and sensitivity to light.<br />
The chance of having a severe unwanted reaction after having<br />
Fluvax vaccine is very small, whereas, the risks from not being<br />
vaccinated against influenza may be very serious.<br />
Last year Swine Flu (H1N1) was the dominant form of flu in<br />
Australia and is expected to be in 2010. There were 191 deaths<br />
and around 700 admissions to intensive care associated with this<br />
influenza. Over half of the hospital admissions for swine flu were<br />
under 35 years of age.<br />
People around the world are continuing to be infected and<br />
evidence suggests that it could return to Australia much earlier<br />
than the normal flu season. The QPUE asks that as a staff<br />
member of the <strong>Queensland</strong> <strong>Police</strong> Service you get your free<br />
vaccine as soon as possible to help stop this flu harming yourself,<br />
your family and spreading. If you have any concerns, please<br />
consult your doctor, pharmacist or health professional.
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10 Forensic Science Awards • 47<br />
Australia New Zealand<br />
Forensic Science Awards<br />
The Australian New Zealand Policing Advisory Agency<br />
(ANZPAA) National Institute of Forensic Science<br />
(ANZPAA NIFS), has called for nominations from the<br />
forensic community for the inaugural John Harber<br />
Phillips Award 2010. The prestigious award recognises<br />
individuals who have made outstanding contributions<br />
to the advancement of the forensic sciences in Australia<br />
and/or New Zealand.<br />
The award demonstrates ANZPAA NIFS strong<br />
commitment to facilitate continuous improvement<br />
in the forensic sciences and to promote awareness of<br />
them in the wider community.<br />
“The Honorable Professor John Harber Phillips AC<br />
QC had a distinguished professional career in law and<br />
an unstinting interest in forensic sciences that has<br />
provided a lasting contribution,’’ said ANZPAA NIFS<br />
director Alastair Ross.<br />
“As such, ANZPAA NIFS has created the John<br />
Harber Phillips Award to honour and recognise his<br />
achievements. The Award serves to promote and<br />
reward outstanding contributions to the advancement<br />
of forensic science,” said Mr Ross.<br />
Individual peers or peer groups within forensic<br />
sciences, law enforcement and legal communities are<br />
invited to nominate a forensic science professional<br />
for the award. Entry is open to individual Australian<br />
or New Zealand citizens. The winner of the award will<br />
only be announced when there is a candidate worthy of<br />
merit.<br />
“As a peer recognition award, the nominee can be<br />
assured they have received the highest accolade<br />
from their colleagues in the field of forensic sciences.<br />
Nominees will be judged by a committee including<br />
the ANZPAA NIFS Director, ANZPAA NIFS forum<br />
representatives, ANZPAA Executive Officer, a police<br />
commissioner and a representative from the legal<br />
fraternity,” said Mr Ross.<br />
The Australia New Zealand Policing Advisory Agency<br />
(ANZPAA) was established in October 2007. ANZPAA<br />
is a joint initiative of the Australian and New Zealand<br />
<strong>Police</strong> Ministers and Commissioners. The organisation<br />
provides strategic policy and research advice and<br />
secretariat services on cross-jurisdictional policing<br />
initiatives to help achieve policing excellence and<br />
enhance community safety throughout Australia and<br />
New Zealand. ANZPAA is a non-operational policing<br />
agency.<br />
ANZPAA’s core functions include:<br />
• cross-jurisdictional review<br />
• education, professional development and standards<br />
development<br />
• knowledge and information management<br />
• policy development and strategic advice<br />
• research and analysis<br />
• science and technology development<br />
• secretariat services<br />
• specialist issue advice.<br />
The ANZPAA National Institute of Forensic Science<br />
(ANZPAA NIFS)<br />
ANZPAA NIFS is dedicated to actively supporting and<br />
fostering excellence in forensic sciences. ANZPAA NIFS<br />
has been in operation since 1992 and a Directorate of<br />
ANZPAA since 2008.<br />
ANZPAA NIFS core functions include:<br />
• sponsor and support research in forensic science<br />
• assist with the development and co-ordination of<br />
forensic science services between jurisdictions<br />
• facilitate the information exchange between relevant<br />
parties<br />
• support, co-ordinate and conduct training programs<br />
in forensic science<br />
• co-ordinate the delivery of relevant forensic science<br />
quality assurance programs.<br />
Nominations for this prestigious award opened on 15<br />
March 2010 and close on 6 August 2010.<br />
To apply or find out more go to: www.anzpaa.org.au
Letters to The Editor should be no longer than<br />
400 words if possible and sent to:<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> -<br />
PO Box 13008 George Street Brisbane Qld 4003.<br />
Fax (07) 3259 1996.<br />
Letters may be edited for length and clarity.<br />
Dear Editor,<br />
I wish to remain anonymous, due<br />
to the obvious. However I can say<br />
that after some 20 years of policing<br />
in <strong>Queensland</strong> I have never felt so<br />
disappointed as I have today. The<br />
comments by Commissioner Bob<br />
Atkinson in a Courier-Mail article,<br />
“Are Cops Too Heavy Handed?”, on<br />
March 3 have truly left me bewildered<br />
and amazed.<br />
The commissioner said he was<br />
confident he had the support of the<br />
vast majority of officers. I quote: “If<br />
I didn’t think so, I would walk away<br />
immediately.” This then ponders the<br />
obvious question, do we?<br />
Imagine the following scenario: A<br />
police force where the commissioner<br />
ran the force without being a political<br />
puppet. Imagine a police force where<br />
the commissioner openly backed<br />
and supported his men and women.<br />
Imagine a police force where the<br />
commissioner did not attempt to<br />
appease the media or government.<br />
Imagine a police force where the<br />
public were aware of the consequences<br />
of misbehaving. Imagine a police force<br />
where “hot spots” could be controlled<br />
through appropriate levels of staffing,<br />
intimidation, fear and respect. Imagine<br />
a police force where complaints of<br />
excessive force were investigated and<br />
finalised within weeks. Imagine a<br />
police force where arrest was the norm<br />
and a Notice to Appear but an option.<br />
Imagine a police force of able body.<br />
Imagine a police force that supported<br />
their commissioner. Imagine a police<br />
force.<br />
It’s time for a change - a new<br />
commissioner, a new government, a<br />
new police force.<br />
Name withheld<br />
Dear Editor,<br />
I read with interest the information<br />
obtained from a journalist from The<br />
Courier-Mail and the subsequent<br />
storyline regarding RSIP funding<br />
for non-operational police to work<br />
in an operational capacity over the<br />
Christmas period and public holidays.<br />
Of more concern to me than this<br />
newspaper sticking it to coppers yet<br />
again, was the number of people<br />
claiming to be police and contributing<br />
to the blog on the website. Not backing<br />
the police who performed this<br />
function, but adding to the already<br />
negative one-sided reporting that this<br />
newspaper performs so well at. Some<br />
comments I read were demeaning to<br />
those police who are non-operational<br />
and drew a distinct “us and them” line<br />
in the sand.<br />
Not only were these comments made<br />
under the cloak of anonymity, but<br />
most of the assertions were the<br />
generalised ramblings of ignorant<br />
people more concerned with what<br />
they were missing out on. I find it<br />
incredible that sworn police would<br />
be attacking other sworn police (even<br />
if us non-operational coppers are<br />
all soft like was claimed) in a public<br />
forum and putting a higher value on<br />
what they do as operational police<br />
over the duties of those, like myself,<br />
in non-operational roles. I was always<br />
under the impression that although<br />
I have a job at the academy and I am<br />
not operational, that my job, and<br />
others in similar roles in training or<br />
prosecutorial positions, supported<br />
operational police.<br />
According to some of the comments,<br />
people like myself have a few different<br />
options. We should just resign from<br />
the QPS and get jobs as public servants<br />
or go back to work in an operational<br />
capacity. I usually couldn’t care less<br />
what people thought of me - both<br />
individually or in a work capacity - but<br />
I bristle at suggestions some people<br />
are “too scared” to get out there and<br />
do “real” police work.<br />
There are some people in nonoperational<br />
roles for reasons which are<br />
not the business of anyone else but the<br />
people concerned. How dare someone<br />
make a comment and try to make<br />
themselves seem as if they are more<br />
important, or work harder than staff<br />
in an administrative role.<br />
Some of us could sure do with the<br />
additional income the OSA provides,<br />
yet there may well be compelling<br />
reasons why this can’t occur. To get<br />
on a blog and make comments whilst<br />
using a pen name shows me who the<br />
real scared ones are. Have the courage<br />
of your convictions, irrespective of the<br />
consequences and if you want to bag<br />
other police, at least do so in a forum<br />
that perhaps isn’t quite so public.<br />
Shane Clews<br />
Senior Sergeant 6875
50 • CORRESPONDENCE<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Dear Editor,<br />
In October of 2009, to our delight,<br />
my wife Annie and I were given the<br />
news that we were expecting, not one<br />
child, but miraculously twins. After<br />
trying to conceive for some time this<br />
is the greatest news we could have ever<br />
received – It was news of an instant<br />
family.<br />
Unfortunately for my wife it was not<br />
the easiest of pregnancies. My wife<br />
was paralysed with morning sickness,<br />
and due to other rare complications,<br />
often found it difficult to move<br />
around. Regardless of these minor<br />
hardships, the delight of our pending<br />
twins was more than enough to help<br />
us battle through the tougher days.<br />
Not long into the pregnancy we<br />
discovered that one of twins had<br />
some serious health problems and<br />
unfortunately on 17 December 2009<br />
we lost our first baby ‘Maggie’ due to<br />
heart failure.<br />
After this loss we hoped our luck<br />
would change a little as our unborn<br />
son was reported to be fit and healthy.<br />
In what I can only describe as the<br />
cruellest of developments, on the<br />
1 February 2010 my wife went into<br />
premature labour at 22 weeks and gave<br />
birth to our son Jack.<br />
My wife and I had the joy of spending<br />
a little over an hour with our son<br />
before he left us, time that we will<br />
cherish for all our days. This hour<br />
changed us immeasurably.<br />
The days and weeks following our loss<br />
have been difficult to say the least. It<br />
has been like a wrecking ball through<br />
most aspects of our life. Surprisingly<br />
though, in a time when it felt like my<br />
wife and I were completely on our own,<br />
we were amazed that we were in fact<br />
surrounded by family, friends, and<br />
colleagues that have provided us with<br />
love and support that has helped us<br />
start to put the pieces back together.<br />
We would like to use this forum if<br />
possible to thank some people if we<br />
may. We would like to thank Senior<br />
<strong>Police</strong> Chaplain Rod Wood for not only<br />
conducting the funeral service but for<br />
providing counsel during those early<br />
days and the weeks after the service –<br />
Rod the coffee is always on!.<br />
We would like to thank Commissioner<br />
Bob Atkinson for his personal contact<br />
and his obvious concern for us, and<br />
also the management of State Crime<br />
Operations Command for their kind<br />
words of support.<br />
For their generous support and<br />
assistance we would like to thank<br />
Ian Leavers, the <strong>Queensland</strong> <strong>Police</strong><br />
<strong>Union</strong>, and its membership. It is<br />
clearly evident that the motto ‘Unity<br />
is Strength’ doesn’t just apply to EB<br />
negotiations – It has a much wider<br />
meaning.<br />
I would like to thank Commander Scott<br />
Lee, Commander Brian McDonald,<br />
and all the members of the Joint<br />
Counter Terrorism Team. The AFP has<br />
shown Annie and I great support and<br />
understanding during this period.<br />
Thanks to everyone in the office<br />
for picking up the slack while I was<br />
away (although most said they didn’t<br />
notice!).<br />
I would like to thank the numerous<br />
people who sent cards, flowers, emails,<br />
or phoned their kind thoughts. We<br />
have received messages from old<br />
friends and colleagues, often people<br />
we haven’t seen for a very long time.<br />
In a similar vein, we have received<br />
numerous messages from police<br />
officers who have been through<br />
similar situations. Although we<br />
haven’t met these officers, their<br />
support was something very personal<br />
to us, something we are extremely<br />
grateful for.<br />
Annie and I would like to also thank<br />
the numerous officers that came to<br />
the funeral service. We thought one or<br />
two may attend, but on what was the<br />
most difficult day of our lives, we were<br />
amazed at how many people attended<br />
to show their support. Your presence<br />
made our day a little easier.<br />
Finally, we would like to offer<br />
our heartfelt thanks to Detective<br />
Superintendent Gayle Hogan. Detective<br />
Superintendent Hogan went out of her<br />
way to assist us at every turn. Her<br />
support, words of advice, and words of<br />
comfort will not soon be forgotten by<br />
us and we are truly grateful.<br />
What the future holds for us isn’t<br />
really clear at the moment; however<br />
it isn’t as foggy as yesterday and<br />
hopefully each day will become a little<br />
brighter.<br />
On behalf of my wife Annie and I, we<br />
offer our thanks.<br />
Det. Sgt John KILBURN<br />
Detective Sergeant 9456<br />
Joint Counter Terrorism Team -<br />
Brisbane<br />
Dear Editor,<br />
This letter is in reply to that of<br />
Detective Sergeant Andrew BAILEY<br />
published in the February 2010 police<br />
journal.<br />
To give the members some idea of why<br />
I am typing this reply, I initially sent<br />
a reply (20 November 2010) to a letter<br />
Andrew had published in the October<br />
2009 <strong>Police</strong> Journal.<br />
In turn Andrew replied which was<br />
published February 2010. So that I am<br />
not misunderstood by Andrew, I wish<br />
to state that the content and views<br />
expressed in this letter are mine alone<br />
and not those of others.<br />
First I wish to make it clear I am not<br />
Andrew’s learned friend as he states<br />
nor am I his friend. Andrew claims<br />
that in my letter of November 2009,<br />
I was in error in referring to him as<br />
Senior Constable Andrew BAILEY,<br />
when his rank was in fact detective<br />
sergeant.<br />
I am sorry Andrew took offence to this<br />
(though in fact I was correct as his<br />
promotion did not go into the gazette<br />
until 4 December 2009).<br />
Andrew in his letter states that I am a<br />
person ‘that spends his working life<br />
reading out other people’s work to a<br />
court’. Well to make it very clear, I do<br />
perform full-time prosecution duties<br />
and part of my duties is reading out<br />
the work of other police officers for<br />
guilty pleas (e.g. QP9’s).<br />
This however is a minor part of my<br />
duties, as the majority of my working<br />
hours are spent as a trial prosecutor,<br />
not an arrest court prosecutor.<br />
As a trial prosecutor I make<br />
submissions to the court but this is<br />
not the work of others, but my own<br />
from hard research. The evidence<br />
put before the court is that of the<br />
witnesses from the witness box, whom<br />
I examine (I do not read their evidence<br />
into the record).<br />
Thus far I have prosecuted 472 trials<br />
in which evidence of witnesses have<br />
been called and in none of these, did<br />
the case consist of my reading out<br />
the work of other people. Magistrates,<br />
lawyers and senior police have told<br />
me that I am a good prosecutor and<br />
due to this I accept that I am (though I<br />
concede I still have much to learn and<br />
believe I will never know everything).
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
CORRESPONDENCE • 51<br />
Andrew states: ‘I have also had to do<br />
Prosecutions work myself, so does<br />
that make us even?’ Well if Andrew is<br />
claiming to be as good a prosecutor<br />
as myself and to add to this he is a<br />
detective sergeant (keeping in mind I<br />
have never been a detective) this would<br />
make Andrew a better police officer<br />
than me!<br />
Andrew claims his letters were based<br />
on the ideas and suggestions of others<br />
given to him as a QPUE representative;<br />
though he does not commit to<br />
accepting any of the statements made,<br />
to be his own. Well there is a name for<br />
one who hides behind the words of<br />
others to place a slur on another!<br />
Again Andrew raised public holidays<br />
stating; ‘Day shift workers have the<br />
advantage of having public holidays<br />
off which amount to about another<br />
two weeks.’ On that he is not far off (I<br />
work it out to be 9 days).<br />
He does not mention that we do not<br />
get the OSA or the fact that we do not<br />
always get these days off. This year<br />
I have worked one so far and have<br />
another, for a part - heard trial in<br />
Brisbane, that requires my appearance<br />
on the Gold Coast Show Day (and we<br />
are only into the third month).<br />
I take great offence to Andrews’<br />
remarks about my arresting people<br />
where he states: ‘Congratulations you<br />
have arrested people from time to time<br />
.... having to handcuff a person in the<br />
confines of a court room and walk<br />
them to the watchhouse, although<br />
being stressful, would be laughable<br />
to those officers who work in one and<br />
two man stations.’ Andrew laughs in<br />
the name of others but hides behind<br />
their names.<br />
What made Andrew think that the<br />
people I have arrested were always<br />
in the confines of the court I do not<br />
know, as it is not true (though I have<br />
arrested people in the court and have<br />
taken people into custody in the court<br />
and handcuffed them on a regular<br />
basis).<br />
These people are not happy and I have<br />
been screamed at by irate friends and<br />
relatives when I have done so (just<br />
as happens to other police). Spare<br />
me the false sympathy you express<br />
of my arresting people (I do not find<br />
this stressful, never have, I enjoy<br />
it). What I find stressful is being<br />
informed throughout the year that<br />
another complaint has been made by<br />
a defendant, to the CMC that I have<br />
attempted to pervert the course of<br />
justice in my role as a prosecutor.<br />
I have worked with many detectives<br />
since I became a prosecutor and have<br />
found most detective sergeants to be<br />
very good at what they do and have<br />
had the pleasure of appearing on<br />
behalf of the prosecution, to prosecute<br />
on their behalf.<br />
Our union should be pushing very<br />
hard to have a substantial detective<br />
allowance paid to all appointed<br />
detectives (not clothing allowance but<br />
in addition to) to recognise the good<br />
work that they do and to attract the<br />
best police.<br />
That being said, all good briefs require<br />
a good prosecutor. I do not submit<br />
we be paid a huge allowance, but I do<br />
expect that our union representatives<br />
show us the respect we deserve for the<br />
hard work we perform.<br />
Thank you for taking the time to read<br />
my reply.<br />
Sincerely<br />
Douglas BETTANY<br />
Sergeant 11136<br />
Gold Coast <strong>Police</strong> Prosecutions Corps.<br />
Dear Editor,<br />
Disgraceful! That is how I would<br />
describe sentences being handed out. I<br />
recently arrested an offender after she<br />
attempted to flee from police, mounted<br />
a curb and nearly crashed into a shop.<br />
I subsequently charged her with one<br />
count each of evade, BAC, Repeat<br />
Unlicensed and Due Care.<br />
The offender was also on an<br />
outstanding PPRA and a Bail Act<br />
warrant that had been issued for<br />
failing to appear on four further<br />
charges of one count each of break and<br />
enter, possess drug, possess utensils<br />
and possess restricted liquor.<br />
The offender was arrested on a<br />
warrant day and put before the court<br />
on a total of 10 outstanding charges all<br />
committed at various times.<br />
The offender has since had to appear<br />
on two further charges of public<br />
nuisance and possess restricted liquor<br />
and failed to appear.<br />
Now from the number of charges<br />
it would be fair to assume that the<br />
offender was not just having a one-off<br />
‘bad day’, and was a menace that needs<br />
to be suitably punished to deter her<br />
from committing further offences.<br />
No doubt the sentencing magistrate<br />
had this in mind when she convicted<br />
the offender for failing to appear and<br />
was not further punished.<br />
For the evasion offence and due care<br />
matter, the offender was convicted and<br />
fined the outrageous amount of$200.<br />
Is that really what the community<br />
expects of our justice system?<br />
For the BAC, she was fined $200 and<br />
$100 for the unlicenced offence. A fine<br />
of$300 was imposed for possessing a<br />
couple of cans of rum.<br />
In comparison, another offender<br />
went before the same magistrate for<br />
possessing liquor and contravening<br />
an NAD, C&F 500. Remember the $200<br />
fine for Evading <strong>Police</strong>.<br />
Is this the message we want to send to<br />
offenders: drinking rum and turning<br />
up your stereo is bad but it’s ok to try<br />
and run from the cops and crash while<br />
doing it?<br />
I don’t think different offences and<br />
penalties should be compared, but<br />
on face value something appears to<br />
be horribly wrong. Evasion offences<br />
are being encouraged by such pitiful<br />
penalties. There is no deterrent. If I<br />
committed this many offences I would<br />
see a term of imprisonment.<br />
I stopped checking court results six<br />
weeks into my first year because it was<br />
so disheartening. Now I check them<br />
just for a laugh.<br />
When will the rights of the community<br />
come first and not poor little Johnny<br />
who was having a bad day? Maybe<br />
if decent penalties and terms of<br />
imprisonment were handed out we<br />
would see a decline in offending.<br />
Name Witheld
52 • CORRESPONDENCE<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Dear Editor,<br />
After reading “Beyond Reasonable<br />
Doubt” by Calvin Gnech (Atkinson v<br />
Gibson) in the QPU March Journal, I<br />
was, as I’m sure many others were,<br />
flabbergasted by what appears to be an<br />
obvious travesty! While I’m sure that<br />
many greater minds than mine have<br />
poured over the facts of this matter, I<br />
feel I should at least voice my concerns/<br />
opinions.<br />
Public Nuisance<br />
As per Schedule 2, Summary Offences<br />
Act, “public place means a place that is<br />
open to or used by the public, whether or<br />
not on payment of a fee”. The definition<br />
as per section 230A CC is not dissimilar.<br />
I’ve not heard of a definition (as quoted<br />
in the article) which includes “…and they<br />
are free to leave by their own choice”. Be<br />
that as it may, such a refinement would<br />
apparently render any location in which<br />
a person’s actions are restricted by, for<br />
example, a police direction, as no longer<br />
a public place.<br />
The most obvious example of that<br />
would be an RBT site or, for that matter,<br />
a traffic intercept. That is, if a police<br />
officer directs a driver to stop a vehicle<br />
(as per the PPRA), the place at which the<br />
vehicle stops no longer qualifies as a<br />
public place!<br />
However, the offence of s.6 Public<br />
Nuisance, in my opinion, does not<br />
require that the offender be in a public<br />
place, merely, “the person’s behaviour<br />
interferes, or is likely to interfere,<br />
with the peaceful passage through, or<br />
enjoyment of, a public place by a member<br />
of the public”. I’m reminded of section<br />
7 of the Vagrants, Gaming and Other<br />
Offences Act which also includes, “…so<br />
near to a public place”. It would appear<br />
that the wording of section 6 Summary<br />
Offences Act has the same effect. In this<br />
case, a member of the public passing by,<br />
within sight/earshot, may well have had<br />
their enjoyment of such place interfered<br />
with by the defendant’s behaviour<br />
towards police.<br />
Assault <strong>Police</strong><br />
I can only conclude that the Magistrates<br />
interpretation of s245 CC is patently<br />
incorrect. As per the definitions, “…<br />
a person … who by any bodily act or<br />
gesture … under such circumstances<br />
that the person making the attempt<br />
or threat has actually or apparently a<br />
present ability to effect the person’s<br />
purpose”. The common vernacular of<br />
“fighting stance” or “shaped up” is a<br />
gesture that any reasonable person<br />
would perceive is a “threat to apply<br />
force”.<br />
I’ve always been of the opinion that,<br />
“apparent present ability” is not<br />
necessarily limited by distance. For<br />
example, a person points a gun at<br />
another from 20 meters away, and yells,<br />
“I’m going to shoot you” has a present<br />
ability to do bodily harm. Likewise, a<br />
person who stands three meters away<br />
from another and adopts a fighting<br />
stance has, unless some physical<br />
impediment exists, the ability to step<br />
forward and affect his/her threatened<br />
purpose. More importantly, I personally<br />
would not prefer to wait until after a<br />
person has assaulted me before I arrest<br />
him/her.<br />
Obstruct <strong>Police</strong><br />
It appears to me that, in this case, the<br />
offence of Obstruct <strong>Police</strong> was completed<br />
well before the defendant was ‘tackled’.<br />
As per the article, “The offender was<br />
informed he was under arrest …. The<br />
offender eluded the grip of the police<br />
officer”. A person eluding a police officer<br />
attempting to effect an arrest hinders<br />
that officer from affecting that arrest.<br />
Bruce Markey<br />
S/Const 10734<br />
Maroochydore
THE QUEENSLAND RETIRED POLICE<br />
ASSOCIATION NEWS – APRIL 2010<br />
By Greg Early, State Secretary, Ph 3863 1180<br />
Email early.gregory@gmail.com<br />
MESSAGE FROM<br />
THE Q.R.P.A. STATE PRESIDENT M J (MICK) O’BRIEN<br />
QRPA<br />
Our 16 branches are working well and all are still looking<br />
for new members while still providing fellowship and care<br />
for our people who are not in the best of health.<br />
Sunshine Coast Branch President Dave Betts has been<br />
particularly busy with welfare work as the Branch Secretary<br />
Merv Bainbridge, Jack Jessen and Dick Keats have all<br />
had time in hospital.<br />
The great welfare work of our Branches is evidenced in<br />
the Branch notes in this Journal.<br />
After a hiccup and thanks to our State Secretary Greg’s<br />
intervention, the distribution of the QPS Medal is back<br />
on track and is being rolled out as agreed with the<br />
Commissioner.<br />
We note that Deputy Commissioner Kathy Rynders retires<br />
shortly. She recently told ABC Radio that her time in<br />
charge of the Logan District was her most memorable.<br />
We wish her well in her retirement.<br />
When we reflect on our own time in ‘the job’ we can also<br />
reflect on that part of our tenure that we, more often than<br />
not, remember as the best period of our service for any<br />
number of reasons.<br />
As time marches on more of our serving colleagues<br />
are retiring and are more than welcome to join us. Our<br />
website makes QRPA more accessible and hopefully will<br />
encourage more to join us.<br />
Take care and God bless.<br />
M.J. (Mick) O’Brien, State President QRPA Inc.<br />
FUTURE LUNCHEONS: Sunshine Coast, Headland Golf<br />
Club, 25 May 2010, Hervey Bay at RSL Club on Tuesday<br />
15 June 2010, Van Diemen’s Land – AGM and dinner 19<br />
June 2010 at the Great Lake Hotel, Miena, Tasmania,<br />
Gold Coast at Twin Towns Services Club 20 July 2010,<br />
Gladstone at the Dragon Garden Restaurant on 31<br />
July 2010, Gympie at Gympie Golf Club on 25 August<br />
2010, Near North Coast at Caboolture Golf Club on 15<br />
November 2010 and Bundaberg at the RSL Club on 1<br />
December 2010.<br />
FUTURE MEETINGS IN BRISBANE: These commence at<br />
12.30 pm in the ground floor conference room at <strong>Police</strong><br />
Headquarters except 10 May (not 3 May) which will<br />
be at the <strong>Police</strong> <strong>Union</strong> premises for refreshments and<br />
a presentation on industrial relations. The 7 June 2010<br />
meeting at <strong>Police</strong> Headquarters will feature an address<br />
on the <strong>Queensland</strong> <strong>Police</strong> Legacy Scheme.<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 />
NEW MEMBERS: Former Sergeant in Naval <strong>Police</strong>, John<br />
Mervyn O’Brien (Logan/Beenleigh).<br />
RECENT OBITUARIES – May They Rest in Peace.<br />
Life Member: Former Senior Sergeant Charles James<br />
(Jim) Douglas Jeppesen 19 March 2010. Non Members:<br />
Former <strong>Queensland</strong> <strong>Police</strong> Officer Alfred George<br />
Rewald, private service 12 March 2010. Family: Rhoda<br />
(Jean) Stalley, wife of former Sergeant Arthur and<br />
mother of serving officer Arthur, 13 March 2010. Serving<br />
Officer: Sergeant Donald Bevan Brown, Mackay, 2<br />
March 2010 and Senior Constable Peter Webb service<br />
10 March 2010.<br />
WELFARE REPORTS SINCE THE BRISBANE MEETING 1 MARCH<br />
2010: Moira Cremin has had a pacemaker inserted into<br />
her chest to keep her heart beat at a regular rate. She<br />
is now recuperating at home. Ron Suhr is now at home<br />
and feeling a lot better. He is on medication and light<br />
exercise at the moment.<br />
AROUND THE BRANCHES<br />
IPSWICH: They last met on 10 March 2010 at the Ipswich<br />
RSL Club. In the absence of Chairman Ken Morris, who
54 • QRPA<br />
was having his second knee replacement operation,<br />
Secretary/Treasurer Ken Martin chaired the meeting.<br />
Detective Senior Sergeant Tony Breen, Major Fraud<br />
Squad, gave a well received talk on fraud and identity<br />
theft. Welfare Officer Arthur Zillmann was welcomed back<br />
after a stint in hospital. Len Yarrow offered to help Arthur<br />
with his welfare duties. Good news about Ron Suhr who<br />
has been allowed home from PA Hospital after suffering<br />
a heart problem. All members were invited to attend<br />
the official opening of the new Ipswich <strong>Police</strong> Station in<br />
Ellenborough Street.<br />
ROCKHAMPTON: Their last meeting was held on 3 March<br />
2010 at the usual Cambridge Hotel. President Barry<br />
Self welcomed all members and the one visitor, new<br />
applicant, retired Senior Sergeant Robert (Bob) George<br />
Moore. Bob is well known to most Branch members<br />
and his application has been recommended. The<br />
proposed BBQ at the Rotary Park, The Bluff, Yeppoon,<br />
was postponed due to damage to the shelter roof. It will<br />
now be held on 18 April 2010. Strong southerlies have<br />
prevented Norm and Caroline Tomlin doing some fishing<br />
and crabbing at Stansbury in South Australia. Ian and<br />
Bev Hall are still recovering from their traffic accident<br />
and operations, Andrea Benson’s skin graft is healing<br />
well and Pat Lawton has to go to Brisbane in a couple<br />
of months for an operation on several benign tumors in<br />
his throat. Cavill Heywood dropped into the meeting<br />
after being discharged from hospital where he had gall<br />
stones removed and a rupture repaired. Laurie Meyer<br />
was visited by Secretary/Treasurer, Ernie Benson, found to<br />
be in reasonable health and was much appreciative of<br />
the <strong>Union</strong> Journals and <strong>Police</strong> Bulletins Ernie took to him.<br />
Jim Oberle is now in the Palliative Care Unit at the Mater<br />
Hospital, Rockhampton, and is not travelling too well.<br />
FAR NORTH QUEENSLAND (CAIRNS): I presented Ray<br />
Hunter with his Veteran Certificate on 6 March before<br />
his departure to Brisbane for medical treatment. A large<br />
contingent of <strong>Police</strong> Officers, QRPAI members and<br />
non-members, with many members of the public,<br />
attended the Requim Mass for Father Pat Jones,<br />
<strong>Queensland</strong> <strong>Police</strong> Chaplain, at St Monica’s Catholic<br />
Church, Cairns, on 27 February. He unexpectedly<br />
passed away on 18 Feb 2010 in Brisbane. RIP. A private<br />
funeral service for retired <strong>Police</strong> Officer, Alfred George<br />
Rewald, of Malanda, was held in Atherton on 12 March<br />
2010. He passed away peacefully in Atherton on 8<br />
March 2010. RIP. Members Noel Holding, Ron Pocock<br />
(Cairns) and Brian Norris (Mossman) are receiving medical<br />
treatment and have had short stays in hospital. Next<br />
quarterly meeting and lunch are set down for 30 April at<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
Brothers Leagues Club commencing at 11.00am. (Don<br />
Condie).<br />
SUNSHINE COAST: At their last meeting at the Headland<br />
Golf Club President David Betts presented Don Teague<br />
with his Veteran Certificate while Jack Farrell and Barry<br />
Shaw were presented with their Senior Certificates.<br />
Members were glad to see Bob Marnane at the meeting<br />
after his recent spell of ill health. Jack Jessen has suffered<br />
a stroke and is now in Southern Cross Care Centre.<br />
Sadly he is paralyzed on his left side but fortunately he<br />
has no problems with his memory or speech. Secretary<br />
Merv Bainbridge has had a growth in his colon removed.<br />
He has been in Caloundra Private Hospital. Hopefully he<br />
will be home soon to recuperate. Dick Keats had had a<br />
growth removed from his bladder but has to have some<br />
more treatment to try and restore the flow of blood to his<br />
lower legs. He is at home recuperating at present. Their<br />
luncheon will be held at Headland Golf Club on 25 May<br />
2010.<br />
GOLD COAST: They met on 2 March 2010 at the<br />
Southport RSL Club. They resolved to maintain the price<br />
for their annual luncheon. (This Branch invites their<br />
<strong>Police</strong> Widows to attend free of charge). It was resolved<br />
to make a donation at the end of each financial year<br />
to the <strong>Queensland</strong> <strong>Police</strong> Legacy Scheme and the<br />
<strong>Queensland</strong> <strong>Police</strong> Pipes and Drums. Larry McNab is in<br />
a very poor state of health. The Stokes family have just<br />
returned from a short sojourn to Evans Head and the<br />
Gnomes (Millards), Chalkers and the Bourkes are about<br />
to head off with their respective caravans for a meet at<br />
Evans Head.<br />
DARLING DOWNS: Our first quarterly luncheon for this<br />
year was very successful with over 30 attending. Some<br />
of our widows were absent with previous engagements<br />
which could not be broken. Nevertheless all who<br />
attended had a great luncheon and we made some<br />
serious decisions at the meeting itself. The <strong>Police</strong><br />
Chaplain Rev Father Twine also came and stayed for<br />
refreshments after the meeting. The eulogy by the Hon<br />
Tom McVeigh for Geoff Little was well received and was<br />
a fitting tribute to a fine member. His partner Joyce<br />
is slowly getting over her grief and misses him a great<br />
deal. Four of us attended Colin Lindenmayer’s funeral<br />
at Stanthorpe and he had a huge number of friends<br />
turning up to say farewell. Bob Scarff is also recovering<br />
from his stint insertion at Greenslopes but needs to<br />
take it steady for some time yet. We are indebted for the<br />
many who took time to phone or visit him. Our memorial<br />
wall will commence soon and the first letters to our
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
widows and family will be posted within a week or so.<br />
And we are waiting for tee-totaller Kev Weise to make<br />
his first brew from the brewing kit he won at the Redlands<br />
luncheon. (Graham Hohenhaus).<br />
NEAR NORTH COAST: The Caboolture RSL Club was the<br />
venue for our 15 March meeting. We had the largest roll<br />
up for many a year. Applications were received and<br />
recommended for John Knapp, Artie Law and Shaun<br />
Molloy. Twelve of us attended the Redlands luncheon<br />
on 23 February and had a very enjoyable day. Peter<br />
Aebersold had an appointment with a pain specialist<br />
and could not attend the meeting. Jim Robilliard also<br />
had a medical appointment and hopes that the doctors<br />
can sort out his medical problems. Gus Young had a<br />
chest infection. He had an appointment at RBH on the<br />
16 March. He phoned to say that he had a good report<br />
from the doctor and did not have to stay in hospital. He<br />
sounded much better. Des Carmody (Redcliffe welfare)<br />
reported that Bernie Lewis, Syd Herbert and Jack Kane<br />
are going along quite well. Don Finlay is not getting<br />
around as much as he used to and would appreciate<br />
calls on 54962695 from any of his old friends. Jim<br />
Anderson phoned in an apology because he was not<br />
feeling the best. (Col Guy).<br />
BUNDABERG: On 25 March 2010 three of our members<br />
will be presented with the QPS Medal. They are Senior<br />
Members Ron Rooke and Clarrie Kelly and Life Member<br />
Cec Bartlett. Kev Guteridge will also be in attendance<br />
to receive his medal. Kev is a member of Hervey Bay<br />
Branch. The medals will be presented by Assistant<br />
Commissioner Graham Rynders at the Bundaberg<br />
<strong>Police</strong> Station. We expect a good turn out of retired<br />
members for the presentation. The Branch appreciates<br />
the efforts of State Secretary Greg Early in getting<br />
these approvals through so quickly as our members<br />
have been rather ill of late.Plans are now fully on<br />
track for the <strong>Police</strong> Legacy Bowls Day which is being<br />
held at Bargara Bowls Club on Monday 10 May. As a<br />
bonus the New Zealand and Australian Commonwealth<br />
Bowling squads will be using the greens at Bargara for<br />
four days as warm up matches for their conquest in<br />
India later in the year. (Grannie Pearce).<br />
TOWNSVILLE: Their March meeting started with the usual<br />
moments silence for members who had passed away.<br />
On a brighter note it was pleasing to see Margaret<br />
Kelly and Bill Green at the meeting. Several members<br />
indicated that they would be travelling to Bowen to<br />
attend the meeting of the Mackay/Whitsunday Branch<br />
which will be held there on 17April. Guest speakers for<br />
QRPA • 55<br />
the meeting were my wife Jenny and myself. With the<br />
aid of a power point presentation, we spoke of our<br />
recent trip to the USA. Gordon and Wendy Thomas will<br />
be the guest speakers next month and will be talking<br />
about their trip to Canada. The May meeting will be<br />
dedicated to one of our Life Members, Ossie Cislowski.<br />
In May 1954, he was presented with the George Medal.<br />
He was shot three times while arresting a male person.<br />
A bus has been organised to take us to Ingham for<br />
our June meeting. Keith and Barbara Zupp are<br />
again putting on morning tea for us. The Assistant<br />
Commissioner will be attending our April meeting<br />
and will be making a medal presentation to one of<br />
our members. Our President, Brian Bensley, represented<br />
the Branch at a medal ceremony recently held in<br />
Townsville. (John Urquhart).<br />
REDLANDS: Our annual luncheon was held on the date<br />
of our last meeting (as reported in the last Journal) and<br />
as a result of this we have not had a “get together” since<br />
our meeting in January. A tribute was paid to our late<br />
Life Member Ted “Killer” Dale (thanks to the efforts of Ken<br />
Blanch) by Jack Sim on radio 4BC. Jack Sim is the author<br />
of a number of books relating to “old” <strong>Queensland</strong><br />
crimes. One that comes to mind is the murder of Betty<br />
Shanks. It was during the investigation of said murder<br />
that Ken Blanch and Ted Dale became life-long friends.<br />
Ted often mentioned that he and another Life Member,<br />
Abe Duncan, were the only ones alive of the large team<br />
of detectives involved in the investigation of the Betty<br />
Shanks murder from the outset. Abe Duncan is now the<br />
last survivor of the team. (Terry Walker).<br />
GLADSTONE: The Tannum Sands Hotel was the venue<br />
for their 2 March meeting. Arnold Mossman is now on<br />
increased doses of oral chemotherapy but remains in<br />
good spirits especially after a visit from Mal and Joanne<br />
Nichols for a cuppa and a chat. Arnold proudly showed<br />
his visitors a photo of him in uniform taken some 60<br />
years ago which takes pride of place on his dresser.<br />
Arnold also showed Mal and Joanne two of the largest<br />
bottle trees they have ever seen. The trees were planted<br />
more than 70 years ago near the rear steps of Arnold’s<br />
parents’ homestead where he now lives. Derek Nichols<br />
is doing well and received a good report on his recent<br />
visit to doctors. Joy Dinte is in some discomfort following<br />
operations on both knees. The matter of large emails<br />
blocking members’ in-boxes was discussed. It was<br />
suggested that a PDF file could be created as these do<br />
not take up much space. President Mal proudly issued<br />
the new and improved calendar for this year, in colour<br />
and laminated. The matter of medals was discussed.<br />
Mal and Paul Ruge both spoke and are arranging for
56 • QRPA<br />
applications to be completed by relevant members. All<br />
members are looking forward to their tour of the inside<br />
of Awonga Dam wall at their May meeting. After the<br />
meeting was closed members had a delicious lunch<br />
overlooking the ocean.<br />
MACKAY/WHITSUNDAY: Our fledgling branch continues<br />
to enjoy good attendances at meetings and<br />
robust discussion. Our April meeting (Cyclone Ului<br />
notwithstanding) will be held in Bowen to give our<br />
northern members the opportunity to attend. Townsville<br />
Branch members have also expressed an interest in<br />
attending this meeting. Ernie Hockings and his partner<br />
Debbie Hillier from Bowen made the long drive down<br />
for our last meeting. Dennis Hansen has taken over<br />
the role of Social Director following the pilgrimage<br />
south to NSW of the incumbent Mark Trevitt, who<br />
we all wish well. Stuart Halls is suffering from malaria<br />
and we wish him a speedy recovery. Michelle<br />
Sheehan and Mary Hansen have formed an Archive<br />
Committee within the branch to collect, collate and<br />
preserve memorabilia – in particular photographs and<br />
documents which pertain to the members of this branch<br />
or the police district represented. (John Frater)<br />
<strong>Queensland</strong> <strong>Police</strong> <strong>Union</strong> Journal Apr 10<br />
“licensing days” - sssshh. A serious question was asked<br />
of the President about his white hair and whether it was<br />
the result of keeping mummified cadavers in his office<br />
at Slacks Creek. Unfortunately the President responded<br />
by closing the meeting. It was a great meeting with<br />
the Branch’s elders – Don McDonald and Jack Vaudin -<br />
giving it a total thumbs up. (Darryl Murtha).<br />
All the best to you and your family.<br />
Regards,<br />
Greg Early, State Secretary, QRPAI<br />
VAN DIEMEN’S LAND (TASMANIA): We still have many<br />
visitors from interstate due to the caravan ‘Grey Nomad’<br />
season. The weather is starting to cool down but we<br />
could do with some of the rain you are getting in<br />
<strong>Queensland</strong>. Mike Taylor and his wife Kelly are recent<br />
arrivals in Tasmania and reside just south of Hobart. Our<br />
next meeting is a BBQ at the President’s home at Bothwell<br />
on 11 April. Hope members remember to contact us<br />
when they are down this way. (Andy Beasant).<br />
LOGAN/BEENLEIGH: At our last meeting at the Crestmead<br />
PCYC a wonderful array of sandwiches was presented<br />
to us courtesy of the PCYC team. When President Max<br />
Moloney resumed the meeting he asked each member<br />
to introduce themselves and indicate where they had<br />
worked. What a wealth of experience and experiences<br />
in the room. Truly a mob of Rusty Bullymen. The most<br />
interesting was Safet our ex-Yugoslavian policeman<br />
who actually came to Australia originally in 1960<br />
chasing WWII war criminals. He had to be gonged or<br />
we would still be sitting there. We are going to interview<br />
Safet for a future bulletin exclusive. There was then<br />
lively discussion chaired by President Max on all sorts<br />
of topics from the Executive to organize social events,<br />
to Legacy support, to venues for future meetings, to<br />
potential sponsorship from the local undertakers, to the<br />
use of a web site, to club t-shirts, to name tags, to the