August 2009 - The Police Association Victoria

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IR News 7 Safe Streets Debacle The Force will be running down the police numbers in suburban and country areas of Victoria to bolster the numbers in Region 1. There are plans to run Region 1 at 102 per cent of its strength. This means that each other region will be structurally run down – losing 0.5 percent of their overall strength. It will mean about 170 additional police moving into the CBD. This is completely separate from the introduction of the new HR system that has seen vacancies written off by the Force. This has just been a smokescreen being used to slash numbers. It is impossible to believe TMUs and other specialist areas had unfunded positions. TMUs have not had an increase in numbers on paper or in actuality since 2000. How can a reduction in numbers help in reducing the road toll and saving lives? What it does mean is that the regions will lose even more people. When vacancies arise they will be written-off. Members will not be replaced. It continues the process of running down the regions. For years the Force has ignored the problems in the CBD. Over the last three or four years those problems have grown. Now, it appears the Force is moving in to ‘Fortress CBD’ mode. Members are being progressively moved from the regions right across Victoria to the CDB. Already communities across the state have been complaining about a poor police presence. There have been public campaigns in Yarra Ranges, Hastings, Frankston, Sunshine, Ashburton, Heidelberg West and Werribee. More will follow. Stations will go from having blank spots on the roster to not having the line on the roster at all. When a vacancy is created the vacancy won’t be filled. The Association believes that the majority of PCETs will probably be stationed in the CBD. The Association is campaigning to increase, let alone maintain frontline numbers. We are aware that everywhere is desperately short of police. The interim measure of getting police to work extra shifts for the Safe Streets program has proved to be unsustainable. Members need their four rest days a fortnight. The Brumby Government has to face up to its responsibility when it comes to police numbers. It is happy to boast loudly when they open a new police station, but where are the police to work in them? New rights for Health & Safety Representatives There is a proposal to create a right to action under the Health & Safety Act for workers who claim to have been discriminated against because they have either pursued a health and safety issue or because they happen to be a health and safety representatives. Any individual who believes they have suffered because they raised a health and safety issue or because they were a Health and Safety representative will be able to make a claim in the industrial relations division of the Magistrates’ Court. Please contact your industrial relations section for further details. Staff Assistance Program (SAP) free & confidential counselling service for Members and their immediate family. Provided by the Police Association, the SAP is able to assist Members and their families with a range of personal and work‐related issues that are faced by most people from time to time, including: • Marital/Relationship • Stress • Emotional • Legal and financial worries • Work-related • Family • Anxiety • Depression • Alcohol/drugs • Grief and loss The Police Association has contracted IPS Worldwide ® , an independent Company, to provide the SAP. All counselling within the SAP is private and confidential and is conducted by professional, registered psychologists. For more information, or to make a counselling appointment, contact IPS Worldwide ® on 1300 366 789 or visit www.www.eap.com.au The Staff Assistance Program is wholly funded by The Police Association(Victoria) Benefit Fund (as administered by Foresters Friendly Society) www.tpav.org.au The Police Association Journal August 2009
8 Legal News Drug and Alcohol Testing – members’ rights and obligations In April 2007 amendments were made to the Police Regulation Act 1958, to allow for statutory testing of members for Alcohol and Drugs of Dependence. In 2008 the Victoria Police Force introduced policy that supported the law on testing for Alcohol and Drugs of Dependence. The introduction of a testing regime within the Police Regulation Act 1958 does not give the relevant delegate of the Chief Commissioner “blanket authority” to test members for the existence of Alcohol and Drugs of Dependence. Under the law the Chief Commissioner may in accordance with the Police Regulations 2003, direct a member to do any one or more of: • Furnishing a sample of breath; • Furnish a sample of urine; or • Allow a registered medical practitioner to take from the member, a sample of the members blood For the purpose of testing for the presence of alcohol or a drug of dependence. This direction which can be made either orally or in writing, can only be administered in cases where the Chief Commissioner reasonably believes that the member: • Because of the consumption of alcohol or a drug of dependence is incapable or inefficient in the performance of their duties; or • Has been involved in a critical incident; or • The testing of the member for the existence of alcohol or drug of dependence is for the good order or discipline of the force. It is apparent that the most likely occasion where a member is to be the subject of a direction to provide a sample, be it breath, urine or blood, will be as a result of a “critical incident”. A “critical incident” is considered to be any of the following situations where the member involved is on duty and involved in an incident that: • Results in death or serious injury to a person; • The discharge of a firearm; • The use of force; • The use of a motor vehicle either as driver or passenger in the course of your duties; or • Where a death occurs to a person who is in the custody of a member at that time. What is unclear from our experience is the application of the other provisions relating to the grounds where a direction to obtain a sample can be made. Clouding the authority even further is that a direction cannot be given unless the results of the testing may be relevant to: • The management of the members performance of duties; • An investigation undertaken in respect of the member that falls within Parts IV and IVA of the Police Regulation Act 1958; or • Any proceeding arising out of, or in connection with, any investigation that emanates from Parts IV and IVA. Members compliance obligations are relatively strict however, there are in certain circumstances time limitations. Should a member be involved in a critical incident, a direction to provide a sample (blood, urine or breath) must have been made within three (3) hours of the incident occurring. In relation to other critical incident situations, (i.e. the member is not specifically involved perhaps the passenger in a police vehicle involved in an on duty collision) then the direction to provide the sample can be given within a reasonable time after the critical incident. Areas of the application of the law and policy in relation to this process that members should be mindful of are: • Unjustifiable refusal to provide a sample; • Direction given to a member by a non authorized person; • Direction to provide a sample outside of statutory time frames; • Obtaining of samples that not lawfully justified; and • The taking of a sample in a manner that does not afford the member privacy, such as in an open area and by multiple “collectors”. Our experience in dealing with members who have been the subject of Testing of members for Alcohol or Drugs of Dependence has been limited and we would encourage members to contacts us, should they wish, to discuss their experiences. How do I gain Legal Assistance? Rule 75(d) of The Constitution At the discretion of The Executive, members may be granted legal assistance when the members make application under Article 69(d). Except in urgent cases, ALL addresses pursuant to Article 69(d) will be heard on the FIRST Tuesday of each month. Because of the requirement of presenting personally before The Executive for 69(d) applications, and that The Executive meet regularly on the FIRST Tuesday, time has been allocated on these Tuesdays. Should you wish to make such an application, please write to the Secretary outlining the reasons for your request and include any supportive documents and statements so that proper deliberations may ensue. You will be advised of the time of your appointment with The Executive. August 2009 The Police Association Journal www.tpav.org.au
Page 1 and 2: VOLUME 75 - ISSUE 8 August 2009 www
Page 3 and 4: 3 President’s Message By Brian Ri
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Page 11 and 12: 12 Black Saturday Who was in charge
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Page 21 and 22: 22 Victorian on the Front Line Figh
Page 23 and 24: 24 Allen & Unwin ‘Thriller Of The
Page 25 and 26: 26 An important message from Bluey
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Page 29 and 30: 30 Member Classifieds Surfers Parad
Page 31 and 32: 32 Ocean Grove, Barwon Heads & The
Page 33 and 34: 34 Delegates Police Association Del
Page 35: xclusive savings …so easy ® ! Po

August 2009 - The Police Association Victoria

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