TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.23 application for award or variation of an award

Police Association of Tasmania
(T.2516 of 1990)
(T.3119 of 1991)

and

Commissioner of Police
(T4214 of 1993)

POLICE AWARD and Correction Order

Award variation - restructuring and rates of pay - Structural Efficiency Principle - special case applications

REASONS FOR DECISION

Application T2516, lodged by the Police Association of Tasmania on 29 June 1990, was for an increase in "all salaries and skill/work related allowances" of 3 per cent as the second structural efficiency adjustment.

On 3 July 1990 that application was referred to the Full Bench which was hearing a range of public sector matters in accordance with the Structural Efficiency Principle of the 1989 Wage Fixing Principles. The Association agreed to abide by Exhibit W2 in the conglomeration of public sector matters1 which established a series of conditions to be followed in concluding the structural efficiency exercise. With effect from the first full pay period to commence on or after 18 July 1990 the Police Award was varied to reflect the three percent second structural efficiency increase.

On 7 August 1990, following an application from the Tasmanian Trades and Labour Council in Matter TA.70 of 1990, Anomalies Conference No. 23, the Police Award was granted the status of an "arguable special case" to enable the Association to pursue a work value claim in excess of the six per cent available by way of the Structural Efficiency Principle.

Subsequently, on 7 June 1991, the Association, after industrial action by its members seeking to convince the employer that parity with rates of pay for police in other States should be conceded, made the necessary application2 relevant to its arguable special case claim. The two issues, that is the outstanding structural efficiency matters and the work value claim, were to be pursued simultaneously.

On 16 December 1991 when proceedings commenced for the purpose of programming, the Association requested that it be placed on the record that the Commissioner had been of great assistance in providing access to certain information and personnel within the Police Force which were necessary to the development of the Association's case.

The Association outlined a series of proposed inspections and advised of its intention to call a number of witnesses to provide evidence regarding alleged work value changes since 1981. The Association's objective was said to be to achieve an award which would contain rates of pay that it called "national benchmark salaries".3 It was proposed to justify its claim by way of proving work value changes for police; developing a new award involving a new classification structure with a reduced number of ranks providing for "significant multiskilling and broadbanding";4 and the "abolition or absorption into salary of the skill-based allowances" and compensation for certain of the allowances in the old award. The Association proposed a complete review of award conditions5 involving structural efficiency changes. A copy of the Association's proposed new award was formally tendered to the Commission on 4 November 1992 and identified as Exhibit PAT.69.

The Commissioner of Police (the employer), made application6 on 21 January 1993 to restructure the award and vary rates of pay and conditions. The three matters were joined in proceedings on 28 January 1993.

DATUM POINT

The Association submitted, and it was accepted by the Commission, that only work value changes occurring since the last work value decision affecting the Police Award which had an operative date of 1 July 1980, should be taken into account. That decision was issued by the Public Service Board in July 1981. Representatives of the employer argued that the appropriate date should be July 1981 and expressed concern that there might be double counting for the 12 months between July 1980 and July 1981. The employer was invited to make further submissions on the matter later in proceedings if it was felt necessary that the issue should be examined further.

In respect of certain groups whose allowances were reviewed after July 1981, a datum point of 31 January 1986 was accepted, being the operative date of increases awarded in Matter T No. 238 of 1985. These groups of employees were:

Criminal Investigation Bureau
Breath Analysis Operators
Special Weapons, incorporating Armed Offenders Squad
(now Special Operations Group)
Computer Programmers and/or Analysts

AREAS OF INSPECTION AND WITNESSES CALLED

Inspections of various areas of police work were commenced on 15 January 1992 and evidence adduced as to work changes from a number of witnesses. The taking of evidence concluded on 9 November 1992.

The areas of inspection and witnesses called are listed below:

WORK VALUE SUBMISSIONS

The Association submitted that since August 1980 there had been significant changes in the levels of skill and responsibility required of members of Tasmania Police and in the conditions under which police had been required to work. These changes were addressed under eight headings:

1. Crime Trends
2. Policing Philosophy
3. Police Powers and Responsibilities
4. Police Accountability
5. Police Methods
6. Occupational Health, Safety and Welfare
7. Recruitment, Training and Promotion
8. Integration of the Tasmania Police Force with other Police Forces

1. CRIME TRENDS

The Association claimed that the environment in which Tasmania Police worked had deteriorated during the 1980s. There had been an increase in the level of crime to "unmanageable proportions" which created an "onerous burden" on members of the Force. In addition, crime had become "more violent" in the 1980s which was illustrated by the "burgeoning incidence of armed robbery". Technological and societal change now required police "to deal with more sophisticated crime and criminals" which placed an additional burden on members "to keep up to date". It was asserted that these significant changes to the conditions under which the Police had to work required "additional skill and knowledge".

Statistical appendices to the Commissioner's Annual Reports were used to demonstrate the changes in criminal activity. The data, however, was said to understate the actual level of crime as each charge laid was not recorded as a separate offence. Similar charges against an individual were recorded as one offence. It was claimed that during the 1980s each complaint on average involved three separate charges. In addition the majority of matters now involved more than one court appearance which represented a change in the work of police prosecutors, in particular.

Statistics were tendered purporting to show that the number of offences dealt with in the period 1980/81 to 1989/90 had increased by 63% when compared with the decade 1970/71 to 1979/80. That is, 559,396 offences in total in the 70s compared to 913,998 offences in the 80s. On an annual basis offences had increased from 73,882 in 1980/81 to 98,891 in 1989/90; an average annual growth rate of 3.5%. It was claimed that the performance of Tasmania Police had improved in the 1980s compared with the 1970s in that not only was the total of offences cleared, 812,376, 78% greater than the 1970s, but relatively more offences were cleared during the 1980s (89%) compared with the 1970s (82%).

Dealing with offences in specific groupings it was submitted that:

(a) the number of assault and like offences increased by 2,930 between the decade of the 1970s and decade of the 1980s. During the 1980s assault and like offences increased by an average of 6.4% per year with most of the growth occurring since 1986/87. Annually the number ranged from just under one thousand in 1979/80 to approximately one thousand five hundred in 1989/90.

(b) The number of homicide and related offences increased 14% in the 1980s over the 1970s level. The average annual increase during the 1980s, disregarding the 27 offences in 1985/86 - an unusually high number - was 4.6%.

(c) It was asserted that crimes of indecency fell by 14% in the 1980s compared with the 1970s. Crimes of indecency had become a low priority for investigation reflecting, it was claimed, "changing community attitudes to homosexuality and offensive indecent behaviour type offences".

(d) The number of other offences against persons (mainly involving escape and attempted escape) fell by 30% in the 1980s compared with the 1970s. It was asserted that the number of offences in this category had always been low.

(e) Offences against property (arson, burglary and stealing) increased 70% in the 1980s compared with the 1970s. The average level of offences against property grew by 6.2% each year during the 1980s. In raw numbers these offences grew from approximately 16,000 in 1979/80 to approximately 32,000 in 1989/90.

(f) The number of fraud and similar offences increased 48% during the 1980s over the 1970s level. The average annual level of growth during the 1980s was 4.2%. There were just over 1000 offences in 1989/90 with a peak of approximately 1700 in 1987/88. This increase was attributed to the emergence of the "credit card economy" and white collar crime. Many investigations in this area, it was said, involved interaction with interstate police forces, senior personnel in financial institutions, business and government officials and politicians.

(g) The number of miscellaneous police offences increased by 34% between the 1970s and 1980s, rising from approximately 2400 in 1979/80 to approximately 3400 in 1989/90 with peaks of approximately 4300 in 1983/84 and 1988/89. There had been an annual increase of 5.5% during the 1980s.

(h) Licensing Act offences increased by 133% in the 1980s compared with the numbers in the 1970s. There had been an increase of 23.1% each year during the 1980s. Annual numbers ranged from approximately 1200 in 1980/81 to 2700 in 1989/90, with a peak of approximately 3450 in 1986/87. Under-age drinking was said to be the principal reason.

(i) Racing and Gaming Act offences fell by 24% in the decade of the 1980s compared with the 1970s. There were 79 offences in 1989/90.

(j) Traffic and Road Safety offences increased 35% in the 1980s compared with the 1970s, and by an average of 1.8% each year during the 1980s. The number of offences had risen steadily from approximately 30,000 in 1970/71 to approximately 54,000 in 1989/90 with a peak of approximately 66,000 in 1987/88.

(k) Offences in the category of miscellaneous Acts increased by 123% in the 1980s over the 1970s. There had been a 6.3% average increase each year during the 1980s. Annual numbers ranged from approximately 2,000 in 1979/80 to approximately 3,600 in 1989/90 with a peak of a similar number in 1984/85. Almost half the offences in this category were drug related and committed under the Poisons Act.

The Association submitted that based on statistics taken from the Commissioner's Annual Reports, the number of indictable crimes, being the more serious crimes, had trended upward at an average of 6.0% each year since 1981/82 when there were 17,494 indictable crimes to 29,054 in 1989/90.

It was claimed that this statistical analysis showed that crime had become worse and as a consequence the conditions under which Tasmania Police work were more onerous and demanding. Evidence from six of the witnesses had addressed crime trends. In particular the Association sought to rely on statements made by the following officers:

Superintendent Chugg stated that a number of facets of crime had substantially changed in the 1980s. Organised crime, greater numbers of juveniles being involved in criminal activity and increased under-age drinking were identified as key areas.

Superintendent Chugg observed that there had been -

"... quite a significant increase in crime generally, particularly in the last 4 or 5 years. The crimes mainly effected are burglary and stealing, but there has been an increase in other crimes, particularly assaults. There's been an increase also in the incidence of armed hold-ups and aggravated assaults and robberies".

Transcript p.284

He said "criminals are becoming more sophisticated in their methods of operation. They're employing a great deal of technology now that they weren't previously". He instanced the use of scramblers, scanners, mobile telephones, bugging devices and access to legal advice to thwart police activities. There was evidence he said of quite widespread tactical use by criminals of complaints against police as a means of extricating themselves from charges.

Organised crime had become "much more sophisticated" involving mainly motor cycle gangs in drugs, stolen motor cycles and parts, and firearms and had extended their activities into hotels and other legitimate business enterprises. Under cross examination Superintendent Chugg said his first indication of the existence of organised crime was in the late 1970s and early 1980s. However nothing had been done to combat organised crime in the 1970s - the impetus for recognition (and combatting it) was the formation of the Bureau of Criminal Intelligence.

Superintendent Johns described the increase in traffic offences as significant and said they had been detected with no extra personnel. The offences targetted were those which were seen to contribute to serious and fatal accidents. He acknowledged that a bigger effort had been made during the 1980s to detect and apprehend traffic and road safety offenders. He said that in 1990 ten per cent of drivers involved in fatal accidents had been charged with manslaughter or death by dangerous driving and that all the prosecutions had been successful. Success rates had not been as high in the previous review period.

Superintendent Fielding made the following points which the Association considered to be significant:

(i) There had been an increase in the use, selling and supply of narcotics, which included heroin and amphetamine use, particularly since the mid 1980s, and the use of amphetamines was continuing to escalate.

(ii) Burglaries had increased to feed drug users' habits and there had been an increase in armed hold-ups and in drug offenders arming themselves. He estimated that one in three drug offenders were armed with pistols or rifles.

(iii) There was a trend to the more serious assaults, which resulted in injuries involving "generally speaking ... broken bones".

(iv) House burglaries and motor vehicle stealing had "dramatically increased".

(v) The number of sexual offences had "substantially increased", as had white collar crime, domestic violence and organised crime which included burglary and stealing from dwellings, drugs, SP bookmaking and auto crime.

(vi) There were more younger persons involved in crime and there was a tendency for offenders in the more serious offences to be younger.

In relation to drug crime, Senior Sergeant Gyselman attested that there had been an increase of almost 100% in the numbers of persons charged and the number of offences involved when the year 1980/81 was compared with the year 1990/91. In the intervening time drug law enforcement had changed from generally a state-by-state operation to a national approach. Combatting organised drug crime had become a very complex business. Quantities of amphetamines and heroin were seized regularly - "five years ago the seizure of those two particular drugs would have been quite infrequent; 10 years ago it would have been a total rarity." (Transcript p.389)

The schedule to the Poisons Act was being amended constantly to reflect the new "designer" drugs being manufactured.

First Class Constable Kearney gave evidence in respect of police work at a one-person station. He claimed that since the early 1980's there had been a "lot more burglaries, especially daylight burglaries". (Transcript p.7)

Drug use and abuse was now quite a common offence; vandalism after hotel closing time had increased; speeding and drink-driving offences had increased.

The number of suicides had increased. There had been six in the past eighteen months (to April 1992).

First Class Constable Kearney's Crime and Occurrence Book recorded 40 major incidents in 1983 and 222 in 1991. Sixty-seven people were charged in 1984; by 1990 the number had increased to 166. The proportion of charges for non-traffic against total offences increased from 2:67 in 1984 to 12:114 in 1991, although 1991 would not be regarded as a normal year. He added there was "a lot more bailiff work." (Transcript p.799)

Assaults against police had increased by 8% in the seven year period 1983/84 to 1989/90 when compared with the seven years 1973/74 to 1979/80. The Association claimed that the evidence of Superintendents Johns, Cashion and Chugg indicated that assaults on police had increased over the last ten years and the work environment involved a higher risk of assault. On the latter point the Association relied on the concern expressed by First Class Constable Kearney about the lack of assistance when dealing single-handedly with a group, often intoxicated, and the need to exercise particular care to avoid being assaulted.

It was claimed that police were exposed to an increasing number of unprovoked attacks generally from young offenders; on average about 19 in every 100 police were assaulted each year. These numbers were said to be understated because many assaults were prosecuted as resisting arrest which was a charge more likely to secure a conviction. The Association alleged that police were now trained to be non confrontationist; for example, during the 1980s there was a trend away from detention of people charged with offensive language. Now, where offensive language charges are made, those charged, generally, are bailed immediately.

The Association summarised its submissions on crime trends as follows:

"The level of crime in Tasmania significantly worsened during the 1980s compared to the 1970s, and crime grew during the 1980s. The conditions under which Tasmanian police work deteriorated during the 1980s. It is now a more demanding, complex and frustrating work environment. Coupled with the increase in crime, crime has become more violent and complex. Offenders in many instances are more sophisticated and clever. During the 1980s the task confronting Tasmania Police became a lot tougher. Offenders are generally more knowledgeable of their rights, and in particular many refuse to have their interviews video-taped.

The growth in crime is not explained by population growth. The growth in crime has far outstripped population growth.

Transcript p.1339

And further:

"Nor has the growth in crime during the '80s been matched by a corresponding increase in police numbers.

In June 1992 there were 989 Tasmanian police. About 1 per cent more than the 977 at 30 June 1980."

Transcript p.1340

"In addition, the transfer of the sea fisheries inspectors to Tasmania Police involved an additional 21 positions at the time of transfer."

Ibid.

The employer did not dismiss the statistical information but submitted that "the figures must be treated with some degree of caution" and added that annual peaks and troughs in the figures during the period under review might have been related to policing policies." (Transcript p.2179)

The employer expressed concern that in any event an increase in the volume of work, in this case in the numbers of offences recorded, was not of itself a factor for consideration in assessing work value.

In relation to traffic offences, it was submitted that although the numbers of charges increased by an average of 1.8% per year during the 1980s, the numbers of persons charged in 1990/91 was less than the number of persons charged in 1979/80 - an 18% reduction in the number of persons charged.

It was submitted that whilst there appeared to be an overall increase in recorded offences in the period under review, there was a drop in both offences recorded and persons charged in 1990/91 compared with 1979/80 and that viewed in isolation, the 1990/91 figures did not support the argument put by the Association.

In respect of burglaries, which were included in the category Offences Against Property, the employer conceded that there had been a substantial increase, particularly in burglaries over the period under review, but the clearance rate had dropped from 27.8% in 1979/80 to 8.48% in 1990/91. More specifically, this meant that in 1979/80 1,009 out of 3,624 recorded offences were cleared against 680 clearances in 1990/91 out of 8,013 burglaries.

It was also submitted that the statistics did not "prove the seriousness of the offence" or whether it was "just a general policing thing that was always undertaken, or whether it was more serious in nature." (Transcript p.2353)

The employer argued "that the skill required to investigate and solve one of those more serious crimes (was) the same level of skill to solve 30 of them." (Transcript p.2354)

In general terms the employer held the view that the "greater detection rates" were the result of changes in policy direction, prioritising, targeting, more sophisticated equipment which enabled faster processing, increases in the numbers of licence holders and registrations and increases in population rather than the result of the application of new skills.

The Commission was asked to draw nothing from the evidence of Superintendents Cashion and Chugg concerning juvenile crime as the alleged increase in juvenile crime did not affect the way police performed their functions.

Finding:

On the material and evidence presented it is clear that there has been, overall, an increase in the number of criminal and other offences reported to police each year over the past decade. Clearance rates, statistically, have increased. However, care needs to be taken in interpreting this measure because of the high proportion of traffic and related offences which are, in the main, automatically cleared.

Offences such as arson, burglary and stealing, fraud, under-age drinking and drug related offences certainly have increased and as a result have placed police resources under stress, both logistically and personally. Whilst I accept the argument that an increase in the volume of work is not of itself a work value consideration, I am satisfied that it has impacted on the conditions under which police have to perform their duties, both in terms of the general environment and the need to prioritise their activities.

2. POLICING PHILOSOPHY AND STRATEGIES

The Association considered there had been five important areas of change in Tasmania Police's policing philosophy and strategies. These were:

Community policing;
Devolution and Management Accountability;
Prioritising and Targeting;
External Liaisons; and
Performance Assessment.

Community Policing

Community policing was said to be directed at encouraging and servicing community involvement and activity in preventing and detecting crime. There had been an increasing emphasis on community or proactive policing (which it was claimed was, largely, a new method of policing) by Tasmania Police, and other Australian police forces, during the 1980s.

Traffic law enforcement programs, such as random breath testing, were regarded as proactive policing as was the work of the Child Protection Unit established in 1987, which worked with other agencies to keep child abuse levels down. Other specific areas of community policing were detailed by a number of witnesses.

Inspector Ron Massie (Marine) instanced Fisherman's Watch, which was introduced in the mid 1980s, and involved all officers and members in his Division.

Inspector Massie said:

"I believe that this initiative has been very well accepted by the community. It's not only my responsibility, but it's the responsibility of all the officers in our division to participate in these lectures, and they do range from talking to primary school students in some instances, high school students, rotary groups, .... lions clubs and fishing industry groups right around the state, and I believe that we have achieved a lot of our goals, but it's an initiative that we need support from all of our staff... to support it and encourage it, and I'm pleased to indicate that right through the division, we've had support in this area."

Transcript pp.69/70

Superintendent Cashion considered that community policing had developed through the 1980s, particularly the latter part of the 80s, and that there was every indication it would extend to a greater degree in the 1990s. Examples of community policing in the Southern District were Neighbourhood Watch, Taxi Watch, Adopt-a-Cop, School Safety Houses and a program (unnamed) involving police in initiating contact with groups of elderly people in housing establishments to give them confidence in the police in their area. He said community policing involved a skill in handling people which, whilst it was not new, was much more pronounced in police work now.

Superintendent Fielding identified examples of community policing in the Criminal Investigation Bureau area as Operation NOAH, a nationwide program in which on a particular day the public is invited to call a special, advertised telephone number and "dob in" a drug dealer. Operation Paradox, a concept similar to Operation NOAH, concentrated on child sexual abuse. CIB staff gave lectures to groups in banks, businesses, schools and community organisations.

When asked in cross examination "what intrinsic work value skill enhancement (was) involved in being proactive as distinct from being reactive", Superintendent Fielding said:

"Probably in their ability to communicate and interact better with the public ... it's that siege mentality and something that we've tried to overcome over the years, but it still exists to some degree, but it's changing their attitudes and training them to try and work more with the public and it's difficult I suppose for them to ... because one hand you're arresting somebody and ... next ... you're wanting them to assist you on the other hand, and it's rather difficult and we're having to get police officers to change their work practices I suppose inasmuch they've got to be able to do both and do it effectively and well and it's not always easy and it's something I would like to think that we are starting to achieve."

Transcript p.233

Superintendent Chugg added to the list of community policing initiatives programs such as Rural Watch, and Cops and Kids (a program for disadvantaged young people). The introduction of a mobile police station in Launceston was put forward as a project which had achieved high public acceptance and reduced reported offences during its operation by between 20 and 50%. He corroborated other witnesses' evidence that the majority of officers involved in community policing were at the lower ranks and very often quite junior in terms of length of service and age.

Inspector M. Massie, officer-in-charge of the Search and Rescue Division, interpreted community policing as being able to "elicit the aid of people other than police to do our job so that we've been doing that for quite some time, but in recent times there's been a greater emphasis on that because we have a dwindling resource in terms of police numbers." Organisations with which his Division was involved included the Bush and Mountain Craft Leadership Training Board out of which had been developed "a core of personnel specialised in leadership and other outdoor skills training" who could be called on for assistance. (Transcript p.557)

The Water Safety Committee of Tasmania, of which the Inspector was a member, had produced a number of pamphlets emphasising safety for anglers, scallop divers and boat users. Other pamphlets dealing with bush safety generally and wild water rafting had been produced and were freely available to the public. This was regarded as an illustration of the Division's encouragement of people to take more responsibility. Inspector Massie felt that the work of the Water Safety Committee and other concerned persons had markedly reduced the high incidence of drownings in the State. That type of work had increased in the 1980s. All members of the Division were called on "from time to time" to lecture outside organisations and school groups.

In order to effectively perform community policing work, Inspector Massie said in relation to dealing with specialist groups:

"They (his officers) certainly have to have a knowledge and be accepted by their peers that they're talking to in respect to climbing, caving or whatever, but additional to that, they need to have a delivery skill that can properly put the message across and be accepted by the group that's subject to it."

Transcript p.558

Sergeant Jones of the Child Protection Unit referred to significant community liaison with outside agencies and parents.

First Class Constable Kearney also alluded to an increased involvement, in the 1980s, with community organisations, schools, the fire service. He indicated that there was a particular skill involved in establishing a rapport with the local community.

In summary, the Association claimed that:

"The evidence shows community policing is a particular approach to policing which has as its root the idea that police should spend more time working with the community rather than just chasing law breakers. It requires police to be pro-active and perform more of a social worker role rather than a reactive role as in traditional policing. It is a significant change in the police function. It is non-traditional and requires two different cultures within a police force. It cannot detract from the ultimate role of police which is enforcing the law in a reactive way. Nevertheless, it is a crucial part of an integrated policing strategy to combat increased crime. Unlike reactive policing which is targeted at the offender, community policing is targeted at the community and seeks to make it actively involved in the prevention, avoidance and detection of crime.

Community policing is undertaken by Tasmania Police in association with other government agencies, many of which have been established during the 1980s."

Transcript pp.1344/5

and further:

"Community policing represents a significant change in the conditions under which police work and involves significant additional skills and responsibilities."

Transcript p.1345

and later:

"Working with the general public, community and minority groups involves police working in a different environment to that which is normally associated with offenders and suspects. The police seek to establish a cooperative and supportive relationship rather than an `us and them' approach which typifies many police relationships. Community policing involves fundamental attitudinal changes. It requires police to become part of the community rather than being separate from it.

Community policing requires of police officers the following skills: The police person must have sound social and interpersonal skills. He or she must empathise with the community, interest or minority groups, but also must know when to draw the line so as not to become a mere advocate for such groups. Must be persuasive and articulate. Must possess organising skills and be able to capture and retain community interest and minority groups' interest and support. In community policing officers do not operate or interact with clients, subject to the same discipline and authority as in police work normally. The police person must be able to deal with role conflict. Pro-active work can come into conflict with natural justice. Information obtained through counselling, for example, may be provided on a confidential basis, but nevertheless may constitute valuable intelligence. He or she must be able to judge and feel comfortable about their success in terms of less tangible measures than in traditional policing.

Community policing reflects the increase in shortage of police resources in the face of escalating crime. Community policing in one sense involves the recruitment or mobilisation of the general community as police aides in the fight against crime. In this way it allows police to be more effective."

Transcript pp.1345/6

The employer submitted that proactive community policing had been in evidence for some time prior to the period under review. It was claimed that the expression "community policing" was used to give the impression of something new but that, in fact, reports of the decade of the 70s showed that police officers were undertaking activities which were now identified as community policing.

The employer conceded there had been a move towards developing a fuller community involvement in policing generally and agreed with Superintendent Chugg that there had been a move back to the old concept of the community policing their own community.

In respect of the external involvement of personnel in giving lectures and demonstrations to outside groups, the employer asserted that these activities "were a feature of earlier times" and that whilst it was claimed they were on the increase, no figures were put forward to substantiate the extent of the increase.

However, it was submitted that the skill levels required to enable community policing programs to work had been evident in the police workforce prior to the period under review and it was added "the more experience they have of using the skill the more competent they become". (Transcript p.2367)

The employer submitted "the requirement and involvement of police in community activities is not a factor germane only to the review period although we would concede that greater emphasis on community policing has evolved during the 80s in a series of controlled and regulated programs of the nature to which I have earlier alluded". (Transcript p.2369) This reference was to the series of programs which the Association had submitted were in operation under the community or proactive policing banner.

Traffic law enforcement programs, which might be regarded as proactive policing, were dealt with by the employer in another segment of its submissions.

The Association rejected the employer's portrayal of community policing and submitted that "community policing and the proactive approach now deals with the whole community, not just selected groups". It was not "just a matter of lecturing or getting a police point of view across". (Transcript p.2560)

Finding:

I accept the proposition that the move by police into community policing activities has developed positively over the last decade. However, I tend to agree with the employer that this process has not required the use of any new skills on the part of police generally, and that it has been of an evolutionary nature. In the circumstances I find it difficult to regard the community policing segment of the claim being a significant work value factor in this exercise.

Devolution and Management Accountability

The Association submitted that in two key areas of the management of Tasmania Police, that is, in supervision, including command and control, and in budgeting, responsibility had been devolved to lower ranks during the 1980s.

Cutbacks in the number of senior officers, which had resulted from the redundancy program of 1990, had resulted in supervisory responsibilities being undertaken by lower ranks and a wider span of responsibilities has been required for managers. It was claimed that since the mid-1980s there had been a concerted effort to make the Senior Constable the first line supervisor. Until that time most supervisory positions were at the Sergeant level, whilst Senior Constables were regarded as the "more experienced Constables". In the late 1980s Senior Constables at certain suburban stations were given command of the shifts involving 4 to 8 Constables. To cope with this, shift training for the Senior Constable rank had changed and in the 1980s a new live-in qualifying course in practical duties had replaced the Practical Police Duties paper. The new training course emphasised command and control issues and especially the role of the supervisor.

It was asserted that:

"Senior constables must now have a thorough understanding of command and control role principles and responsibilities and the ability to effectively take operational command and control of incidents, for example, traffic accidents, domestic violence and burglaries. This change was instituted in 1986 and was reflected in changes in the curriculum of the promotion courses to the ranks of senior constable and above. Senior constables now receive instruction and training in command and control. Constables generally are expected to assume a greater role and responsibility in the command and control of incidents."

Transcript p.1349

More specifically it was contended that front-line supervisors in the Traffic Control Office were now Senior Constables rather than Sergeants.

The restructuring and amalgamation of the Traffic and Marine Districts in 1990 had resulted in one less Superintendent being required. Some of the functions previously performed by the two Superintendents had been shifted to the Divisional Inspectors.

Firearms training was devolved from the Tasmania Police Academy to District and Division range Supervisors.

Witnesses who addressed the matter of devolution included -

Superintendent Johns, who attested to the fact that managerial and supervisory responsibilities had been devolved, particularly to Senior Constables, who were replacing Sergeants who previously carried out these functions. First Class Constables also were said to have to assume responsibilities of supervision and control in a relieving capacity.

He said:

"Senior Constables ... have got to take over the command and control at accident scenes which previously would have been overseen by Sergeants and also various public events, they are also required to perform and do operational orders relative to public events, and police those public events. And there are functions that were previously done by police of higher ranks."

Transcript p.24

Supervisory functions now alleged to be carried out by Senior Constables included "overseeing the operational police, the constables in the field that are out on such duties as patrol, enforcement work, accident attendance ... RBT (random breath testing) operations, and this type of function is now being overseen by a Senior Constable and indeed, in their absence, the First Class Constables are actually promoted to relieve at that rank. So that particular function can go down to that level". (Transcript p.44/45)

Other witnesses stated that supervisory functions which were once the responsibility of Sergeants were now carried out by Senior Constables and in the Marine and Search and Rescue Divisions, First Class Constables were either, in the case of the Marine Division, initiating activities of their own accord, or in the case of the Search and Rescue Division, being instructed in search co-ordination and command and control.

In relation to the devolution of control of finance, it was submitted that there had been a move away from central control during the 1980s. This shift has started with the responsibility for penalty rates and overtime being devolved to Districts in the mid 1980s and had extended to a number of other items in 1991.

Historically finance had been allocated from the central Finance Branch on application by District Superintendents. Since 1 July 1991 Districts had been responsible for expenditures in the areas of telephone and heating costs; running costs of motor vehicles; equipment, e.g. specialised clothing, breath analysis equipment and search and rescue gear; office requisites and equipment and housing maintenance.

It was claimed that, generally speaking, maximum devolution was encouraged in relation to forecasting and compliance with budget targets. The ranks involved were down to Sergeant and in some cases to Senior Constables.

Devolution of responsibility for budgets, both in preparation and adherence, was said to have coincided with the introduction of strategic and operational planning. Tasmania Police had produced its first corporate plan in 1989 which provided for planning at the District and Divisional levels. Officers at all rank levels, it was claimed, were involved in the process of developing District plans once senior management had determined the overall objectives for Tasmania Police.

The Association asserted that there was "a clear responsibility now for officers to be financially accountable for their decisions and to be more strategic in their thinking." (Transcript, p.1355)

The Commission's attention was drawn to a phenomenon referred to by the Association as "horizontal devolution" which, it claimed, was a significant change to the nature of work for uniformed officers which required the acquisition of additional skills and was a powerful example of multi-skilling which had developed in the period under review.

In that respect Superintendent Cashion, responding to questions regarding crime trends, said:

"... uniform police are involving themselves in crime to a greater extent, inasmuch that they are now taking the initial reports of crime in, I guess, 95% of the cases. My recollection clearly is that once practically all crime reports were attended to and received by members of the Criminal Investigation Branch, but their commitment is such that they just can't afford the time to attend the crimes of burglaries, and like crimes, and so it is left firstly to the uniform branch to attend crime matters. That to me is sad, but it is very significant, and it has placed a very substantial workload on uniform police.

Transcript p.116

Because of the increase in crimes of that nature and the acknowledgement that the CIB could not deal with it due to other investigation priorities, the Association submitted that the uniform branch had taken on that role, which meant those officers had to exercise new skills and responsibilities. Superintendent Fielding and Superintendent Chugg also referred to the changed nature of the work of uniformed personnel and to increased crime levels.

Senior Sergeant Gyselman also dealt with the topic of horizontal devolution in his evidence, where he stated:

"Up until late last year it would be quite infrequent that any other officer apart from the Drug Bureau officer would deal with any other matter. Because of the change in direction and our strategy our office is no longer in a position to deal with minor drug matters, so they are being directed to uniform, stations, be it suburban or country. As an example, last week I directed 12 matters to be dealt with by Bellerive, Bridgewater and Geeveston, so those matters would be delegated by their sergeant to his subordinates for investigation by the uniform personnel. But they are only minor drug matters, and it is becoming quite apparent that that's going to be a permanent strategy and a permanent feature in the future."

Transcript pp.391/2

The employer held the view that command and control of public events was undertaken under practices and arrangements which had been evolved over considerable time and considered that little attached to the "requirement to plan in advance the conduct of an orderly event relying upon previously established parameters". And further that "it probably just requires consultation with the officials of the event to establish those basic outlines ... and to ensure that certain persons were at certain places at given times". (Transcript p.2165)

The employer submitted that Constables, First Class Constables and Senior Constables would be well versed in the procedures attaching to their functions in respect to these events, and submitted that there was no measurable change in skill and responsibility of their work.

In response to the Association's claim that some budgetary responsibility for overtime, penalty and shift arrangements and purchase and allocation of equipment had been devolved to lower ranks, the employer submitted that it was the Superintendents who were accountable and responsible for such expenditure and controls. The lower ranks were required to administer the budget which was regarded as simply devolution of work but not devolution of accountability.

The employer took comfort from a remark by Commissioner Koerbin at page 23 of his report in Public Service Board matter P.58 of 1976, where it was noted that "some Senior Constables are able to double quite effectively for ... Sergeants". The employer went on to argue that the small differential between Senior Constable and Sergeant suggested that it was not unreasonable to expect, in certain circumstances, that a Senior Constable should assume the responsibility of a Sergeant.

Finding:

I accept the submissions of the Association that there has been an increase in the level of management accountability required at the Senior Constable and Sergeant level. The employer's extension of the references in the Public Service Board decision in Matter P58 of 1976 to impute that Senior Constables generally were paid at a rate close to that of a Sergeant in order to recognise that they were required to act as Sergeants, is, I consider, misplaced. On the evidence, not disputed, Senior Constables generally were being required to accept more management responsibility as were all ranks in the force. I accept that increased operational responsibilities have been devolved to some Constables and most Senior Constables, and there has been an increase in budgetary and general management responsibilities at the Sergeant and Inspector levels, particularly in respect of the exercise of financial management. At the Superintendent level an increase in responsibility has also occurred.

I am satisfied that the changes cited in respect of devolution of responsibility represent a net addition to the value of the work performed by police from the experienced Constable up to Superintendent level.

Prioritising and Targeting

Given the escalation in crime levels during the 1980s and the "squeeze" on police numbers, the Association claimed that crime had to be prioritised for investigation more so than had been necessary in the past.

Prioritising was explained in the following manner:

"Prioritising is the process by which decisions are made as to which crimes to investigate. Prioritising is necessary because of the increasing divergence between Tasmania Police's policing capacity and the level of crime. Prioritising decisions are made at every level. Importantly, officers are answerable, internally within Tasmania Police and externally to members of the public, for decisions made about which crimes they give priority to for investigations and crimes not given priority. This can involve complaints to and investigations by the Internal Investigations Unit and possible neglect of duty charges.

Prioritising requires officers to make judgments about which crimes to investigate or attend. This involves weighing up the seriousness of the crime and the likelihood of getting an offender. In making such decisions, priority is given to offences against the person. Prioritising also involves additional responsibility, as officers are accountable for their decisions. Prioritising increases pressure and the possibility of complaints against police."

Transcript pp.1359/1360

Associated with prioritising had been the development of targeting and task force policing. The Association claimed that:

"Targeting is an innovation in the late 80s. It involves the targeting of the suspected offender or offenders for an area or particular investigative attention. The investigation is generally undertaken by dedicated teams task forces, comprising officers with all the relevant skills for the investigation. For example, uniform, surveillance, under cover, crime scene examination, et cetera.

Task force policing generally involves officers of all ranks and is often intense work over an extended period with little let up. Examples of task forces include, burglaries in the North Hobart area, assaults in Sandy Bay, Operation Chariot which involves motor vehicle thefts, statewide safe breaking, deer poaching in the Launceston area, Operation Follow On, Poppy Task Force and abalone fishing."

Transcript p.1361

Because of the static numbers of police, prioritising had become an imperative for police and it involved the application of new organisational skills from senior management down. Targeting involved certain areas, mainly BCI and the Drug Bureau in more detailed preliminary work, "working up", in order to satisfy the changed requirements of the courts.

The employer said prioritising and targeting had resulted from management initiatives to concentrate resources on known or identifiable problem areas in order to arrest or minimise the occurrence and impact of offences, and that was said to be not so much a change in the manner in which the actual performance of the work of police was undertaken, but rather the method. The employer recognised that prioritising might have its "down side" but this should not reflect on the performance of police. It was rather that the decisions of management to target certain areas and to prioritise resources was more about management using best practice than "calling upon a new order of policing skills". (Transcript p.2187/7)

Finding:

I am not convinced that the need to prioritise represents a significant net addition in the skill level of police generally. It certainly affects the more senior levels, that is from the experienced Constable level up, and requires them to ensure that stretched resources are allocated to the most appropriate areas of need. That, in itself, places added responsibilities on those required to make decisions. Similarly, the issue of targeting does not involve new skill but is primarily a responsibility which, on the evidence and submissions, commences at the senior or experienced Constable level and rises up the scale.

The growing need to prioritise represents a change in the nature of the work performed at the levels mentioned caused by increased pressure or stress levels and adds to the ever-present demand for police to be accountable for their actions or lack of action. I consider that this factor is a work value item.

I do not consider the changes referred to in respect of targeting carry any weight in respect of the work value assessment.

External Liaisons

It was submitted that during the 1980s Tasmania Police had sought to "broaden its role" by establishing relationships with many external groups and by "increasing the scope for other government agencies and community groups to input into the work of Tasmania Police." (Transcript p.1361)

The Association listed a number of examples of external liaisons established in the 1980s. These were:

1. Crisis Intervention Unit: This was established in 1985 in the then Department of Community Welfare as a mobile direct contact crisis intervention service provided in domestic assault situations by trained counsellors.

The unit worked in close cooperation with Tasmania Police to provide effective protection to victims of domestic assault. Police Standing Orders - Standing Order 139 - which related to domestic crisis surveillance - required officers to provide reports on all domestic violence incidents to the Crisis Intervention Unit and in most cases for attending officers to arrange for CIU staff to attend domestic violence incidents.

Crisis Intervention Unit staff regularly attended police training programs on domestic violence.

2. Road Traffic: During the 1980s a number of road safety liaison committees were formed and liaison between traffic control and other government departments has been greatly enhanced. These committees had been formed to coordinate the activities of people involved in road safety issues, and included:

(i) Road Safety Consultative Committee
(ii) Road Safety Advisory Group
(iii) Road Safety Liaison Group

3. Marine: A new area of police responsibility was transferred to Tasmania Police in 1985. External liaisons included:

(i) The Tasmanian Fishing Industry Council;

(ii) The Tasmanian Amateur Sea Fisherman's Association;

(iii) The Australian Fisheries Management Authority re enforcement of the Commonwealth Fisheries Act. The Commonwealth Government had engaged the service of Tasmania Police to lecture other Police Forces and Sea Fishing Agencies on the enforcement provisions of the Commonwealth legislation;

(iv) Other State Police Forces (S.A., Vic, and N.S.W.), and marine agencies in enforcement matters;

(v) The Sea Fisheries Division of the Department of Primary Industry;

(vi) The training of Antarctic Division Personnel as coxswains.

4. Aboriginal Liaison: Tasmania Police had attempted to maintain a formal consultative arrangement with the aboriginal community since 1984.

5. Taxi Liaison: A formal relationship was established with taxi operators with the appointment of a Taxi Liaison Officer in 1990.

6. Child Protection Assessment Review Board: A Child Protection Unit (CPU) was established in 1987 to work with the Child Protection Assessment Review Board, especially in investigating maltreatment cases referred by the Board.

7. Sexual Assault Support Service (SASS): This service was established in 1986 to provide services for victims of sexual assault and incest and had as one of its objectives the promotion of cooperative working relations with police.

8. Sexual Assault Medical Service (SAMS): Established in 1990 to provide medical services to victims of sexual assault and abuse. The CPU liaised closely with SAMS regarding evidence in connection with charges involving post puberty children. All operational areas were said to liaise with SAMS because it covered all age groups and both sexes.

9. Poppy Control Board and Control of Opium Poppy Industry Security Board: These Boards regulated and controlled the growing and processing of the opium poppy in Tasmania. The Department's Poppy Task Force operated in conjunction with these Boards.

10. Cash Transactions Reports Agency Committee: A Commonwealth Department Committee formed in 1991 attended by a senior member of the Bureau of Criminal Intelligence on a monthly basis. The Committee decided what action should be taken by the Tasmanian Authorities.

11. Australian Tax Office (ATO): Tasmania Police had appointed an Inspector as liaison officer and all dealings with the ATO were channelled through this officer.

12. National Crime Authority (NCA): Established in 1984 to investigate and prosecute organised crime; the Assistant Commissioner, Crime and Operations, was a member of the NCA Secretariat.

13. Australian Bureau of Criminal Intelligence (ABCI): The ABCI was established in the early 1980s and was a national criminal intelligence agency focussing on organised crime. Two Tasmania police officers were seconded to the ABCI.

14. Local Government: Divisional Inspectors were encouraged to liaise closely with local councils and attend council meetings.

In concluding its submissions on these matters the Association said:

"In conclusion, Mr President, community policing, devolution, prioritising and targeting and external liaisons are global changes profoundly affecting what Tasmania Police is about and how it does - how it goes about it. As such they changed the conditions under which police work and in most instances involve additional skills and responsibilities. They have been accompanied by a major personnel management change which reinforces them."

Transcript p.1371

In relation to the development of the Crisis Intervention Unit, the employer submitted that their expert counselling capacities assisted and lightened the load of police in domestic violence incidents. The availability of full time officers during the day to follow up domestic violence incidents removed that responsibility from police generally. This was particularly so in relation to police who sign off the 6 p.m. to 2 a.m. shift and who do not report for duty until the same shift the following day. The employer did not deny the responsibility of police in domestic violence matters but held that there had been a shift in responsibility to enforcement rather than a responsibility based on placatory, advisory, or restoration of maintenance of the peace role.

So far as Marine responsibilities were concerned, the employer considered that most of the external organisations cited had been in place prior to 1985 and that liaison with those organisations had been a feature of the activities of the organisation which had prior responsibility.

The relationship with the Child Protection Assessment Board was unchanged and the employer submitted that police had been involved in the more serious matters pre-1986 (in the days of the last work value conducted in relation to CIB, Matter No. T.238 of 1985). It was argued that police had always had a significant role in child protection but that relatively speaking it was now "more significant given the policy and legislation and co-ordinated approach to child physical and sexual abuse." (Transcript p.2468)

In respect of the Sexual Assault Support Service and the Sexual Assault Medical Service the employer said "that the endeavours to achieve greater understanding of the roles between police and other participants in this area was evidenced prior to 1986." (Transcript p.2468)

The regulation and surveillance of the opium poppy crops was considered to have been well scrutinised by the Public Service Board in Matter P.58 of 1976 in which the Commissioner referred to the security and investigation aspects of poppy growing as already in place. The licensed number of growers was then 585, it was now approximately 600, and in the employer's submission there was no evidence of increased work value attaching to this particular matter.

The employer made no reference to the Department's involvement with the Cash Transactions Reports Agency Committee, the ATO or the NCA. It was noted that the last work value case relating to the operations of the BCI was conducted in 1985, and the Department had on-line data base communication with ABCI in 1984.

Finding:

I do not accept that the involvement of police in, and with, the external agencies mentioned (with one exception) represents a significant change in the work of police in this State; the exception being the relationship with the Crisis Intervention Unit which is referred to elsewhere in this decision. The involvement of police with outside agencies is an inherent and important feature of police work, but there is no evidence to suggest that there has been any change in the skill of police required to be involved or that the value of that work has changed.

Performance Assessment

The Commission was told that a system of performance appraisal was introduced in the 1970s and had been substantially revised in 1988. It was explained that:

"Prior to 1988, performance appraisal generally involved informal and unstructured counselling often on an ad hoc basis and commonly about personnel - sorry - personal conduct and attitudes, especially the don'ts. Appraisals were conducted by three raters who did not know the others' identities. Likewise the officer being appraised did not know who his or her rater - raters were. There was little, if any, feedback - that is, to the individual being rated, Mr President.

Performance appraisal is now more formal and involves a setting of personal objectives, generally involving operational matters as well as personal conduct and involves validating performance against those objectives through counselling.

The appraisal or assessment, as it is now called, is now an open process. The raters discuss their assessments in order to achieve a consensual and therefore meaningful appraisal. The officer is aware who his or her raters are and is required to discuss his or her rating with their - with his or her divisional inspector. An officer can decline to endorse his or her rating and submit a written objection.

The Human Resources Branch vets ratings for consistency and integrity and require assessments to be clarified and reviewed. The branch's attention is generally focused on the rater's approach. Qualifying and development courses include segments on performance assessment."

Transcript p.1369/70

The Association claimed that the new system had an impact on the work of both assessees and assessors. It was useful in that it served -

(a) to identify and assist in the rectification of personal deficiencies in the training and development sense, and

(b) to identify skills and assess an individual's suitability for promotion.

Responsibility for performance assessment was now at Senior Constable instead of Sergeant level and all supervisors had "a bigger responsibility regarding performance assessments" than had been the case prior to 1988. (Transcript p.1370)

The Association claimed that the new system replaced the old "notion of advancement by seniority which had been the cornerstone of police service", and that it could not be regarded as "evolutionary". (Transcript p.2572)

It was contended by the employer that the changed performance assessment arrangements should not be regarded as a primary consideration of work value. It was submitted that the new arrangements -

(1) assisted supervisors in the normal performance of their functions as supervisors;

(2) it was evolutionary in that it was developed from the previous system which was in place in the 70s;

(3) that it addressed what were acknowledged to be deficiencies in the previous system;

(4) and it had been developed in line with contemporary management practice.

Changes were introduced to ensure that open communication and a positive approach was taken to improving an individual's career opportunities, and further, that this negated previous stress factors taken into account in the 1980 "stress case".

Performance assessment was seen to be a supervisory tool to identify performance strengths and weaknesses and the improved process had benefits for police officers in that it assisted them in their career development.

Finding:

The introduction of the new performance assessment process has the capacity to impact on the skill and responsibilities of both assessors and assessees. However I agree with the employer that the process should not be regarded as a significant consideration in this work value exercise.

3. POWERS AND RESPONSIBILITIES

The powers and responsibilities of Tasmania Police had increased since 1981 due largely, the Association said, to new and amended legislation, regulations and standing orders.

The Association listed the following Acts of Parliament for which Tasmania Police was directly responsible:

Police Regulation Act 1988
Criminal Code 1924
Police Offences Act 1935
Cruelty to Animals Prevention Act 1925
Marine Search and Rescue Act 1971
Crimes Investigation (Extra Territorial Offences) Act 1987
Road Safety (Alcohol and Drugs) Act 1970

A list of other pieces of legislation and their distribution amongst police personnel was submitted and is attached as Appendix 1 to this decision; it was not claimed to be exhaustive.

Major changes to police responsibilities during the 1980s in terms of legislation were said to be:

1. The incorporation of the Tasmanian Fisheries Department's Marine enforcement arm into Tasmania Police in 1985, thereby acquiring the majority of prosecutions under the Fisheries Act 1959. Whilst police had always had powers under the Fisheries Act, enforcement of the legislation had not been regarded as a police function.

2. The Criminal Code and the Police Offences Act were amended in 1990 to create specific offences for computer generated fraud.

3. The Criminal Code had been amended in the period under review in relation to sexual assault and other offences such as robbery, carnal knowledge and self defence provisions.

4. Amendments to the Justices Act 1959 in 1983 had led to an increase in the number of matters that could be finalised "in a lower jurisdiction".

Senior Sergeant Barrett testified that police prosecutors were required to prosecute more serious and complex cases in the Magistrates Court and typically these were more serious burglaries, fraud and false pretence charges which, prior to the amendment referred to above, would have been prosecuted by the Crown Law Department in the Supreme Court. These cases were being defended more vigorously as conviction could carry with it a jail sentence.

Somewhat conversely, in evidence, Superintendent Fielding stated that:

"Matters that go before the Supreme Court need more work and detail and need to be better prepared, than matters that are going on a simpler offence before a magistrate."

Transcript, p.194

5. The introduction of domestic restraint orders following amendment of the Justices Act in 1985.

6. The introduction in the 1980s of random breath testing powers by amendment to the Road Safety (Alcohol & Drugs) Act 1970, a reduction in the legal alcohol limit from 0.08 to 0.05 and medical checks for drivers suspected of being affected by alcohol and/or drugs. Further amendments in 1991 included the issue of infringement notices or on the spot fines at the police officer's discretion.

Zero blood alcohol levels for drivers of public vehicles and drivers with dangerous driving and manslaughter convictions relating to alcohol; extension of zero blood alcohol level to provisional drivers in their second and third year; compulsory blood testing at the police officer's discretion, reinforced by increased powers of arrest.

7. The Criminal Investigations (Extra Territorial Offences) Act 1987 conferred new powers on Tasmania Police and mirrored similar legislation in the Commonwealth, other States and the Northern Territory. Under this Act Tasmania Police were empowered "to seek and obtain search warrants for the purpose of looking for any object relevant to the investigation of an indictable offence against the law of the State in which the offence is alleged to have occurred." (Transcript p.1376)

The Act required Tasmania Police to comply with stringent arrangements in transferring objects obtained pursuant to the Act from Tasmania to the other State.

8. Other alleged areas of change included the Gun Control Act 1991, although not proclaimed at the time much of the evidence in this case was given, would require "all owners of firearms to be registered", and was "a completely new area of responsibility for Tasmania Police". Prior to this legislation the only registration requirement in Tasmania was for the owners of pistols. The new legislation would require the owners of all firearms to apply for registration at a police station and provide proof of identity and training in firearm use.

The Association claimed that:

"The introduction of the registration requirements will mean more responsibility for police, especially lower ranks who have to make decisions to issue licences. This type of decision was previously made at deputy commissioner level. In addition, there will be an increase in the workload and a necessity for police to have a knowledge of computers."

Transcript pp.1376/77

9. The Criminal Costs Act had been used increasingly during the 1980s by persons seeking costs against police for prosecutions. The Commission was told that police were now required to assess whether the costs of getting a matter to court were justified in terms of expense.

10. Tasmania Police had become responsible for dealing with offences involving the Commonwealth Bank since it had become a public company in 1991. Previously the Australian Federal Police had been responsible for matters involving the Bank.

11. As from 1 January 1992, Tasmania Police had become responsible for investigative work in relation to Telecom which previously had been an in-house function carried out in conjunction with the Australian Federal Police.

12. In 1990, pursuant to the Cash Transaction Reports Act 1987, a Cash Transaction Reports Agency (CTRA) had been established. The CTRA received reports for analysis on suspicious financial activities and major cash movements of amounts in excess of $10,000. The BCI was the point of referral for matters pertaining to Tasmania. It was submitted that access to CTRA's computer data base was restricted to authorised police officers in BCI who have been trained in the use of the system. Dependency on the preliminary investigation and analysis of a matter might be referred to an operational area such as Fraud or Drug Squads. The BCI continued to provide support functions to the investigation.

Standing Operational Procedures (SOPs) had been developed to facilitate the effective management of serious or complex incidents. The Association said:

"SOPs provide information which might otherwise be difficult to obtain, in a document which is readily accessible if the incident occurs. SOPs outline responsibilities, obligations, relationships, resources, functions, guidelines, communications and technical information and provide the framework to enable Tasmania Police to respond to the incident.

The Tasmania Police Major Incident SOPs, which were introduced in 1983, are designed specifically for terrorist incidents. However they can, with appropriate modification, be used to handle most serious or major incidents. They now form the basis for promotion examinations and, unless they are adhered to, coordination problems may arise with other involved government agencies. This has consequentially placed considerable responsibility on middle managers, that is inspectors and sergeants. .... In addition to the SOPs, Mr President, there's been recently introduced the violent incident management plan which covers the operation of the special operation group in relation to such incidents. Now that's, as I understand, been done this year."

Transcript p.1379

In general, the Association relied on the evidence of Superintendent Cashion, who said:

"... I can assure you that there is a lot of legislation that is made during the life of parliament; there is not a lot of repealing of legislation and whenever new legislation is brought into being, it is an added responsibility that law enforcement has."

Transcript pp.140/141

The employer submitted that the fact that legislation would change to meet emerging needs and societal changes was inevitable and submitted that this had been quite clearly acknowledged and reflected in "established pay rates" already contained in the Police Award. It was regarded as being neither a new nor a compelling factor. With regard to police responsibilities in respect of the Fisheries Act, it was argued that this had already been dealt with at the time the Sea Fisheries Inspectors were transferred to the Police Department in 1985. There had been no significant changes since that time.

The employer referred to the decision in Matter P.58 of 1976 which referred to some "18 pieces of legislation with which Constables must be acquainted". (Transcript p.2459)

Finding:

There can be no disputing the fact that legislation affecting the work of police is continually subject to change. However, the employer's view that the established pay rates for police recognise the changing nature of legislation is, in my view, somewhat simplistic. There have been significant changes to the powers and responsibilities of police and to the way they have to work as a result of certain pieces of legislation. In particular, amendments to the Justices Act affecting police prosecutors and all police involved in dealing with domestic restraint orders; and changes to the Road Safety (Alcohol and Drugs) Act 1970 are significant in affecting the work of police and, in my view, are work value considerations.

4. POLICE ACCOUNTABILITY

The Association submitted that Tasmania Police was more accountable to the general public and to the Government than had been the case in the past. Individual members were therefore more accountable to Tasmania Police management and were subject to stricter and more complex controls in the discharge of their duties and responsibilities. This increased level of accountability required police to acquire and exercise new skills.

The Association asserted:

"The new arrangements are a significant change in the conditions under which police work. They involve increased checks and balances and intensify the stress and pressure of the job."

Transcript p.1384

In support of the claim that police were now more accountable, the Association referred the Commission to the revised Internal Investigation procedures which had been introduced in 1990 and formally promulgated in May 1991.

It was said that a bigger range of complaints was required to be investigated which included anonymous and verbal, as well as written complaints. What previously had been regarded as a "local or domestic disciplinary matter" now had to be investigated in accordance with the new procedures. All officers against whom a complaint had been made must be interviewed.

The Association provided the following table detailing the changing nature of complaints:

"Table 5: Complaints Received and Investigated⁽¹⁾

(1) Source: Data provided by the Tasmanian Police Internal Investigation Unit. Data was not compiled pre 1984/85.

(2) The 1990/91 data is for the first 10 months of the financial year."

The following quote from Inspector Belbin's evidence was relied upon in explanation of the increase in the number of complaints:

"A number of complaints wouldn't have reached the commissioner's office in the past, they would have been resolved at a local level, and a number of very minor things would never have been taken as complaints, and the new procedures have changed that situation. And these new procedures will be largely responsible for the dramatic increase in the number of complaints. It isn't an increase in police misbehaviour; it's a change in the procedures."

Transcript p.756

It was claimed that the new procedures put the investigated officer under added stress and pressure for the duration of the investigation which could take many months. Under the new arrangements only the nature of the allegation was revealed and officers were not given as much opportunity as previously to prepare a response. Inspector Belbin said there had been a reduction of rights of accused police often leading to antagonism towards the investigating officers.

The Association submitted that there was a responsibility for police to perform to the standard required and that individual officers were held accountable for the actions or inactions through the internal investigation system.

Internal investigations methods had changed to the point that they were now more formal and thorough and included the supervision of those being investigated and the conduct of other officers involved. In that regard, Inspector Belbin said:

"... that there's a greater demand on supervisors to exercise a higher standard of supervision and take responsibility for all actions of subordinates and more carefully and skilfully train and instruct their subordinates in order not only to keep the subordinates out of trouble, but themselves as well."

Transcript p.760

Interviews were tape recorded and in more serious complaints video taped, in the same way that interviews of criminal suspects were done. The new arrangements required investigations to be conducted by the Internal Investigations Unit (IIU), or where authorised by the Deputy Commissioner, by an Inspector from another Division. Criminal or other serious allegations, e.g. death in custody, assault, corruption, perjury, etc., were investigated by the IIU or by detectives under the scrutiny of the officer-in-charge of IIU. These investigations might also involve the Department's Legal Officer and or the Director of Public Prosecutions.

The Ombudsman, in accordance with the Ombudsman Act 1978, was required to oversight all investigations of complaints against police and referred complaints to the IIU for attention. These referrals might not be investigated further by the Ombudsman unless the complainant expressed dissatisfaction with the result. The IIU's reports were also subject to review by the DPP at the discretion of the Commissioner of Police when a complaint concerned legal issues or criminal matters.

The Association submitted that the increased role of outside agencies, the Ombudsman and the Director of Public Prosecutions, meant

" ... firstly, the police are subject to much greater independent objective and systematic scrutiny; secondly, more complaints against police are investigated and complaints are investigated more thoroughly; thirdly, police standards and internal investigation procedures are more stringent and are clearly expressed in the new procedures and guidelines and better understood by members of the force."

Transcript p.1391

In cross examination related to the provision of files to complainants, Inspector Belbin said:

" ... I recognise the positive aspect of the changes; they're fairly drastic changes but police are a different group of people with a special duty to perform and they ought to be scrutinised probably more than normal members of the public."

Transcript p.783

The Association acknowledged those sentiments but argued that the special role of police should be reflected in the salaries of police.

The emergence during the 1980s of increased and better organised community groups was put forward as a factor affecting police accountability. It was submitted that these groups with their "well honed media and public relations skills" often put police under "intense scrutiny". (Transcript p.1392) This had added to the complexity of the "environment in which Tasmania Police work". Tasmania Police, it was said, had taken certain initiatives and measures "by way of response" which essentially involved "building bridges". It was claimed that these initiatives and measures "involve additional responsibilities and skills of Tasmania Police". (Transcript p.1392)

Dealing with the establishment of the Internal Investigation Unit, the employer submitted that by and large the intent and purpose of internal investigations had altered little in the period under review. Respect and trust of the public for police was influenced by the level of public confidence which a proper complaint process would engender. Against that police had to be protected from vexatious and malicious accusations to which their duties sometimes make them vulnerable.

The establishment of the Complaints Register in part to identify potential risk areas and to facilitate remedial action had to be viewed as being for the betterment of the police service. However, the employer considered that it was an initiative only and should be regarded as "a positive factor in improving the quality of employment and a negative factor for work value purposes." (Transcript p.2315)

In relation to the impact on morale and performance of officers, the employer said:

"Whilst we submit that there is in all likelihood an ever present consciousness by police of their potential vulnerability to alleged claims of excessive force nonetheless that should not detract from their responsibility of enforcement. What it may do is to raise this level of consciousness to provide for resorts (sic) of techniques which are less likely in a subjective sense to attract criticism whilst at the same time achieving the desired outcome albeit with a tempering of enthusiasm."

Transcript p.2316

and further:

"I presume there are certain circumstances (in which) officers having regard to the nature of the affray and in order to quell the affray, have on balance placed themselves in jeopardy in terms of public criticism ... of being able to achieve the desired enforcement of the law. I presume ... whose factors are taken into account at the internal investigations procedures. It is a difficult area."

Transcript p.2317

The employer conceded that police now were required to exercise more care in all of their duties and responsibilities.

It was submitted that the Association's claims that morale problems were created by members being identified and complaints coming to the attention of the Commissioner, and thereby jeopardising promotional opportunities, could only be regarded as a significant factor if the allegations were subsequently substantiated.

In relation to findings of investigation officers, the employer contended that the ultimate responsibility or accountability for recommendations was at a level higher than that of Senior Inspector. It was submitted that any antagonism between the investigator and the person under review was not a phenomenon directly created by the new procedures.

The employer considered the evidence submitted in relation to the impact of video recordings on internal investigations should not be counted for the purposes of this work value exercise and suggested that along with the issues of command and control, log-radio tapes, duty books, personal note books, bar books should be discounted as immaterial since they were sources of facts which were necessary to assist the investigative process. It was conceded that the introduction of "command and control" procedures might be an element of work value in relation to other aspects of this case.

The Aboriginal Community

A number of changes to procedures had been introduced during the 1980s in an effort to improve relations with the Aboriginal community some of which had predated the recommendations of the Royal Commission into Aboriginal Deaths in Custody. These included the "need for special diligence and precautions" when taking an Aboriginal into custody. Officers, by way of lectures, were made aware of the "dangers associated with having Aboriginals in custody". (Transcript p.1393)

Domestic Violence

As a major component of the Association's claims in respect of changed community expectations of police, the Association cited the changes which had occurred in respect of domestic violence which impacted on the work environment of police. Until the early 1980s it was submitted that police "had applied a non-intervention policy in dealing with domestic disturbance calls". This policy, it was said, had been reinforced by legal advice which suggested that "a police officer should not interfere in domestic arguments without good cause".

The 1980s was regarded as "a decade of fundamental community attitudinal change to domestic violence which in turn has changed Tasmania Police policy regarding domestic violence". (Transcript p.1395)

More specifically, in 1983 the Hobart Women's Shelter gained agreement from the Commissioner of Police that in future Tasmania Police would treat domestic assaults no differently from other assaults.

This was reflected in the first Domestic Violence Standing Order issued in 1985:

"The Hopcroft Inquiry on domestic violence in Tasmania in 1983 recommended a broad scheme of protective orders with immediate enforcement mechanisms and more appropriate sanctions - to clarify police powers in order that this can fulfil both their service role and their law enforcement role more effectively."

In 1985 the Justice Act 1959 was amended, it was said, to give effect to the key findings of the Hopcroft Inquiry and in 1988 police powers of arrest were strengthened and applications for restraint orders could be made to justices of the peace rather than to magistrates as had been required under the 1985 amendment.

As a result of further amendments in 1992, police had additional powers in relation to entry where they had reasonable grounds for believing that an offence had occurred or might occur. Police now had the power to arrest for the purpose of getting a restraint order issued. Interstate restraint orders could be registered and enforced in Tasmania.

It was claimed that a Domestic Crisis (Liaison) Training Course of 2 days had commenced in the mid 1980s (reduced from a one-week course) and that 16 district training officers and divisional liaison officers had been appointed. In addition, the subject was covered in the development courses conducted at the Academy. The Association submitted that no other policing area had received such attention.

The employer claimed that the changing role of police brought about by new legislation was an inherent factor in police work. The employer further said that police accountability or responsibility for domestic violence issues was in place prior to 1980, as was associated training, notwithstanding the changes to legislation and procedure.

Domestic violence was regarded seriously by the Police Department in the mid 70s and this was recognised by the establishment of a Family Crisis Intervention Course at the Police Academy in 1976/77, which was given to both recruits and in-service participants.

The employer said "that amongst the Uniform Branch and Traffic Uniform Branch the response to domestic calls ranked second only to road accident calls." (Transcript p.2383)

It was submitted that the issue of domestic violence had changed the role of police in that they were now directed to establish the facts as to whether a breach had occurred with lesser consideration being given to what could be described as "peripheral or ancillary or mitigating reasons".

The employer did not deny the responsibility of police in domestic violence issues, but maintained that there had been a shift from a maintenance of the peace role to one of enforcement, with assistance on the advisory and counselling functions from outside organisations.

The employer asserted that pre 1980 liaison had existed between the police and the Family Law Court in relation to the issue of Family Law Court Orders which were not to be confused with Domestic Restraint Orders.

It was suggested that the Family Law Court Orders created a "familiarity with the nature of orders emanating from other sources which imposed certain conditions upon certain people". (Transcript p.2415)

The employer contended that legislative changes in respect to powers of entry, powers of arrest, domestic restraint orders and other changes which had occurred in the review period in the area of domestic violence had acted to clarify, strengthen and improve the role of police in domestic violence situations. It was claimed that these factors, together with the establishment of the Crisis Intervention Unit, and the day to day role played by the Department of Community and Health Services had tended to relieve the burden on police by a sharing of responsibilities.

In respect of training, it was submitted that both before and after 1980 police had been fully equipped to appreciate, understand and act in relation to domestic violence incidents, and the impact of change brought about by legislation and procedural alterations had required "at best marginal changes in skill and knowledge acquisition". (Transcript p.2419)

Conservation Movement

The Association submitted that police in Tasmania had to develop strategies for handling major environmental demonstrations to overcome significant logistical and operational problems. These strategies had subsequently been adopted by other Australian Police Forces.

The Commission's attention was drawn to the evidence of Inspector M. Massie, which the Association considered reflected the increased accountability being imposed on police in conservation "protests or demonstrations". Particular concern was directed to the fact that public and media scrutiny of police action in these matters was of a very high level. When asked what it was that distinguished conservation demonstrations from the more normal search and rescue work, Inspector Massie replied:

"Well, I guess you know, in normal search and rescue work you're probably trying to assist someone who wants to be assisted whereas with demonstrators you're trying to maintain control to an extent that nobody becomes injured and people are sometimes out of control to some extent and certainly aren't working towards assisting you."

Transcript p.569

In relation to the conditions in which officers find themselves, Inspector Massie said:

"Well it's a fairly onerous responsibility. I know that they talk about the loneliness of command but I've never felt it more greatly than I have at St John Falls when you've got a vessel going through and a barge and you've got protesters trying to jump in the path of it. Being aware that if anyone was to be injured or killed, then that person would seem to be a martyr and the police officer in charge of that operation would seem to be the one that caused the death. So it's something that it's not an enviable situation to be in at all. So it places great deals of stress and responsibility on those officers."

Ibid.

The employer submitted that the only relevant change in this area was associated with the conditions under which the work was performed rather than any radical change to skills.

Corruption Inquiries

The Commission was told that during the early 1990s Tasmania Police had been involved in two major investigations concerning "corruption of public offices". These investigations involving political and public figures were complex and resource hungry and were required to be conducted with extreme confidentiality. The officers involved were "subject to intense media and political scrutiny" and were required to "effectively manage pressures and expectations which were often extreme and conflicting".

Corporate Planning

The introduction of corporate planning as a management tool was said to be a major change in the 1980s. It required police generally, and particularly managers and supervisors, "to be more strategic in their thinking and work". It also reflected "the general tightening up and management of the Force".

The employer held the view that corporate planning as a means of measuring performance of the organisation had been a feature of the Department's activities as evidenced by the 1974/75 Annual Report of the Commissioner, and that it was ongoing.

The employer rejected the Association's submission that a corporate plan for 1989/91 had been produced and officially put into place.

In a general sense the employer considered that corporate planning was a management tool and "not really a work value consideration". (Transcript p.2344)

Finding:

Of the features raised under the heading of Accountability, I accept -

(a) that, as a result of increased public awareness and pressure and the development of new internal investigation procedures, police generally have to exercise more care in carrying out their duties than was the case prior to the 1980s, although it would be reasonable to assume that due care was always taken, and

(b) that changes in respect of work in the area of domestic violence have been substantial.

I am satisfied that these factors are significant work value considerations. However, I find it difficult, on the material provided, to attribute any significant change in work value in work associated with the aboriginal community, dealing with protests and demonstrations, corruption enquiries or corporate planning. I consider these factors to be normal extensions of the work of police which involve no new skills. I agree with the employer, in respect of the sub-heading of Conservation Movement, that the only relevant change in that area is in respect of the conditions under which the work is performed. I am not disposed to determine any additional work value to this activity.

5. METHODS

The Association categorised police methods as either reactive or proactive, the latter including community policing, and claimed that changes in police methodology had impacted across all areas of policing. These changes required the acquisition of new skills, added responsibilities and affected the conditions under which police worked.

Changes in the traditional reactive police methods of detection, apprehension, charging and prosecuting of offenders were dealt with in detail and are summarised below. It will be noted, and it was acknowledged, that there was some blurring between the reactive and proactive methods.

Random breath testing

Random breath testing (RBT) commenced in 1983, following 1982 amendments to the Road Safety (Alcohol and Drugs) Act 1970, which placed more responsibility on approved operators of the RBT equipment in that "they were required to do random tests, arrange blood tests, calibrate and operate machines". (Transcript p.1404) The limit was also reduced from .08 to .05.

The extension of electronic breath testers throughout Tasmania Police was said to have increased accountability and created additional duties concerning maintenance, calibration and security.

The introduction of mobile breath analysis units (booze buses) in 1984 and mini booze buses in 1990 had also affected the way police had to operate. In 1991 operators of breath analysis units were given the power, by legislation, to issue "infringement notices" if a driver charged with exceeding 0.05 was under 0.1. The Commission was told that a driver issued with an infringement notice was not required to attend court. However, amongst other things, police had to determine whether the driver had no prior offences under the Act, was not driving a certain type of vehicle, or was not a provisional driver. The Association submitted this involved new skills in using the computer system which was available to mobile patrols. Prior to 1991 police did not have the power to arrest persons for refusing breath analysis or to require a blood test in lieu of a breath test for a driver involved in an injury accident.

With the introduction of mobile breath testing units, police worked with autonomy at the sites selected including the conduct of "breath analysis tests on site and (may) charge and bail people without the necessity of taking them to a police station". (Transcript p.30, Inspector Johns)

Inspector Johns said training and retraining on new equipment had been a feature of the 1980s. There were in excess of 130 officers of all ranks qualified as breath analysis operators. Approximately 350 breath testing instruments were distributed throughout the state; they were used by traffic police and uniform police.

The employer submitted that the creation of a Breath Analysis Section as a mobile charge room did little to add to the work value of police, but should be regarded as being operationally beneficial by enabling breath analysis testing and charges to be made "on site". This process had not changed, nor had the skills required to perform the work.

The employer submitted that the principles of breath testing and breath analysis have remained fairly constant in the period under review. There was no dramatic change in respect to the old and the new equipment.

The evidence, in the employer's opinion, was not so compelling as to conclude that the change in the work of breath analysis operators could result in a "positive and measurable work value finding". (Transcript p.2214)

In respect of the need to conduct on-the-spot checking of licenses and other details, the employer submitted that such a requirement was an extension of the basic function of securing information.

Radar Speed Detecting Equipment

It was submitted that radar speed detection, which complemented the amphometer, was a new technique involving new skills and standards. Since iho introduction "around the 80s" its use had increased significantly.

Two types of radar speed detection devices were used. These were:

(a) radar speed guns of which there were twenty-nine distributed around the state. They were easily transportable unlike the old amphometer; and

(b) mobile radar units. There were five units in the state; they were fitted to highway patrol vehicles.

Training in the operation of both types of units was mandatory and to an Australian standard. Magistrates would not accept the evidence of operators unless they were qualified to that standard. Training comprised a two-day theory and 14-day practical course, a theory examination and practical experience. The Association made the point that this type of training was not necessary for the amphometer equipment used prior to the introduction of radar equipment.

The Association submitted that in the period under review, the "intensification of Tasmania Police's traffic policing effort had produced positive results". (Transcript p.1407)

Statistics were produced to show the decline in road fatalities and fatal crashes since the introduction of random breath testing in 1983.

The employer submitted that radar speed guns were introduced to Tasmania Police in 1977 and the quality and accuracy of radar speed detection equipment had been improved since that time. However, the transition from the old equipment to the modernised replacements reflected no significant increase in the skill of the operator.

Marine Policing

In introducing this component of change which occurred in 1985, the Association said:

"The transfer of the former Sea Fisheries officers and their responsibilities under the Tasmanian Sea Fisheries Act and various Commonwealth Acts including the Commonwealth Fisheries Act, Commonwealth Crimes Act, Commonwealth Parks and Wildlife Act, Commonwealth Shelf Living Natural Resources Act and various other acts required Tasmania Police to take over the role of the sea fisheries officers. Most of these officers have left the service. Police who now provide this service have been required to acquire additional skills and qualifications in respect of coastal craft. For example, boat handling, navigation, radio communication and in the Sea Fisheries legislation."

Transcript p.1409

Inspector R. Massie described how the Department had embarked on and continued with a process of encouraging officers "stationed in coastal areas to become more involved in fisheries protection and started a training scheme in which (the Department) trained probably a dozen or fourteen officers a year that previously had not had an involvement with fisheries enforcement matters." (Transcript p.76)

Since 1987 the State's responsibility for coastal waters had been extended from 3 miles offshore up to 20 miles offshore in some areas.

The Association claimed that:

"Traditional fisheries in Tasmania have come under ever increasing pressure by both recreational and comercial fishermen with more people seeking a share of what is commonly perceived as being a diminishing resource. As a consequence, Marine Division officers have had to work particularly hard in an often hostile environment to avert conflict between commercial and recreational fishermen."

Transcript p.1410

and further that:

"Recreational fishermen are using increasingly sophisticated equipment. For example, echo sounders are encroaching into commercial fisheries further offshore."

Ibid.

As an example of the problems created by this conflict, Inspector Massie said:

"Well, if they are not handled properly and if the community are not satisfied with the results of our actions it often leads to people taking vigilante type action, which is undesirable, and in recent years we have had two or three incidents out of Pirates Bay where shots have been fired from - allegedly fired from commercial fishing vessels into or across the bows of recreational fishing boats. A number of persons have been charged over those incidents. But, if we cannot satisfy the community that we are on top of the job, this kind of vigilante type action is more likely to occur than would if we can keep on top of the situation."

Transcript p.82

The Association submitted that Marine Division officers had to ensure the continued viability of the traditional fisheries, and also had to deal with significant new areas of responsibility.

The aquaculture industry had expanded rapidly in the 1980s and increasingly had become the target for thefts of valuable fish from fish farms and oyster leases. There were "thoroughfare disputes" between fish farmers and recreational fishermen resulting in complaints from the general public.

The South East Trawl Fishery, a new area, including the discovery of large quantities of Orange Roughy and the development of the Tuna Fishery had expanded rapidly, resulting in the need to develop new skills and practices. In respect of the South East Trawl Fishery, Inspector Massie said that his officers had to develop new skills in "global positioning systems, radar operation, automatic chart plotters (and) satellite chart plotters." (Transcript p.85)

The newly discovered scallop beds in Bass Strait required intensive patrolling to minimise over-quota fishing. Interstate operators were increasingly fishing in Tasmanian waters. According to Inspector Massie, interstate operators were taking advantage of the smaller size requirements for rock lobster in South Australia which he said had "created a significant problem for us, particularly in the last two or three years." (Transcript p.75)

He said operators with large vessels had the capacity to fish further off the West Coast, operate at night and, by the use of modern navigational equipment, secrete pots of illegal lobster, without any obvious markers, and retrieve them when wanted.

Professional poaching had become a "big money operation" and professional poachers were "prepared to buy good equipment in order to beat the system". (Inspector Massie, p.90). Poachers were known "to charter light aircraft, ... use inflatable dinghies and runabouts and abandon them if it means escaping detection ... and they use radio scanners." (Ibid.)

In response to activities of "hard-core poachers", Inspector Massie said the Division "had to use undercover vehicles, undercover vessels ... and put our operators, our officers, in plain clothes in many instances, and they'll spend quite some days in keeping a suspect under surveillance before they move to intercept them on a particular job." (Transcript p.89)

The policing of the quota system was said to be "a fairly time consuming and complex auditing-type system, as distinct from a traditional fisheries inspection role." (Transcript p.84)

The Association submitted that fisheries protection now involved police generally because of the responsibility to enforce the Fisheries Regulations, which was a new responsibility for such officers since 1985.

In respect of abalone, Inspector Massie said:

"Unscrupulous processors will encourage ... unscrupulous divers to harvest more than they are entitled to and it requires our people to be very vigilant in order to minimise this over-quota fishing ..."

and he added -

" ... and a number of other fisheries have gone along the same lines."

Transcript p.79

The Association submitted:

"In 6 years Tasmania Police have developed its skills and expertise to provide a comprehensive and versatile marine enforcement service, and has been instrumental in changing community attitudes. Whereas members of the fishing community were once content to sanction or turn a blind eye to the taking of undersized and out of season fish, the division's activities have contributed to the professional and recreational fishing associations regarding this as unacceptable behaviour, and undermining the viability of the fisheries. This has been a significant achievement, but has meant that Tasmania Police now deals with the more intractable problem - the hard core criminal element. The growth of the industry has attracted increased criminal activity."

Transcript p.1414

The employer submitted that when the responsibility for sea fisheries work had been transferred to Tasmania Police, Fisheries Inspectors who previously had been performing the work, were also transferred and classified in accordance with the Police Award. Therefore the fact that police had been allocated a new function was not something which should be taken into account for work value purposes. However the employer acknowledged that the Association basically had referred to changes in work which had occurred since 1985.

The employer did not accept that information regarding the expanding scallop beds was a work value consideration and referred to reports regarding the management of scallop fishing dating back to the 1940s. The extension of fish farming was accepted as being a new area as also was the change in marine prosecutions, although this was considered to affect mainly the Prosecutions Branch.

Video Taping of Interviews

The Association submitted that video recording of interviews commenced on a trial basis in the Southern District on 1 August 1988. The trial concluded twelve months later and video recording of interviews was extended to the Northern and North Western Districts. It was said that Tasmania Police was the first Australian police force to adopt video recording across the board as the routine interviewing method. It was contended that the quality of police interviewing generally had improved as a result. However that method had not replaced traditional oral/written interviews. The Commission was told that video taping had been accepted by the courts as the best evidence.

Since November 1991 all interviews by Tasmania Police acting under Commonwealth Law have had to be tape recorded. This arrangement was said to affect Detectives predominantly, but anyone conducting an interview was required to record it "electronically". Interviews were conducted by all ranks up to and including Inspector.

In evidence, Inspector Fielding had this to say in response to a question about which ranks were involved in video taping of interviews:

"Well, it started off with those that had been to a seminar in relation to it, and the more experienced detectives, but now all detectives and uniformed personnel are expected to be able to interview people on the video."

Transcript, p.198

Further, when asked what was different between video recording of interviews and the traditional oral interviewing techniques, he said:

"Probably oral is not a very good way of putting it. It would be better to say from the written or typed procedures, where you weren't perhaps required to be as well prepared when you sat down to do your interview. We always taught people, amongst other things, to have their points of proof, and the basic facts, etc., and the area they were going to proceed along in front of them, because you had time during the interview between the asking of a question and the typing of it, the answering and the typing of the answer, to look where you were going, so to speak. Now with the video interviewing it is the same as we are here now. Everything is spontaneous so, therefore, you have got to be far better prepared for your interview, not only in the questions that you are going to ask, or you anticipate asking, but you have also got to be conscious of your demeanour, of just little things like speaking clearly, showing documents in such a position that the camera can pick them up and clearly identify them. There's a whole different group of techniques that you must now know that you need to apply for video."

Ibid.

When asked whether those techniques involved the exercise of additional skills, he said:

"Oh, yes. I think it would be fair to say that having experienced the video interviewing myself, I was very conscious of the fact on my first occasion that there was a camera there, and I think I was probably a little more nervous, but I was also conscious of needing to be far better prepared, needing to present the correct image, so to speak, to the camera because I knew that it would be looked at later; whereas when you are typing something down it's not quite as critical as to how you speak or how you present yourself as it is with the camera."

Transcript pp.198/9

The Association claimed that video recording had increased the "work value" and the efficiency and effectiveness of Tasmania Police. Formal interview time had been cut, making more time available for investigation work, although interview preparation had become more extensive and required more thoroughness. Complaints against police of alleged "verballing" and brutality had been reduced.

Officers attending the Criminal Investigation course at the Police Academy were trained in interrogation techniques and procedures using video recording. On-the-job training was also provided.

Video interviewing was claimed to cut the time between arrest and trial and to save court time because guilty pleas had increased.

However, it was alleged that "suspects and offenders are now developing new means to combat the effectiveness of video (interviews), for example, suspects make confessions prior to being asked to participate in a video interview and subsequently dispute the confession." (Transcript p.1418) There was also a growing tendency to refuse a video interview on advice from legal counsel.

In relation to this matter, the employer said:

"Conduct of video and audio interviews is a matter which clearly represents a change from the traditional methods of interviewing which characterised this aspect of police work up until the late 1980s. The conduct of interviews via this new medium has required police to ensure that greater attention is paid to preparatory work in order to fully optimise the available interview time. It further requires that interviewing officers be more conscious of their demeanour in the actual interview process."

Transcript p.2511

The benefits to police which video taping provided, such as a "dramatic increase in pleas of guilty, and a 10% cut in the number of criminal trials", were said to be in addition to the belief that video recordings of interviews reduced the potential for complaints against police. It was submitted that accordingly the stress factor which the Association believed was inherent in video recording of interviews, was reduced or removed.

DNA Testing

The Association claimed that DNA testing of suspects was an investigative technique introduced in 1988. Strict procedures had to be followed to ensure the admission of DNA evidence and the protection of suspects' rights. It was necessary for the crime scene to be secured and protected so that there could be no contamination of any evidence. DNA testing could be requested and obtained by all ranks, but had been "confined to homicides, serious assaults and rapes." (Transcript p.1420)

Computerised Finger Print Systems

The National Automatic Fingerprint Identification System (NAFIS) introduced in the early 1990s, had enhanced the cataloguing and retrieval of fingerprints. The Association said that all Tasmanian fingerprints are entered on the new computerised system which is an on-line computer data base linked to all Australian police forces. The Commission was told that more care was taken at the crime scene to identify and preserve fingerprints as the new system enhanced the capacity to match prints. The system was a much more powerful investigative tool than the old system it replaced.

The employer made no comment about NAFIS but held the view that the work of the Scientific Section, which was responsible for the computerised fingerprint system, had been dealt with by the Commission in Matter T238 of 1985.

Computerisation of Criminal Histories

The Association contended criminal histories had been developed as part of the National Exchange of Police Information (NEPI), a national on-line program for data exchange covering criminal records, missing persons and stolen motor vehicles.

Time Limits on Interviews

Tasmania Police were now subject to two new standards in respect of time limits on interviews, both of which the Association asserted "occurred during the 1980s and were more strict and constraining on police." (Transcript p.1421)

Prior to 1986 the usual practice was to take a person who had been charged with a crime before the court as soon as practicable after all the interrogation and/or investigation had been completed. Following a 1986 High Court decision in what was referred to as the Williams Case (Raymond George Williams v. The Queen), Tasmania Police, on advice of the Director of Public Prosecutions, was required to change its procedures to ensure that a suspect, once arrested, was taken before the court as soon as practicable. In addition, once taken before a court it was asserted that police were not permitted to continue the interrogation.

The second change involved a 1991 amendment to the Crimes (Investigation of Commonwealth Offences) Act of the Commonwealth which required a time limit of 4 hours generally, and 2 hours for Aborigines and Torres Strait Islanders, for the interview of criminal suspects offending against Federal laws.

These changes were said to dramatically affect the work of police; under the Federal legislation officers failing to comply were subject to penalty (imprisonment and fines). In addition, the different time limits in the federal and state laws created a complex situation where such federal and state laws were capable of being applied in respect of an offence.

The employer submitted that the imposition of time limits on police to proceed to charge did not materially change the manner in which the evidence had to be secured. It simply meant there was now a greater emphasis on the requirement to obtain satisfactory evidence prior to the conduct of the interview to ensure that the person could appear before the next convenient court sitting.

The employer submitted that the introduction of time limits created a more structured and regulated approach in which police must provide results. They must procure the evidence in a shorter time period than previously once they had the person before them.

Domestic Violence

Further to previous submissions on domestic violence, the Association claimed that during the 1980s Tasmania Police methods changed from being essentially non-interventionist to active intervention including provision of counselling, mediation from the Crisis Intervention Unit, laying of assault charges and issuing of domestic restraint orders. The paper work associated with domestic restraint orders was time consuming and "complicated unless people have been trained in it." It was asserted also that the knowledge and skills required to deal with domestic violence incidents had increased and that there was "more scrutiny" of police action and "many groups of people ... want to talk to the police about domestic violence."

A further point made was that most domestic violence incidents were "attended at night and that night patrols (were) more likely to be one person than day time patrols" which, in the view of the Association, made the handling of these incidents "an even more onerous task". (Transcript p.1426)

Arming of Police

The Association submitted that since October 1981 Tasmania Police had been required to carry a firearm; prior to that date the carrying of a firearm was largely voluntary; it was mandatory only for certain night shifts and escorts. This was said to affect approximately 70% of police, all operational police meaning most constables and senior constables.

At the time of introduction of the requirement to carry a firearm, training was mainly to familiarise officers with the use of the weapon and involved no proficiency standards. However, firearm training had been the subject of a major review in 1990, both in the State and nationally. The Commission was told that Tasmania Police firearm training was now consistent with the minimum standards of the National Police Research Unit Report. Firearm training had been significantly upgraded in the following areas:

1. Firearm training had been formalised and a comprehensive training manual applied.

2. Recruits were required to attain a qualifying standard which, for operational police, must be maintained annually. The standard was 80% accuracy with misses counting as a minus.

3. The training format had been extended to include moving life-size targets, day/night exercises and varying noise levels.

4. Firearm training was continued throughout the recruit course and had been included in all personnel development courses over three weeks duration.

5. Recruits and operational police who did not achieve the qualifying standard after remedial training were placed in non-operational areas and not issued with a firearm. This was referred to as meaning that officers could be stood down from operational duty.

6. "Train the trainer" courses had been conducted since 1990 to enable updating and certification to be carried out at ranges in the districts rather than at the Academy.

The Association considered that given the previous inadequate standards, there had been a clear improvement in pistol skills generally.

Long Batons

Long batons were being introduced gradually after being trialled in Burnie in 1990. They were being used by selected mobile patrol units in all districts.

The Association submitted that:

"Long batons are regarded as an intermediate defence weapon, to fill the void between weaponless control and firearms. They provide an officer with a weapon to apply force over and above empty handed defence techniques. As such, officers now have greater discretion on the degree of force to be applied in a situation. Long batons are a powerful weapon and officers must be careful to control their emotional responses and to retain a cool head."

Transcript p.1429

Officers were being provided with training in the skills and responsibilities in the use of the long baton which covered:

(a) its purposes;

(b) the provisions of Standing Orders in respect of its use;

(c) the importance of verbal communication in conjunction with the use of the long baton;

(d) the identification of primary, secondary and non-strike areas;

(e) basic body movement and distance awareness; and

(f) basic strike techniques.

The Association referred to Superintendent Chugg's evidence on long batons during which he claimed that the use of long batons required officers to possess additional skills, not only the physical skills of how and where to use them, and where to strike, but skills of judgement as to when they should use the long baton.

The employer submitted that the replacement of short batons by long batons involved a change only in technique of officers using the batons. It was claimed that skills associated with the use of short batons were replaced by skills attaching to the use of long batons.

The use of either baton was undertaken in a relatively controlled environment "by reference to techniques, coupled with the knowledge of the effeOciveness and the optimum use" of the equipment. The introduction of the long baton had a beneficial effect on the operational functions of police and to the extent that it minimised risk, it counter balanced any claim for work value increase by way of revised technique.

Search and Rescue

The services of the Search and Rescue Division were said to have been increasingly sought during the 1980s "reflecting the growing popularity of wilderness-based tourism and outdoor recreation. The Division is involved in all aspects of inland and maritime search and rescue and the range of work has increased." (Transcript p.1430)

The Association claimed that the inherent danger of search and rescue had required extensive training and refresher training. Many members of Tasmania Police were deployed on search and rescue on an "as required" basis to complement the Division's full-time members.

Since the mid 80s the Division was said to have developed "the capacity to respond to any situation in the wilderness at any time and in any weather." (Transcript p.1430). Prior to this, the Commission was told, land searches commenced at daylight. Reference was made to the increase in "adventure tourism" in the period under review.

Six staff of the Division were "qualified helicopter winchmen", a "highly skilled and demanding job".

The Association submitted that:

"With the increase in wilderness based tourism helicopter operations are rapidly growing in numbers and complexity. Training for crewmen is formal, frequent, and to Civil Aviation Authority standards."

Transcript p.1431

The Division was responsible for rescues in caves and on cliffs and officers of the Division instructed other services on "vertical rescue" and were members of a national committee which produced an Emergency Services Vertical Rescue Manual.

The Association said that officers of the Division were formally trained in search co-ordination - a new requirement of the 1980s. It relied also on the evidence of Inspector M. Massie that since the mid 1980s greater emphasis had been put on training and fitness which improved the Division's capability to respond.

During the 1980s there had been changes in base training, technical skills, wintercraft training (which was new to the 1980s). The Association claimed that there was a move toward common Australia-wide training and accreditation for search and rescue work where previously there had been no consistency between the States.

In respect of diving tasks, it was submitted that the introduction of Australian Standard 2299 in the late 80s had meant a greater level of training, and operational management was compulsory.

In the period under review Tasmania Police was said to have become responsible for the rescue of any persons involved in an aircraft crash in the sea at Hobart Airport. Police officers were said to be the "drop masters on Civil Aviation Authority rescues" and that certain Australian Maritime Safety Authority responsibilities had been "transferred to police in connection with maritime searches."

The Association considered that search and rescue was "often very stressful and high pressure work" and "the media's quick and intense interest in search and rescue (put) officers under added pressure and stress". (Transcript p.1432)

The employer submitted that recruits to the Search and Rescue Division's activities were required to demonstrate basic skills and knowledge at the recruit training course which was little different in 1990 to the content of the 1979 course.

The Commission was informed that control and administration of the State's emergency helicopter service had been transferred from the State Emergency Services and the Transport Commission to the Police Department on 23 April 1980, not the early 1980s as conveyed by Inspector Massie in evidence.

The employer acknowledged the winch operating functions carried out by police crew members on the helicopter and the emergence of new facets of Search and Rescue operations which had evolved during the 80s.

In respect of the helicopter winch personnel, the employer referred to the fact that only six operational police Search and Rescue members were trained in that role and all the other changes generally had been brought about by the emergence of new or updated equipment.

The employer's submission was fundamentally directed to the belief that the skills necessary to perform specialist activities of Search and Rescue were held by only a limited number of personnel and that the equipment with which Search and Rescue personnel were required to function was superior to that used prior to 1980 and therefore made the task simpler. Any concern which officers may have had about increased accountability caused by the public scrutiny of their activities was covered under the general need for police at all times to exercise a duty of care.

The attainment of a high level of personal fitness was regarded as being in the best interests of the individual not only for the purpose of performing Search and Rescue duties with a greater level of proficiency, but in order to carry out normal policing duties.

Confessional Statements

The Association claimed that as a result of a High Court decision in March 1991 in a matter referred to as the McKinney and Judge Case (V.P. McKinney v. The Queen and M.A. Judge v. The Queen) police were required to be aware of the shortcomings of confessional evidence which was not "reliably corroborated". Police were required to be more careful and diligent in interviewing suspects and taking statements for evidentiary purposes.

Greater onus was now said to be on the investigation of crimes prior to the interview of suspects and the need to record interviews in audio or video form. Failure to do so where there was a challenge would result, it was claimed, in a strong warning from a judge to a jury to regard the evidence of police as "inherently unreliable".

As with the time limits on interviews, the employer considered that the McKinney and Judge case did not materially change the fundamental requirement for police to secure sufficient accurate material on which to arrest and charge.

Whether the individual agreed to a video interview or not was not seen as affecting the general requirement of detectives to obtain "sufficient accurate evidence".

Emergencies

Superintendents Cashion and Chugg gave evidence on the role of police in the event of a declared emergency or disaster pursuant to the provisions of the Emergency Services Act 1976.

The Commission was told that the police role in this area had increased during the 1980s with plans being required to be prepared for all municipalities, a task which involved the local police. The plans covered such things as floods, fires, high winds, environmental issues and "anything that poses a significant danger to the public could well be declared an emergency incident," said Superintendent Cashion. (Transcript p.128)

Police were required to be familiar with the local disaster plans and the local police superintendent became the disaster controller.

In addition it was claimed that superintendents had an additional responsibility to declare "a significant event" pursuant to a disaster plan and coordinate the management of that significant event.

The employer contended that the role of police in disaster planning, management and operations was in evidence prior to 1980.

It was submitted that revisions to previous plans reflected "contemporary thinking on approaches to disaster management and control". Operationally there was little if any change in the "pre existing role" of the senior police officers.

Bureau of Criminal Intelligence (BCI)

The Bureau of Criminal Intelligence was established in March 1982 following the formation of the Australian Bureau of Criminal Intelligence (ABCI) in February 1981. The Commission was told that the BCI's main functions were criminal intelligence gathering, analysis and dissemination, provision of support to crime investigations and physical and technical surveillance for Tasmania Police and ABCI. Prior to 1982, the Association said, there had been no systematic approach to intelligence gathering and analysis and no specialist training in Tasmania. Surveillance activities prior to the datum point were said to be "watching" operations rather than "coordinated surveillance" operations.

The Commission was informed that there were seven officers in the charge of a Detective Inspector in the Bureau. Members of the BCI had to be qualified criminal intelligence analysts on transfer to the Bureau, or had to be "prepared to undergo the analysts' course at the first available opportunity." (Transcript p.1449)

The Association submitted that since 1985 training had been provided at the Police Academy, in a two-week course, by instructors who had completed the National Criminal Intelligence Instructor's Course. The training comprised "computer data bases, technical equipment used in surveillance, criminal intelligence analysis techniques, physical surveillance techniques, technical surveillance techniques and the Australian Criminal Intelligence Data Base (ACID)." (Transcript, p.1449)

Some members of the BCI, the Commission was told, had been trained in the installation and modification of electronic surveillance equipment, for example cameras, audio and video equipment.

Members of the BCI regularly lectured at the Police Academy on the role and function of the Bureau. The Association stated that when the BCI was first set up it had one computer data base which was linked to the ABCI. Since 1985 the BCI personnel had been provided access to the Australian Federal Police Intelligence system; the New South Wales criminal intelligence and records areas, traffic records, the road transport data base for licences and car registrations; the Victorian criminal records and road transport areas; the Cash Transactions Report Agency; the Queensland road transport data base and ACID. Officers were trained in all systems which included input and retrieval from ACID.

The Association submitted that the emphasis on criminal intelligence was "clearly attributable to the changing nature of the criminal and crime." (Transcript p.1450)

Senior Sergeant Paton said in evidence that the increased intelligence gathering capacity was necessary because there was "a lot more mobility with criminals, especially the organised area, between Tasmania and the mainland." (Transcript p.358)

The BCI was said to be "more accountable in relation to gathering, storing and dissemination of information". (Transcript p.2616)

The employer submitted that the work of the BCI had been addressed in Matter T238 of 1985 when it was part of the CIB.

In particular, surveillance courses had been conducted at the Academy in 1985 and it was therefore argued that surveillance was not a new function for police in the period under review. The major shift, it was submitted, was that BCI officers had become involved on a full-time basis.

In relation to the access to ABCI data bases, the employer submitted that the processes had not changed as to input or retrieval, but the information source had widened to provide an expanded potential for intelligence gathering. It was further submitted that BCI analysis officers had operated on the ABCI data bases, such as INTEL 1.5 and INTEL 2, which were on line in 1982 and 1984 respectively.

BCI was recognised as having to be aware of legislative change governing the manner in which they operated, both in respect of federal freedom of information and privacy requirements, and the State's freedom of information legislation, but that BCI was not immune from having to adjust its activities for legislative change and this was not regarded as being a work value factor.

Standing Advisory Committee on Commonwealth State Cooperation for Protection against Violence (SACPAV) including related groups

The Commission was told that SACPAV was an arrangement by which the Commonwealth and States were able to work together to respond to terrorist incidents. It met for the first time in 1979. It took until 1982 to commence operating and became fully effective in the middle 80s.

Superintendent Fogarty, who gave evidence in respect of SACPAV, addressed the need for national standards; the need for "interchangeability of personnel" between the States; and the importance of SACPAV in relation to major operations including Heads of Government Conferences and sporting events such as the Commonwealth Games.

SACPAV conducted national courses in which approximately 15 to 20 Tasmanian officers participated each year. Participants came from all ranks and on their return to the State they were required to take on a training role to pass on the skills they had acquired. At June 1992, 107 officers were directly involved, on a part-time basis, in SACPAV groups such as hostage negotiation, the technical unit, bomb response, intelligence, and special operations.

However, Superintendent Fogarty said:

"Everybody has an involvement with SACPAV at one stage or another. Part of the promotion examination incorporates the national anti-terrorist plan and the SACPAV arrangements. Now that's part of the curriculum for a promotion, so anybody that goes for a promotion has to have some involvement with SACPAV and an understanding of SACPAV in order to pass that examination."

Transcript p.979

The Commission was told that SACPAV components were introduced into promotional courses in 1986.

Superintendent Fogarty also said in evidence that SACPAV training was of benefit in the normal police environment.

Training in and knowledge of national and international trends and methods was obtained by travel overseas to attend courses in, for example, hostage negotiation and bomb response; and by bringing overseas experts to Australia for conferences and courses.

In relation to the comparison between the skill levels of part-time SACPAV members in Tasmania Police and those of their full-time mainland counterparts, Superintendent Fogarty conceded that certain skills would fall off without full-time training and that the response time of a full-time group would be marginally better. He added:

"But in the long term, I don't think that any of the other states, SOG or Bomb Response Group, or hostage negotiators are better or more skilful than ours. I think that the mere fact of the commitment that those fellows have, or people have, to the tasks ensures that those skill levels are maintained."

Transcript p.1017

Superintendent Fogarty stressed there was a commitment from officers to obtain and maintain their skills, but to achieve the highest level they should be training full-time, the cost of which however was prohibitive.

Special Operations Group (SOG)

The Association submitted that the SOG was a highly specialist group consisting of 30 officers on a part-time basis, to be deployed as required. It was comprised of officers from all ranks up to Inspector. The SOG was established in the 1970s; however, the Commission was told there had been an expansion of its activities and the introduction of a higher standard of training during the 1980s.

SOG work was inherently dangerous and attracted considerable public attention. "Therefore," the Association said, "the accountability of these officers was particularly high". (Transcript p.1440)

According to the Association the SOG had been subjected to a dramatic change in philosophy and training from 1983 when the Special Air Service had been brought in under the auspices of SACPAV to provide counter-terrorist training, which brought members up to what was referred to as "emergency action stage". That type of training continued until 1989 when the training model which had been used, which was a military model based on the "maximum use of force", was deemed inappropriate for police use and was replaced by one which was more appropriate for the domestic role of the SOG. This was described by Sergeant Dyson as being a "judicious use of force bearing in mind the law as it stands in Tasmania." (Transcript p.466)

Between 1983 to 1989 all training was counter terrorist; since 1989 Sergeant Dyson said the group trained "for specific incidents, universally known as scenario training, which is most appropriate to special operations theatre." (Transcript p.470) He said that from 1989, SOG members had been expected to "study and know better than (the) average (the) policy and procedures of the Police Department, the law as regards the use of force, they must understand the law in regard to criminal responsibility so that they can not only justify their actions but act in an appropriate manner". (Transcript p.471) And further, that this training had been instigated because:

"We felt that the majority of members didn't understand their responsibilities, their liabilities and that if they aren't aware of those issues they are going to act inappropriately and some unlawful action will take place. That's not good for us and not for the people we're trying to protect."

Transcript p.471

The Association referred to the increased level of physical fitness required of SOG members which, since 1991, was monitored by the Academy's physical education professor. It was submitted that a below average level could result in removal from the Group.

The Commission was told that all SOG members were required to be skilled in the use and care of all SOG's equipment which, it was noted, included weapons, telescopic sights, night vision equipment, surveillance kits, etc. which, because of their sophistication and cost, placed great responsibility and accountability on SOG members.

SOG members were required to train two days per month with a 12-day course in one month, and 4 to 6 days for national exercises and development courses each year.

In cross examination Sergeant Dyson maintained that a higher standard was expected of SOG members now than had been expected of the earlier Armed Offenders Squad which had been the subject of the 1976 work value case conducted by Commissioner Koerbin of the Public Service Board.

The SOG Commander was said to delegate planning, administrative and operational responsibilities which in turn, where necessary, were delegated to team leaders, particularly in the operational area.

Sergeant Dyson said:

"Now each of those team leaders has to go away, examine the plans and so on and come back with how his team will respond to that particular threat or that particular problem. So in the finish what you have coming up to the SOG commander is a total package put together by people who know the people - they know the people they're working with, they know the resources that they have, they know the skill of each individual. It's taken away from the man right at the top who has all these other problems, taking away from the problem of having to look at ground issues and each of the people that are tasked with those responsibilities of course have the responsibility to provide accurate information and correct tactics."

Transcript p.468

The Association informed the Commission that the SOG required a high standard of performance and conduct and if members breached safety requirements they were excluded from the Group. Probation for members was introduced in 1991. SOG members were not deployed tactically until the end of the probationary period which was 12 months.

In re-examination, Sergeant Dyson stated that compared with the incidents the SOG attended in the period 1983 to 1985, call outs in more recent years were of a "more serious nature and (were) more dangerous." (Transcript p.511)

The Association claimed that the SOG must be prepared for both domestic and terrorist type activity; that the SOG Standing Operations Procedures had been fundamentally reviewed and new guidelines issued in 1991; that, as a result, a quick response team comprised of a core group of personnel was necessary to control and contain a situation in the short term.

The employer's submissions in relation to both SACPAV and SOG basically related to the belief that the work of the SOG and those involved in SACPAV activities had been addressed in the work value decision in Matter T238 of 1985. It was contended that the attributes of SOG members and the changing nature of the work were the same in the 1985 case and in the 1976 case before the Public Service Board.

It was submitted that the re-writing of Standard Operating Procedures provided guidance and direction for members of the group, and that the training and development to cater for changes had been an evolutionary process and in fact had been alluded to in previous cases.

The use of highly sophisticated weaponry and training in complex and potential dangerous tactical manoeuvres had also been canvassed in the previous case.

Hostage Negotiations Unit

The Commission was told that training for hostage negotiators commenced in 1981 when the Federal Government, through SACPAV, assumed responsibility for counter terrorist training Australia-wide. The Hostage Negotiations Unit was established in 1982. Training was said to be to national standards.

In 1989 Tasmania Police decided to apply the skills and techniques to the resolution of domestic and criminal seige incidents and specialist training in hostage negotiation was instituted. Negotiators who were part-time in the role came from all ranks up to and including Inspector. The policy and procedures were contained in Police Standing Order 214, Hostage Negotiation Incidents.

In relation to the role of Hostage Negotiators, Superintendent Fogarty said:

"The negotiators again, they're another group that have undergone some considerable change. The negotiators have had to adapt to these national standards and negotiation is seen as one of the primary tools of a commander. The emphasis is to negotiate wherever possible and obviously to negate the use of force in the long term and wherever possible it ought to be. Now again terrorists play - their whole philosophies are so different to the normal criminal so there has to be new skills from the point of view of the negotiators to apply to the terrorists arrangements. And again there has to be this balance about the skills that apply in one area as distinct from the other. And it's a new ball game for those people."

Transcript p.973

The Association advised that there were approximately 20 officers of Tasmania Police trained in the skills of hostage negotiations.

SACPAV Intelligence Unit

The Commission was informed that the nucleus of the SACPAV Intelligence Unit was drawn from the BCI and was supplemented by other police officers. The unit, which had been formed in 1982, was trained to national standards. The Commission was told that at June 1992 thirty-six officers from the ranks of Constable to Inspector, had been trained for deployment with the unit.

The unit was now required to function with other intelligence services such as the military and ASIO. Superintendent Fogarty said the officer-in-charge of the unit during combined operations was a police officer. The Association said the technical unit gathered information for analysis by the Intelligence Unit. Superintendent Fogarty described the unit as being an "integral part of a commander's armoury to ensure that the information is available to resolve an incident in the long term." (Transcript p.973)

The Commission was told that the members of the unit had to develop "a whole new range of skills" in installing or secreting video or audio recording devices in areas undetected so that information was provided directly to a required unit or units. There were two full-time officers in the unit as at January 1992. Prior to that the operations of the unit had been as a part-time activity with members being drawn from various areas of Tasmania Police.

Bomb Response Group

The Commission was informed that the Bomb Response Group, formerly known as the Bomb Squad, came into existence in the 1970s, but that after the Hilton Bombing in 1982, SACPAV injected funds into the training to national standard of Bomb Technicians. National courses were introduced and all Bomb Technicians were required, the Commission was told, "to achieve and maintain a high level of proficiency in keeping up with technological advances of the improvised explosive devices appearing throughout the world and in this State." (Transcript p.1448)

The group comprised 18 officers from Constable to Inspector. The Association said each member was required to undergo at least 10 days training during the year, mainly in two-day segments every second month, with advanced training interstate every 3 years.

The skills and responsibilities of the Bomb Response Group members were said to have changed in the last few years; they had to ensure that the Department's resources, given the manpower problems, were best utilised.

It was claimed that the old training model of the early 1980s, which was "preoccupied with safety" had changed now to include the need "to catch the offender to prevent the devices in the future being laid". Superintendent Fogarty said this had been the "very, very big change in our bomb response arrangements." (Transcript p.972)

Poppy Task Force

The Association said the Poppy Task Force was established in October 1984 to oversee the security of the opium poppy crop from which morphine and codeine phosphate - both narcotics - were manufactured. The Task Force was said to operate for six months each year during the opium poppy growing season. The Task Force was comprised of 15 officers, under a Senior Sergeant as State Coordinator. Security was provided to over 600 farms and two manufacturing establishments; the Task Force physically patrolled each poppy crop and identified and investigated thefts from such crops. The Commission was advised that the Poppy Task Force liaised closely with the Australian Federal Police, the Victorian Police and State and Commonwealth Health Departments on the movement of morphine and codeine; it also advised the Poppy Advisory Control Board on the issue of licences to poppy growers.

The employer submitted that the establishment of the Poppy Task Force was necessary to place the police approach to security and investigation aspects of opium poppy growing "on a more co-ordinated and managed footing". (Transcript p.2305)

Computer Branch

The Association submitted that the Computer Branch, established in 1984, has overseen the computerisation of certain operational functions including the command and control system for the despatch of patrol units, the development of systems for rapid retrieval of motor vehicle records, criminal records and warrant information. Over 120 terminals were in use and approximately 300 officers had received training in these systems. (Transcript p.2617) As software applications were extended, the Association said officers were required to undertake "intensive and in some applications, highly technical training." (Transcript p.1451)

Auto Crime Squad

The Association informed the Commission that the Auto Crime Squad had been established within the CIB in 1985 to deal with increased professional car theft. Superintendent Fielding said it was formed specifically because of the common practice of moving stolen vehicles and parts from State to State and that Tasmania Police was continually involved in joint operations with other States, operating a common base.

Scientific Section

The Commission was provided with information which, the Association claimed, recorded the changes in the skills involved and in the nature of the work performed in relation to crime scene examination, ballistics, video section, document examination, fingerprints and fire-scene examination.

Crime Scene Examination:

The Association asserted that members of the crime scene examination area were better trained and "crosstrained", and had become more professional in their work since 1986. For example, fingerprint and photography personnel now undertook both tasks. Since 1990 staff had been trained in the use of microscopes for the purpose of screening exhibits, together with a new piece of equipment known as a "polylight". Some crime scene examiners had undertaken metal re-etching in conjunction with ballistics personnel.

The employer relied on an understanding that the issue of crime scene examination had been taken into account in the 1985 work value case and that cross training was recognised at that time.

Ballistics:

The Commission was told that new types of weapons had been introduced since 1986. All police weapons were maintained by the Ballistics Section and there was now an emphasis on training and certification of those persons undertaking this work. New equipment had been introduced including a reloading machine, a milling machine and a lathe. The Association claimed that staff had been trained in the operation of these machines. The Section also operated a "blueing area" to protect weapons from rust which was said to be a more advanced method of preservation.

Video Section:

The Association said that this section was responsible for the security of video tapes of interviews which were used in courts as evidence. The Commission was told that the security of the tapes was "paramount". Staff performed maintenance on the equipment which required "a basic understanding of electronics". Since 1991 they also had installed surveillance electronic thief traps. Personnel were required to be able to "place or conceal the camera or the camera eye so that it is not visible or it is not obvious to the person who is being looked upon". (Transcript p.716)

The Association submitted that special training had been required of the officer-in-charge of the section. Video Section personnel were able to undertake crime scene examination if required.

Document Examination:

The Association referred to evidence which showed that since 1986 a unique system of letter and character filing system had been introduced to check a suspect's writing. In addition, a "video spectral comparator", similar to a "polylight" in operation, had been installed for the examination of documents.

Training had also been received in relation to the examination of type-written documents. Officers in the section were capable of carrying out the duties of crime scene examiners if required.

Fingerprints:

The Commission was told that in 1989 Tasmania joined a national computer network for the classification and searching of fingerprints. All Fingerprint Section personnel had received training in the new system. Fingerprints were still classified manually and data was fed into the computer via a scanner. Operators were able to remove any superfluous markings which might have developed from a poor print and reproduce only clear ridge detail. When the computer matched possible candidates a manual check was performed. The skills of input were regarded as crucial to ensure a worthwhile search at the central data bank. The "polylight" was new to the section and used in the detection of fingerprints. The Commission was informed that fingerprint personnel were also involved in photography.

Fire Scene Examination:

In evidence Senior Sergeant Bower told the Commission that the introduction of a specialist fire scene examiner in 1991 had resulted in every person understanding their role so that the determination of the cause of a fire, whether it was deliberate, accidental or of undetermined cause, was "approached in a more professional and acceptable manner." (Transcript p.709)

Prior to 1991 the work had been "split between CIB and the Crime Scene Examiner and very little detail would be provided regarding the physical examination of the scene."

The Association claimed that the new duties in fire scene examination were the taking of a statement from the owner/occupier. This could be done on video, investigating the financial situation of the owner/occupier, in an attempt to identify any probable reasons for arson. When there was suspicion that the fire had been started deliberately, the matter was referred to the local CIB.

In respect of fire scene examination, the employer again submitted that this aspect had been taken into account in the 1985 case.

Communications

The Commission was advised that a new "command and control system" for the police came into full operation in Hobart in April 1990 and in Launceston and Burnie in March 1991. The system replaced a manual card system which was said to be "slow and difficult to retrieve information from". The new system incorporated a Motorola radio console with two computer screens. The Commission was told the system was used for the control of all police vehicles, marine craft, aircraft, foot patrols and any external services police might need to use. The primary screen was used to input all data concerning an incident. The secondary screen displayed the jobs in progress and the "updates" on any particular unit's movements.

Operators were said to monitor the progress of each incident and feed in any updated information. The system was programmed to inform and remind operators, at pre-set intervals appropriate to the nature of the incident, of the time limits imposed on dealing with incidents. These time limits could be overridden by the operator.

The Association said the radio system operated on five channels which had the capacity to "patch" across channels and to other areas, for example, to provide communication between two police vehicles or between a police vehicle and the Intensive Care Unit at the Royal Hobart Hospital. Direct telephone lines from outside services such as fire, ambulance and state emergency services were monitored. A higher frequency radio was used for "crossborder communication with all other states and marine craft." (Transcript p.1464)

A central register recorded all telephone calls and radio messages. The system was designed so that any area of the State could be controlled from any communications centre.

In relation to the responsibilities inherent with the new system, Senior Constable Harrison, who gave evidence about the operations of the Communications section, said:

"We have the responsibility of perhaps having to be more alert in this system than what we were perhaps in the older one because so much more is involved with obtaining the proper information, or the correct information, and feeding that correct information into the computer system, and ultimately, if that incident becomes a court case, that information can be retrieved ..."

Transcript p.735

Senior Constable Harrison said:

"Well it definitely appears, personally to me, that our workload has increased not only because of what we know of the incoming police incidents but we are required to keep all the information as such in the computer and that, of course, has increased with the - against the old system."

Transcript p.736

The Association submitted that, in relation to the manual card system, operators were able to be brought in from general duties to operate in the full range of communications work. This was not appropriate with the new system because of the period of training required. Nor was on-the-job training considered appropriate.

The employer submitted that comparing the present situation with that which had been dealt with in the 1976 Public Service Board case, the functions in this area remained "largely similar with the major change being the provision of computerised equipment". It was submitted that the new equipment replaced previous card systems and facilitated productivity in the area. (Transcript p.2488)

The employer mentioned that this function was "not of the highest level function requiring a new classification", but that the operation of the new equipment required a new skill. (Transcript p.2489)

Major Crime Squad

The Commission was told that a major crime team of specifically trained detectives was formed in the late 1980s attached to Southern District CIB, to be readily available to deal with "armed hold-ups, rapes, murder - some serious burglary". The composition of the squad changed weekly on a roster basis.

Prosecution Sections

The Association submitted that Prosecution Sections in the three geographic districts (now altered) had taken over all prosecutions in the Court of Petty Sessions. This work had previously been performed by Section Officers. According to Senior Sergeant Barrett the Prosecution Section had undertaken this role to combat an increasing trend of cases being transferred to municipal courts, at the request of defendants, to take advantage of police officers who were inexperienced in prosecutions.

In respect to the fact that the Prosecution Sections had taken over work in the municipal courts, the employer submitted that this process had commenced prior to the work value datum point and tabled the annual Report for 1979/80 of the Commissioner of Police, which indicated that "Hobart Prosecutions had taken over the prosecutions in two southern country courts". (Transcript p.2499)

Accident Investigation Squad

The Association claimed that the Accident Investigation Squad was extended from the Hobart Base Squad to Launceston and Burnie where, at both centres, a Sergeant was employed full time on accident investigation duties. It was asserted that professionalism in accident investigation had increased significantly which was reflected in the increase and the success rate in culpable driving charges.

In response the employer submitted that the 1979/80 Annual Report of the Commissioner of Police indicated that an Accident Investigation Squad had been established at Burnie during that year and referred to fatal accidents attended by the Accident Investigation Squad in the northern district. Accordingly, it was submitted that the units had been established prior to the datum point for this case.

Dealer Squad

It was claimed that the Dealer Squad established in the CIB in 1991 had changed its methods of dealing with applications under the Commercial and Liquor Agents Act.

Child Protection Unit

The Association advised that prior to 1981 Tasmania Police did not provide specialist child protection services. In evidence, Sergeant Jones said police "may not have looked upon child abuse as a serious matter" in the very early 1980s. (Transcript p.535) Child abuse cases reported to the Child Protection Assessment Board (CPAB) had risen "more than five fold from about 200 cases in 1980". In 1987 a Child Protection Unit was established, located in Hobart, Launceston and Burnie. The Units' officers were responsible for the investigation of any allegation of physical, sexual and emotional maltreatment of a child up to 17 years of age. The Commission was told that the Unit worked closely with the CPAB, the Sexual Assault Support Service (established November 1986) and the Sexual Assault Medical Service (established 1990).

It was claimed that the responsibilities and skill level of Tasmania Police in respect of child abuse had significantly increased in the 1980s. Tasmania Police had become involved in policy making and advising on child protection through its direct representation on the CPAB; through involvement with case management plans; advice in relation to "legal interception", and through involvement with Regional Assessment Team Committees.

Since the mid 1980s a one-week training course had been conducted to familiarise officers with the procedures and investigative skills required for prosecutions under the Child Protection Act 1974. All ranks were said to be involved in child protection work and in the north of the State it was primarily a Uniform Branch responsibility.

Amendments to the Child Protection Act in 1986 and 1987 had broadened the definition of maltreatment and raised to 17 years the age of a "child". It was said that these changes had extended the area of physical abuse and broadened the scope of matters in which the police became involved. Police were required to develop better interrogation techniques to determine the veracity of a child's statement. All allegations of sexual assault had to be investigated and care had to be exercised because of the traumatic effects on the child of the investigation and court proceedings.

Sergeant Jones said it was difficult to find suitable officers for the work which was exasperating and frustrating. She said that their investigations were open to criticism from outside agencies and that investigations which did not result in criminal proceedings could "result in compensation court proceedings". Interviews were video recorded; interview techniques was a new component of the CIB course.

The employer mentioned that the work of CIB members involved in child protection had been dealt with in the 1985 work value case. It was submitted that the liaison with the Sexual Assault Support Service and the Sexual Support Medical Service was no more than what had been in place with other participants in the area prior to the establishment of those two units.

The employer said that the work of the Child Protection Assessment Board pre 1986 was similar to that of the current Child Protection Assessment Committee and that the role of police with the two organisations was little changed. The employer drew attention to the relevant training courses which had been in place since 1983.

It was submitted that the establishment of dedicated Child Protection Unit had catered for the "added work load" caused by the changes to the legislation.

The employer stated that whilst the issue of child protection was now more regulated, little had changed in relation to the operating skills of those involved, and that if the Commission considered that changes should be recognised as genuine work value change, then such changes should only be measured from January 1986.

Proactive Methods

The Association listed a number of activities commencing after the work value datum point which it considered fell into this category, some of which have been referred to previously in this decision. Those were:

Community Relations Bureau:

The Community Relations Bureau was established in October 1987 by the amalgamation and expansion of the former Crime Prevention and Public Relations functions.

Neighbourhood Watch and Rural Watch:

Neighbourhood Watch commenced at Lindisfarne in April 1986 and subsequently had been extended to other areas of the State. There were 33 Neighbourhood Watch areas predominantly in the South. Tasmania Police was said to coordinate and support the local communities; this was mainly a general duties responsibility primarily involving constable ranks.

Safety House Program:

The Safety House Program was introduced in 1984 and covered 48 schools with a total of 2500 homes. Tasmania Police was said to coordinate and support local communities and check and recheck the applicants every two years. The Safety House Program was said to be mainly a general duties responsibility, mainly involving constable ranks.

Fishermen's Watch:

This was said to be a marine version of Neighbourhood Watch introduced in the late 1980s and it was conducted in conjunction with the Tasmanian Fishing Industry Council, the Tasmanian Amateur Sea Fishermen's Association and the Professional Fishermen's Association.

Traffic Offence Deterrence Operations:

The Commission was told that this program, also known as Black Spot Identification, commenced in 1984 at three locations, the Lyell Highway between Granton and New Norfolk, Tasman Highway and the Southern Outlet. The work was undertaken by Uniform Branch and Traffic Operations Group.

National Campaign Against Drug Abuse:

This campaign commenced in 1986 and it was said to involve police running drug education programs in schools.

Ethnic Affairs:

The program was said to involve discussions and workshops with migrant and refugee groups on the role of police in the Australian society and on home security.

Crime Prevention and Security:

The program involved talks and seminars to the general public, businesses and government; and

Random Breath Testing, Taxi Liaison office, Operation NOAH, Operation Paradox, Search and Rescue, Adopt-a-Cop, Police Deputy Scheme, Missing Persons, Soft Toys.

The employer responded to the Association's submissions in relation to proactive methods in the following manner:

"In summary, it is our submission that the objectives of the community based programs, if successful, will create an improved operational environment for police in so far as (a) they are designed to foster and sustain and improve relationship between the community and the police; it will assist to lift the profile of police, to boost their image; to overcome the them and us syndrome - these factors have been contributors to stress; (b) to reduce the workload of police - a reduction in crime and offences through a greater ownership by the community in the prevention and detection of crime and through the deterrent effect of publicised programs; (c) to allow the police to adopt a greater proactive role in partial substitution for reactive policing and more satisfying role as stated by Superintendent Chugg at page 337 and an alleviation of frustration, as evidenced by Superintendent Fogarty at page 1226.

We submit that there is no major shift in training or in any major shift in skills acquisition to accommodate the involvement of junior ranks within these activities."

Transcript p.2379

FINDING:

Random Breath Testing and Radar Speed Detection:

The introduction of random breath testing procedures and Radar Speed Detection equipment appear to have had a positive effect in dealing with road accident levels. However, as argued by the employer, the significance of these new methods in work value terms is not great.

The new skills required by approved operators to carry out the various tasks associated with random breath testing warrant limited work value consideration only. Similarly, the new work associated with radar speed guns is only marginal for work value purposes.

Marine Policing:

I am of the view that there has been sufficient change in the nature of the work and the skills required in the area of marine policing to attract a work value consideration. In particular, the development of the aquaculture industry and the South East Trawl Fishery, and the move towards the use of more sophisticated equipment stand out.

Interviews:

I agree with the employer that the claims in relation to videotaping of interviews, limits on time for interviews and confessional statements impose on police the requirement to be more structured and precise in their work practice. It is of limited work value consideration.

Domestic Violence:

New methods in dealing with domestic violence have been addressed elsewhere.

Firearms:

The requirement for all operational police to carry a firearm is also a feature which is not without claims as a work value consideration. Certainly the responsibility and accountability which goes with the requirement is recognised.

DNA Testing:

I do not consider the material presented in relation to this matter warrants recognition for work value purposes.

Computerised Fingerprint Systems:

I am not satisfied that the changes in this area warrant any work value adjustment to rates of pay.

Computerisation of Criminal Histories:

I do not consider the use of the data exchange system warrants work value adjustment.

Long Batons:

I consider the introduction of the long baton as a replacement for the old short baton involves the development and refinement of an existing skill which is of marginal additional work value.

Search and Rescue:

There is no doubt that the personnel of the Search and Rescue Division, both full and part-time, have developed a range of specialist skills which have proved valuable to the operations of the Division and the Force generally. The work value of these activities is recognised.

Emergencies:

I do not consider that the changes to role and responsibilities of police in respect of the control of declared emergencies or disasters has increased sufficiently in the 1980s to warrant work value consideration.

BCI:

I accept there has been change since 1985 in some of the activities and training of the BCI which would be considered as appropriate, for those members concerned, to recognise as a work value change, such as the move towards coordinated surveillance operations and the development of a more sophisticated intelligence gathering practice. Such work value change will count towards the general list of work value credits.

SACPAV (including Special Operations Group, Hostage Negotiation, Bomb Response Group):

The employer's reference to the fact that the work of SACPAV and related units had been canvassed by the Public Service Board in 1985 is acknowledged. Since that time the operations of SACPAV have emphasised training to national standards to meet the needs of a national anti terrorist force. The changes in the activities of these units since 1985 are recognised for work value purposes.

Poppy Task Force:

The activities of the police involved in the security of the State's opium poppy crop were canvassed previously by the Public Service Board and, on the material put by the Association, little has changed in this security operation apart perhaps from the adoption of the Task Force nomenclature. I do not consider the work involved has changed sufficiently to warrant work value consideration.

Computer Branch:

I consider that the computerisation of operational functions generally is an evolutionary change which does not warrant any special work value allocation.

Auto Crime Squad:

As for Computer Branch.

Scientific Section:

The work of crime scene examination and fire scene examination was dealt with in the 1985 Public Service Board case. It is accepted, however, that more sophisticated training has occurred since then to enhance the skills of these officers. The work of the ballistics section and the video section has changed since 1985, but not to the extent that any significant work value increases should be imputed.

Communications:

The employer's view that this work involved the application of a new skill is accepted and I consider it warrants recognition for work value purposes.

Major Crime Squad, Dealer Squad:

I do not consider the changes in these areas are of work value significance.

Prosecution Section:

The work of the prosecution section has been canvassed in some respects previously. Notwithstanding the employer's view that the work of some country courts had been taken over by the Hobart Prosecuting Section as early as 1979/80, I am satisfied that the full assimilation of this work into the prosecution section is a work value change.

Accident Investigation Squad:

There is sufficient evidence to recognise a work value change in this area.

Child Protection Unit:

The establishment of specialist child protection units bringing with it specialist skills and training and the extension of responsibilities in those areas, in my opinion, substantiates a claim for a work value adjustment.

Proactive Methods:

The features put forward in this category have been dealt with under the broad heading of community policing.

6. INDUSTRIAL SAFETY, HEALTH AND WELFARE ACT

The Association claimed that the above Act required selected officers and elected workplace representatives to undertake extra duties. This had involved the acquisition of skills related to the identification of potential workplace hazards and the identification of personnel suffering stress or other problems affecting work safety and welfare.

The development of the Occupational Health, Safety and Welfare Agreement between Tasmania Police and the Association, it was said, would require supervisors to be more mindful of their responsibilities in the deployment of officers, although it would not change "the intrinsic dangers of police work".

Stress

It was claimed that stress had "become a real problem in Tasmania Police in the large part, reflecting the increased accountability of officers." (Transcript p.1477)

During 1991, seventeen police officers were absent from duty due to stress for an average of 98 days. For the six months to 30 June 1992 nineteen officers were on stress-related leave averaging 62 days per officer. The Association submitted that although these figures demonstrated a "serious stress problem", there was no conclusive statistical evidence available of a long term trend. This was because Tasmania Police had only been covered by workers compensation legislation since the proclamation of the Workers Compensation Act 1988 and sick leave records were not available prior to 1989.

Superintendent Fogarty, in evidence, said:

"My view is that stress has certainly increased since the 1980s; it's a different form of stress and it's gradually getting worse."

Transcript p.1268

The Association relied to a considerable extent on the evidence of Dr Sale, a consultant psychiatrist, who said:

"I have gained a firm impression that the number of referrals of police personnel, both clinical and medico-legal, has increased over the past three or four years. Prior to 1987 I can only recall two or three police personnel or family members being referred by their general practitioners. However, since 1988, probably over twenty police officers have been seen."

Transcript p.1275

and further:

" ... I personally believe that with the possible exception of active military service it is probably about the most stressful occupational group that I can think of."

Transcript p.1304

The Association also claimed that because of the culture of the police force, officers were disinclined to report stress.

Infectious Diseases

The Association submitted that there had been a significant increase in the incidence of cases of infectious notifiable diseases in Tasmania in the period 1984 to 1991. Statistics provided by the Health Department of Tasmania as at September 1991 were tendered to demonstrate the claim. Of particular concern to the Association was the increase in the incidence of the various forms of hepatitis, especially Hepatitis B, C, D and E, and the Human Immune-deficiency Virus (HIV/AIDS) infection which, it said, was first recorded in the Health Department's statistics in 1987.

It was contended that police "have a high risk of exposure to AIDS and hepatitis B and other infectious diseases" and the risk of infection added to the stress of their work. (Transcript p.1481)

Police who were said to be most at risk were those in active duty including members of the Scientific Section who come in contact with exhibits, and police who clean police vehicles in which people have been transported.

The Commission was informed that Police Standing Orders required police "to assume that every person is a potential carrier of a communicable disease". Police were said to have a responsibility to minimise exposure risks to themselves and also to other persons who might be involved in their dealings with suspects, offenders and other members of the public. Because of the lack of a vaccine to deal with HIV/AIDS and Hepatitus C, and the fact that vaccines for other infectious diseases were not totally reliable, the Association submitted that police experienced added anxiety and stress in their work.

The additional knowledge and skills which police had acquired to minimise the risks of infection included -

. an awareness of infectious diseases
. specific precautions/procedures
. first aid and resuscitation techniques
. wearing of protective clothing and gloves
. disposal of contaminated clothing and equipment.

In 1989 the Management of Infectious Diseases Course was introduced at the Police Academy. The syllabus was said to be updated regularly. However, the Association maintained that notwithstanding the training courses, communication, protective equipment and other measures introduced in an attempt to lessen the concerns regarding infectious diseases, its members were still fearful of being infected.

The employer took the Commission to the matter before the Public Service Board, A535 of 1980, which was generally referred to as the "Stress Case". In it, Commissioner Koerbin listed 16 stressors which impacted on police; most of these were addressed during the current proceedings as being relevant to police in the 1980s and 1990s. The employer also drew attention to the difficulty of obtaining adequate statistics comparing the situation prior to the datum point and what had happened since police were brought within coverage of the Workers Compensation Act of 1988.

The Commission was told that the Industrial Safety, Health and Welfare Act 1977, and amendments, had introduced a framework for change and the introduction of the Occupational Health Safety and Welfare Agreement referred to earlier had resulted in greater awareness in this area throughout the police force. The inclusion of special positions in the human resouys field in the Department was designed to assist officers in the field.

The introduction of the Critical Incidents Debriefing Scheme during the period of review was also regarded as being of assistance to employees in creating a better workplace.

The employer submitted that management had recognised the need to deal with stress and particularly had arranged courses on infectious diseases and created greater awareness and provided direction in terms of guidance and care.

The employer said:

"We would submit there, Mr President, that in fact training programs have been introduced at all levels, covering infectious diseases, handling stress, where management has identified the need to, as Dr Sale indicated, give them training and awareness of how to substitute distress for positive stress responses."

Transcript p.2269

Three specific areas where training had been provided to help reduce stress were training for supervisors to be able to identify stress and provide help; training in the use of long batons and the introduction of long batons; and the third dealing with "a proactive approach in policing to produce a more positive image." (Transcript p.2270)

In relation to infectious diseases the employer submitted that that issue was not a work value consideration, but even so it had been considered in the work value stress case referred to earlier.

The resources and training which had been directed towards providing awareness programs and assistance to people had negated some of the stressors which had been introduced by the Association. This was summed up by the employer in the following manner:

"As you have indicated, Mr President, we would acknowledge this is a serious issue. What I am submitting is that by the action taken by management of police that it negates that serious issue through training, development of strategies, introduction of specialist position, awareness raising programs, having occupational health, safety and welfare committees out there rather than being a central issue."

Transcript p.2277

The employer maintained that stress was a part of every job and every occupation and by the introduction of training programs "the negative stresses and the ability to cope (could) actually be turned into positives." (Transcript p.2280)

Finding:

Notwithstanding the employer's view that the issue of stress had been examined by the Public Service Board in 1980, I am satisfied from the Association's submissions and the evidence presented that, due to the changed nature of police work, there has been a significant increase in stress levels in the police force, and it is possible that reported levels might not reveal the true picture due to what was claimed to be a culture in the force that reporting stress showed a weakness that might not be to the individual's advantage.

The introduction of the critical incidents debriefing scheme, together with a psychologist attached to the Human Resources Division, should assist in ameliorating some stress problems. In addition, training in the area of infectious diseases and appropriate prevention strategies should assist in diminishing unnecessary fear leading to stress.

These factors will be considered when assessing the overall value of the work value change.

7. RECRUITMENT, TRAINING AND PROMOTION

Minimum Age and Education Standards

The Association submitted that in 1980 recruits were either cadets or adults. Cadets were required to be a minimum of 16 years of age and have completed Form IV (year 10) of schooling. Adults were required to be a minimum of 18 years of age and to have completed Form IV (year 10) of schooling. Cadet recruitment ceased in 1983. In 1991 the minimum age for recruits was said to be 18 years and the minimum education standard year 10 of schooling. But in practice the Higher School Certificate had been adopted as the preferred minimum education standard and preference was given to mature age students who had undertaken tertiary training.

Physical Fitness

In 1980 the Association claimed there was no formal requirement in relation to physical fitness apart from the medical examination to qualify for the Retirement Benefits Fund.

In 1991 a Physical Performance Evaluation was conducted with each recruit to assess "ability to perform the physical tasks which a police officer might reasonably be expected to accomplish". The medical examination was much more comprehensive.

Entrance Examination

The entrance examination in 1980 was set at Form IV (year 10) and used to assess "English skills with one arithmetic segment". Superintendent Fogarty said the entrance examination in 1992 was "set at HSC Level III" in order to "ascertain the individual's capacity to be able to undertake the (recruit) course" which was regarded as very comprehensive, complex and demanding. (Transcript p.1044)

Recruit Course

In 1980 successful applicants were inducted into a recruit (or constable) training course. This procedure, the Commission was told, was changed in the 1980s so that selected trainees were required to work in "a non operational role" in Tasmania Police for up to 3 months before commencing the Recruit Course. In this way, the Association submitted, trainees were able "to experience first hand what being a police officer (was) like and (gave) Tasmania Police further opportunity to assess the trainee's capacity and aptitude." (Transcript p.1488)

The Association explained that in 1980 recruits undertook either:

(1) the cadet course which was 90 weeks including 56 weeks' training at the Police Academy with the remainder being taken up with adventure training camps, work with community groups, police station placements and driver training; or

(2) the adult course which involved 21 weeks at the Police Academy. Both courses were said to be "narrowly focussed on law and police procedures and emphasized rote learning" compared with constable training in 1991.

The current course was of 30 weeks. Apart from the higher selection standards already mentioned, the Association submitted that recruits had to possess a driver's licence, a fully up-to-date first aid certificate and a minimum level of life saving qualification.

The Association submitted that the course involved additional subjects and subjects were dealt with to a greater depth; for example, "computers, driver training, firearm training and search and rescue; all recruits were put through abseiling". (Transcript p.1488) Recruits were said to receive more intensive training in handling - and avoiding - incidents in which they might be assaulted. More emphasis was placed on training to defuse situations.

The course comprised 26 modules which, amongst other things, dealt with social issues, welfare services and proactive policing strategies. The training provided, which was described as a "thematic modular approach", developed a greater and deeper understanding of the police officer's work and better equipped an officer to exercise appropriate discretion. The Association said that additional emphasis was placed on practical work based on situations in which professional actors were used to create "real life scenarios" which were video taped. A recruit's reactions enabled instructors to gauge the individual's ability to function.

The Association claimed that the standard of the Recruit Course had improved and that was highlighted by the fact that three subjects from the course were accredited towards the Associate Diploma of Social Sciences (Police Studies) at TAFE. Two subjects from the 1980 course were accredited towards the Police Certificate (TAFE).

In support of its claims the Association tendered as an exhibit a 1991 report by Mr McCreadie, then a superintendent, on work value changes in the area of training and development. The Association highlighted the report's references to the need to upgrade and expand the police training program to provide more rigorous requirements for police to qualify for promotion and to raise the standards of recruitment in order to the increased demands on police which had developed since 1980.

The employer submitted that in the 1976 Public Service Board decision, Commissioner Koerbin had described a Constable as "a person who has either attained his matriculation or has had at least one year post-secondary school or matriculation college experience". And that a Constable "must be a qualified lifesaver and first aid attendant, and further that the Constable must be physically fit, of impeccable character and imperturbable disposition". (Transcript p.2327)

The employer submitted that entry qualifications had not altered significantly and that Commissioner Koerbin had taken into account the fact that matriculation students were preferred as applicants.

It was contended that a high level of physical fitness and having an impeccable character were factors which had always been a requirement of police on entry into the force.

The employer was of the view that the 30-weeks recruit training course was more intense than the previous 2-year course, and that had to be balanced against the previous training program which produced a fully qualified officer over a longer period.

The Association refuted this view and submitted that the appropriate comparison for the 30-week course for adults was with the old 20-week adult recruit course; the 2-year course was for cadets.

Promotion

In 1980 promotion to the rank of Senior Constable, Sergeant and Inspector was said to require a pass in four written qualifying examinations covering the Police Regulations Act 1989, Acts and Regulations, Evidence Act 1910 and Practical Duties.

The Association submitted that the promotion system had changed fundamentally since 1980. In 1991, in order to obtain a promotion the successful completion of qualifying examinations and a residential course, which replaced the Practical Duties examination in 1987/88, was required. The residential course was 3 weeks for promotion to Senior Constable, 4 weeks for promotion to Sergeant, and 4 weeks, plus an officer's course, for promotion to Inspector. It was claimed that the residential courses were used to evaluate the candidate's capacity to function at the rank sought. As with recruit training, emphasis was directed to "issue identification and problem solving in complex/real life situations, rather than rote knowledge of statutes and procedures". In addition, the courses concentrated on management skills relating to "human resources, physical resources and financial resources". The Inspector's course required a "pre-course paper and presentation on contemporary policing or management problems confronting Tasmania Police and corporate visits and assessment of a corporation's management techniques and styles". (Transcript p.1495).

It was submitted that the courses now being conducted were more difficult than courses in 1980. Preference in promotion was increasingly being given to applicants who had qualified for promotion and who had completed specialist training courses and/or had relevant tertiary qualifications where appropriate. Seniority as a "qualification" for promotion had been "abolished".

The employer submitted that the claim that it was now harder to pass exams was a familiar catch-call and had been referred to in the 1976 matter. It was claimed that the changes that had occurred in relation to promotion procedures ensured that the best person was appointed. The process was vastly improved and in line with contemporary management practice but should not be regarded as a work value consideration.

The employer asserted that those who possessed the relevant competencies were more able to obtain advancement and a process had been put in place to provide feed back to unsuccessful candidates in order that they could improve their chances.

The employer was at pains to question the Association's assertion that preference in promotion was given to applicants who completed specialist training courses or who had relevant tertiary qualifications, on the grounds that there was no material to support that conclusion. It was accepted that there was more encouragement given to that approach now but it could not be accepted preference was automatically applied unless the selection criteria specified those particular qualifications.

The continual updating of examination standards was regarded as being vital if police offices were to keep abreast of modern methods of crime prevention and detection.

The employer repeated the general position that any increase in an individual's knowledge during the period of review did not warrant compensation by way of wage adjustment if that increase was but part of an evolutionary process.

Specialist Training Courses

The Association provided the Commission with a table of specialist courses conducted at the Academy during the period 1980 to 1991. It was claimed that the 49 courses listed, the majority of which were , constituted a comprehensive coverage of the needs of police, and further, that a number of these were recognised nationally. The length of these courses ranged between 1 day and 8 weeks. Particular reference was made to the Detective or CIB Course which the Commission was told set the standards for criminal investigation work. The course had been "comprehensively revised in 1990 following a formal review of the training in Tasmania and Victoria", which had been conducted by Inspector Johnstone. (Transcript p.1497) The Commission was provided with information relating to the course and to the varying periods of detective training applying in the other States and the territories.

The employer said that prior to the opening of the Rokeby Academy in 1976 "around 80 police officers per year were being given some form of in-service training and now that number has risen to 400 per year or around 40% of the force". (Transcript p.2348)

Accordingly it was submitted the Commission must accept that this form of training was not new and had been ongoing since 1976.

The employer questioned the logic in awarding a work value increase based on specialist training if not all employees undertook that form of training. The Association responded that a start (in training) had to be made somewhere.

Accreditation of Rokeby Police Academy Course

The Association submitted that in the last decade there had been increasing recognition of Police Academy courses by higher education institutions and by other Police Forces. The Commission was told that in addition to the Constable (Recruit) Course being accredited with TAFE in Tasmania, the Constable Course and other in-service courses could be accredited with up to 12 of 22 points required for the Bachelor of Arts (Police Studies) at Monash University. The Western Australian Police Force required its members to successfully complete the Rokeby Academy Arson Course to gain "expert" status for evidence purposes and officer training at Rokeby was recognised in New South Wales, Victoria and New Zealand.

Finding:

While the issue of recruit qualifications was canvassed substantially in the 1976 Public Service Board case, I consider that the claim that applicants to join the police force are now more highly qualified, mentally and physically, than was the case prior to the period under review, should not be regarded as a work value consideration.

Whether the recruit training course was longer or shorter, more or less intense than previously, does not alter the fact that at the end of the course the successful recruit is regarded as a "first year" Constable and it is at that point that the work value assessment must take place. It is an agreed position that a recruit should automatically be rated as being worth 90% of a first year Constable's salary.

So far as the Association's claim in respect of promotion is concerned, the level of difficulty in passing the various qualifying examinations is reflected in the salary rates applying to the various promotable positions. Accordingly, I reject, as a work value issue, the alleged difficulty in passing qualifying examinations and similarly I reject, for work value purposes, the claim that preference in promotion is being given to candidates with specialist training - although that may well become the norm under the new classification and salary provisions.

The need for specialist training appears to be well recognised by management, given the number of courses run each year, and the skills obtained add to the value of the individuals and to the value of the work force generally. Notwithstanding the argument that this form of training is not new, I regard these training courses as adding to the value of police work generally and as such they are recognised as adding to the work value at all classifications in the force.

8. INTEGRATION OF TASMANIA POLICE WITH OTHER POLICE FORCES

The Association submitted that during the 1980s Tasmania Police had been increasingly involved in initiatives and programs, of a national nature, which had resulted in its activities being integrated with other Police Forces and certain Government agencies. This had resulted mainly from "the growth of national and international crime". The Commission was informed of the various areas in which Tasmania Police was considered to have become increasingly involved. Many of the initiatives referred to had been established to combat "the growing sophistication of crime, especially organised crime and white collar crime." (Transcript p.1502)

National Crime Authority (NCA), established in 1984

The National Crime Authority (State Provisions) Act 1985 provided the Tasmanian Minister for Police with the power to refer matters to the NCA and for the NCA to conduct enquiries in Tasmania. Two Tasmania Police Officers were on secondment to the NCA (as at November 1992) for two years.

National Police Research Unit, established in 1983 by agreement between State and Commonwealth Ministers, and Police Commissioners to promote consistency and uniformity across the nation's police forces in respect of police methods, equipment, the effect of sociological trends etc.

Australian Bureau of Criminal Intelligence (ABCI), established following agreement of the Australian Police Ministers' Council on 6 February 1981.

The Commission was told that ABCI's role was to provide facilities for the collection, collation, analysis and dissemination of criminal intelligence and to arrange for its distribution to all Australian police forces. ABCI's focus was organised crime, particularly illicit drug trafficking, athough the Commission was informed that "illicit gambling; fraudulent dealings in shares and securities and company funds; national and international movement of profits of organised crime; corruption in public life; usurious loans; prostitution within the area of organised crime; any other business interest or activity with an organised crime connotation; movement of persons connected with organised crime to and from Australia and their activities within and outside Australia", were areas which ABCI's activities covered. (Transcript p.1503)

Two Tasmania Police Officers were seconded to ABCI (as at November 1992) for a period of 3 years. Four officers had returned from secondment to ABCI.

Standing Advisory Committee for the Protection of the Public Against Violence (SACPAV), established following the Prime Minister's proposal to Premiers in February 1978 after the "Hilton Bombing". (Details extensively covered earlier).

Operation NOAH, introduced in 1985. (Referred to earlier)

Drug Operations involving other police forces and certain agencies, particularly the Australian Customs Service (referred to earlier), and more specifically the Rhyndaston Indian Hemp Operation 1984, and the National Working Party on Amphetamine Control

Enforcement Forum, established in the late 1980s, under the auspices of the Australian Transport Advisory Committee comprised of heads of traffic enforcement authorities. The Commission was told the Forum's charter was to develop uniform traffic laws and enforcement strategies.

Inter-Force Mobility National Working Party, established in 1991, under the auspices of the Australian police Minister's Council.

Operation Paradox, which commenced in 1990, involved most police forces in the country. (Referred to earlier)

Australian Federal Police (AFP) - Transfer of Responsibilities

The Commission was informed that the AFP withdrew its force of five members from the Launceston area and the work had been picked up by Tasmania Police; in addition, "support roles previously provided by the AFP to commonwealth activities, such as Customs, Immigration, Australian Airlines, Tas Rail, Telecom, Australian Defence Forces and Australia Post had been taken over." (Transcript p.1509/10)

The employer submitted that co-operation between police services had occurred for a considerable period of time and there were many examples of areas of policing where that approach had been adopted.

Specific reference was made to "exchanges of views, study tours, equipment conferences, conferences of Commissioners of Police, and many areas where there was a commonality of purpose and interest in police work." (Transcript p.2240)

It was submitted that:

"In general terms, crime is crime across the states. Homicide, rape, fraud, assault, robbery, burglary, road safety and traffic offences, drugs, trafficking, arson, licensing, gaming. Perhaps there may be variations in the legislation across the states as to police powers, enforcement, evidentiary proceedings, court sentencing powers. There would be variations in strategies, policies, standing orders and the acts and regulations which govern police and their functions, but by and large the common factor is crime. Crime is crime, an offence is an offence."

Transcript p.2240

The employer further said:

"But while states and territories continue to legislate separately within their own domain having regard to local factors and considerations then we submit that the total of full integration will never entirely come to fruition."

Transcript p.2241

The employer questioned the approach of the Association which seemed to be suggesting that a similarity of interest and of policing methods across the states "ought to give rise to some sort of commonality in terms of rates of pay and conditions of employment between the states."

The proposition that the interrelationship between the forces and the sameness in certain police activities and undertakings should lead automatically to a sameness of salaries was rejected. The appropriate method was to determine what change had occurred in this State and to assess the value of that against existing salaries.

Finding:

I accept that there is a growth in the tendency to develop national programs to combat various aspects of crime and to foster close relationships between the States and the Commonwealth to deal with specific criminals or criminal operations. I do not accept that it is integration in the true sense of the word, and I reject it as such if it was intended to promote the impression that Tasmania Police are integrated or are close to integration with Victoria Police or any other police force.

I do not regard these factors as a work value consideration and I shall deal with the issue of wage parity in another section of this decision.

WORK VALUE PRINCIPLE AND PRECEDENT

The employer reminded the Commission of the need for the submissions of the applicant to be "strenuously tested in order to form a view as to whether the resultant changes in work as claimed by the Association are bona fide changes for the purposes of satisfying the stringent demands of the (Work Value) principle."

The employer said:

"Whilst acknowledging the emergence of change in policing, both managerially and functionally, it is our essential position that such change has not been, in the main, dramatic or such a revolutionary nature as to provide compelling reasons for work-value increase. Rather change, we suggest, has been subtle, evolutionary, and to the extent over time, of almost imperceptibility."

Transcript p.2075

Extracts from a number of decisions of other industrial tribunals, including this Commission, were tendered going to the development of the work value principle since 1974 and dealing with work value cases in which the issues of "work volume" and "evolution", including the application of already held skills to new equipment and new situations was addressed. It was submitted that there were certain elements or skills which attached to policing work which required (police officers) to maintain and keep abreast of change, and further, that references to "responsibility" for work value purposes should not overlook "the need to take care".

Specifically, in relation to this work value exercise affecting the Police Award, the Commission was referred to three Public Service Board decisions flowing from reports of Commissioner Koerbin in Matters P.58 of 1976, A.429 of 1977 and A.513 of 1979. The employer submitted that the last "full analysis of police work across the spectrum" was P.58 of 1976 and added that there was a certain similarity between the evidence adduced in both the current and the 1976 matters.

The employer maintained that not all police had received similar training, nor were they all performing at the same level; in fact some police were performing at higher levels in terms of work and responsibility than officers who were of higher rank.

The employer also referred to the concept of "comparative wage justice" which, it was submitted, was not available to the applicant in this matter. The Commission's attention was drawn to certain decisions dealing with the need to strictly control "across-the-board increases" and the application of the "averaging process".

Finding:

In respect of the latter points, the employer adopted the averaging process when submitting that certain allowances could be absorbed into salary and also when calculating the rate of certain other allowances. On this point I find that in respect of the occupation of police work, given the nature of the ranked classification structure, a certain amount of "averaging" and "across-the-board" adjustment is unavoidable. Care has been taken to ensure that the adjustments properly impact on the areas where the more significant work value changes have occurred. Regard has been had also to the other references made to the Commission in respect of the Work Value Principle and precedents.

PARITY

The Association took the Commission to decisions of industrial tribunals in other states and territories and the Commonwealth which, it was claimed, had properly determined increased rates of pay for police by way of the special case process. It was argued that these decisions represented a national movement in rates of pay for police which could be substantiated in Tasmania. In particular the Association said that the Australian Federal Police and the Victorian Police salaries were the ones they were seeking. Details of salary rates applying in those two forces, together with those of other states and territories, were submitted for consideration. The rates applying in Tasmania were said to be the lowest in Australia.

The evidence of Mr McArthur in respect of police recruit training in Western Australia, and Superintendent Ladiges in respect of recruit training and the work of base level constables in Victoria, was put forward as establishing that it was appropriate to make comparisons with other police forces in Australia for the purpose of setting salary levels in Tasmania.

The employer addressed the notion of national parity by arguing that the comparative wage justice approach of the Association was not available under the Wage Fixing Principles; and by providing a series of economic indicators such as average weekly earnings; the median prices of houses in various states; rental costs; retail costs of certain items, to show that Tasmania's position was different to that of the other states. Therefore, the employer argued it was illogical to claim that salary rates should be the same across the states.

It was acknowledged that the training undertaken at the Tasmanian Police Academy was equal to that undertaken in Western Australia (as was stated by Mr McArthur in evidence).

It was also acknowledged that in terms of community policing there were similarities in roles of Constables when comparing the activities of Tasmania Police with the Victoria Police. However, the employer would not accept the proposition that an Inspector in Tasmania performed duties and had responsibilities equal to those of an Inspector in Victoria. The employer submitted that there had been no endorsement of national pay parity for police by either the Federal Government or the ACTU, and there had been no ministerial agreement at a national level in relation to a "national benchmark" for police.

Finding:

I am not convinced that movement of police rates of pay as shown in the tendered material is a move to national parity and I accept the employer's arguments on this point. Notwithstanding the evidence of Mr McArthur and Superintendent Ladiges, I am unable to accept that sufficient reason exists to adopt the Victorian or Australian Federal Police rates in this State in what would be a simple comparative wage justice exercise. The application of comparative wage justice adjustment is not appropriate in this case.

It is interesting to note that in the Victorian case, which was by consent of the parties, the Police Service Board remarked that the development of a national benchmark should be done at a national level and that the national benchmark approach in Victoria appeared to involve significant comparative wage justice considerations. The Board was also concerned about adopting Australian Federal Police rates into Victoria, given there were clear differences in work levels and operational responsibilities between the two forces. Those concerns exist in this case and there are clearly problems in rationalising, for wage fixing purposes, the different classification structures and wage levels applying in Victoria compared with Tasmania.

The request for parity with Victorian rates is therefore rejected. The rates which have been determined represent Tasmanian rates for Tasmanian conditions and circumstances.

PUBLIC INTEREST

Mr G Appleyard, a Deputy Secretary of the Department of Treasury and Finance, authorised to appear on behalf of the Commissioner of Police, addressed the Commission on the State Government's financial position and the impact of the Police Association's claim on that position. Areas covered by Mr Appleyard included the State's debt situation; the financial strategy put in place by the Government to reduce that debt; the constraints on the Government's revenue options; the State's borrowings and expenditure options; and credit ratings issues. In conclusion it was stressed that from a community interest point of view it was important that the government should be seen to have its own debt position under control by the application of tighter financial management and it was therefore necessary that the Association's claim should be dismissed.

The Association did not dispute the need for the Commission to have regard for the "Tasmanian Government's budgetary problems", but argued that police officers should not be denied "their just entitlements". The Association sought increases ranging from 14.6% at commencement up to 24% and indicated that the phasing in of any awarded increases would not be unreasonable in the current budgetary circumstances. In fact it submitted that three phasing periods could be sustained; with the full impact being deferred until financial year 1994/95.

Finding:

I acknowledge the importance of the submissions of the employer put by Mr Appleyard in respect of the need for the Government to bring its debt position under control. As with other public sector matters before the Commission in the recent past, the Government's concern in that area has been put most forcibly. These concerns have been taken into account in this matter by arriving at a phasing-in program which will ensure that the full cost of the increases determined will not impact until financial year 1995/96.

The need to provide, in the public interest, a properly paid, professional police force must rank as one of the Government's most important law and order responsibilities. The package determined in this decision which consists of substantial structural efficiency and flexibility gains, together with rates of pay which have been properly assessed in accordance with the Wage Fixing Principles, will assist in meeting that responsibility.

PROPOSED NEW AWARD

The parties had spent a considerable time negotiating the new award. The Association claimed it was prepared to concede substantial structural efficiency measures in an attempt to facilitate development of a more responsive, effective and economic operation. The employer submitted that it needed a more efficient and effective operation but it was unable to agree to any changes which would involve an increase in expenditure.

The major areas of difference, not in order of importance, were as follows:

1. The number of ranks in the Force.

2. The number of salary levels for rank.

3. Whether detailed classification standards were necessary.

4. Whether a tertiary qualifications allowance should be created.

5. Whether shift and penalty loadings should be absorbed into a total rate of pay and if so, what compensatory rate should apply.

6. Whether the higher duties allowance provision should mirror that proposed for the public sector generally.

7. Whether the relieving and overnight expenses provisions should mirror that proposed for the public sector generally.

8. Whether the hours of work provision should be referred to a Full Bench.

9. Whether the quantum of annual leave, recreation leave allowance provisions, and provisions relating to applications for leave should be referred to a Full Bench.

10. Parental leave provisions.

11. Inclusion of the Sick Leave Bank arrangements.

The new clauses are dealt with seriatim.

Clause 1: The title of the award, the Police Award, was agreed as was Clause 2, Scope, which provided that the award should cover all persons employed under the provisions of the Police Regulations Act 1898 for whom the classifications appear in the award.

Clause 3, Arrangement: The Association submitted that the award should be arranged in a manner different from that adopted by the Commission generally, and this was supported by the employer. The Commission's normally adopted procedures will be varied in part to accommodate, where appropriate, the requests of the parties.

Clause 4, Date of Operation: The Association submitted that the Commission should apply an operative date of 7 June 1991. It was argued that it had done everything in its power to have the matter advanced quickly but that it had been hindered in the process by an uncooperative approach from the employer.

Finding:

Whilst there is no doubt that the employer had undertaken a policy of general opposition to the Association's claims, the delays were not all of the employer's making and indeed at times the Association requested significant periods of adjournment to enable it to develop its case, or to further its negotiations with the employer. In the event I am of the view that the case proceeded as quickly as it possibly could and I do not believe that retrospective application of the decision would be appropriate. Accordingly, an operative date of the first full pay period commencing on or after today's date, will apply to the operation of the award generally and to the first of the phased-in salary increases.

Clause 5, Supersession and Savings: The proposed clause developed by the Commissioner is adopted.

Clause 6, Parties and Persons Bound: The proposed clause developed by the Commissioner, which conforms with present practice, is adopted.

Clause 7, Definitions: The parties were generally agreed in relation to this matter. The definitions to be inserted included the definition of classification, controlling authority, day, detective, expert, member and officer. Other definitions to assist in understanding the application of specific clauses are to be inserted in appropriate clauses. The employer submitted that there was a need for a definition of normal salary to enable calculations to be made regarding certain entitlements. That will be done if, during the course of drafting the award, it is found to be necessary.

Clause 8, Salaries (including classification structure levels, standards, progression)

The Association submitted that there should be seven classification levels from and including Recruit Constable to and including Deputy Commissioner. It was proposed that the classifications of unattached trainee, Junior Constable, First Class Constable, Senior Constable and Senior Sergeant should be removed from the existing rank structure to provide greater responsiveness and flexibility. The flatter structure was said to provide real broadbanding, and would reduce the use of higher duties allowance. The proposed levels were Recruit Constable, Constable, Sergeant, Inspector, Superintendent, Assistant Commissioner and Deputy Commissioner. Theis were seen to equate to the generally accepted levels of trainee, operative, leading hand, supervisor and manager. The Association submitted that the new flat, multi-skilled structure was appropriate to the small Tasmanian police force.

The employer agreed with the deletion of the classifications mentioned above, with the exception of Senior Constable, which it was argued should be retained as it was not an appropriate point in time to make that change and that it would be difficult to implement.

Finding:

I accept the submissions of the parties that the rank structure should be flattened by the removal of the Unattached Trainee, Junior Constable, First Class Constable and Senior Sergeant classifications. I accept also the Association's claim that now is the appropriate time for the classification of Senior Constable to be deleted. No good purpose will be achieved by delaying the development of the new structure.

Recruit Constable

The Association proposed that the term to be used should be Trainee Constable; that the trainee must be at least 18 years of age and no more than 45 years of age and have "a year 12 Certificate". The minimum education and age standard to be waived at the discretion of the controlling authority, provided the trainee had completed year 10 minimum. Remuneration at the rate of 90% of the Constable level was proposed. The employer's view was that a recruit had to undertake the training course established for the Tasmania Police Force and that the applicant had to satisfy the "physical, educational and other qualifications" prescribed by the controlling authority.

The employer also proposed the award include the requirement that a recruit undertake routine Constable functions under direct supervision prior to and/or as part of the recruit training program. In this respect the Association contended that the Constable's Oath of Office should not be administered until the period of training was completed.

Finding:

I consider that the employer's definition of the prerequisites for selection for training as a Recruit Constable more adequately meets the needs of the award and that part of the employer's classification standards will be inserted in the award.

The rate of pay for a recruit shall be 90% of the salary of a Constable Level 1. As to the allocation of Constable duties to a recruit, the employer would have to take great care to ensure proper supervision is effected and to ensure that neither recruit nor indeed others were placed in jeopardy or compromise. Care would also need to be exercised to ensure that the periods of time undertaking Constable duties were not prolonged.

It would be appropriate for the controlling authority to consult with the Association on the use of recruits in the training proposed. The award should reflect this condition.

Constable

In the Constable rank, the Association proposed twelve levels with a scheme of accelerated progression starting at level 4 which would recognise and compensate officers for training successfully completed and for the application of the newly achieved skills. These skills/competencies were very similar to those proposed by the employer which are referred to later. Progress would be by two levels annually. The availability of training courses and positions requiring those newly achieved skills generally speaking would determine the number of, and speed with which, officers would be able to take advantage of the accelerated progression.

A further plank to the Association's claim was that the performance of certain specified functions should enable a Constable, with 3 years "ordinary" experience, to commence at level 8 and progress, following a satisfactory assessment, by two levels each year. These specified functions were cited as:-

"(a) An expert in finger prints, ballistics, photography or handwriting;

(b) Detective;

(c) Crime scene examination;

(d) Instructor;

(e) Surveillance;

(f) Accident Investigation;

(g) One person station, or

(h) Master V Certificate and/or Unrestricted Coxswain's Certificate and is required to utilise these skills."

The claim by the Association was said to ensure that progression within a rank was skill or competency based. Within the Constable rank progression would be by the "attainment of additional skills through formal training and qualification, and by the application of those skills"7, together with the application of a process of annual performance assessment. This represented "a tightening up of the existing arrangements, where progression through the salary scale in each rank had essentially been based on years of service".8

It was claimed that the structure would provide incentives for experienced police officers at the operative level to stay as operatives. Under the Association's proposal it would be possible for a constable to achieve level 12, over time, without achieving any of the listed competencies, by successfully navigating 11 successive annual performance assessments.

The Association explained this change in the following manner:

"Mr President, progression is therefore regulated and not automatic, which in effect is the feature of the current system. And it means experienced constables who may otherwise be tempted to take promotion and move away from general duties or uniform work in the constable rank because of financial pressures, for example, family commitments, as they and themselves - as they and their children grow older, will have more reason to stay on the beat. We say, Mr President that this is desirable for the efficiency and effectiveness of the police force. It means not everyone, irrespective of their suitability will chase qualifications and accelerated progression.

We do not want square pegs in round holes. We argue this is a deficiency of the current specialist allowance arrangements by virtue of them being in addition to salary and not part of salary. We consider, Mr President, that the community is better served by a police force which retains a blend of youth and experience in its biggest sphere of activities - general duties work."

Transcript p.1618

The employer proposed a nine level rank with automatic progression, based on satisfactory performance, which would be halted at level 5 unless the Constable had attained one of the competencies, referred to earlier, which are now listed below.

"(a) Search and Rescue training and is or has been a member of the Search and Rescue Squad;

(b) Special Operations Group training and is or has been a member of the Special Operations Group;

(c) Crime scene examination training and utilises or has utilised these skills on a full time basis;

(d) An "expert" in finger prints, ballistics, photography or handwriting and utilises or has utilised these skills on a full time basis;

(e) Detective training and is required to utilise or has utilised these skills as part of their duties;

(f) Accident Investigation training and is required to utilise or has utilised these skills as part of their duties;

(g) Bomb Response Group Training and is or has been a member of the Bomb Response Group;

(h) Hostage Negotiation Training and is or has been a member of the Hostage Negotiation Group;

(i) Is undertaking or has undertaken duties in a one person station;

(j) Master V Certificate and/or Unrestricted Coxswains Certificate and is required to utilise or has utilised these skills;

(k) Undertaking or has undertaken duties as a Prosecutor in the Prosecution Section;

(l) Attained one of the following qualifications:

(i) Associate Diploma of Social Science (Police Studies);

(ii) Bachelor of Police Studies; and

(iii) Such other qualifications considered relevant by the Controlling Authority

(m) Other competencies approved by the Controlling Authority."

The major difference in opinion on those competencies was the employer's view that motor cycle training and work, and training in and use of the command and control system should not be regarded as competencies which should attract recognition by way of accelerated salary progression.

The Association's claim also sought an allowance of various percentages of salary to be paid to holders of tertiary qualifications.

The employer also submitted that certain full time specialists should receive an allowance in recognition of their additional skills in those specialist areas over and above the normal classification standards. The specialist areas were as a Detective in the Criminal Investigation Branch, prosecution work in the Prosecution Section, and as an "expert" in the Scientific Section. The allowance to be available to Constables after serving 1 year on the maximum salary.

Finding:

The general objectives of the two competing packages appear to have quite a degree of compatibility. Each one stresses progression based on the attainment of competencies which were utilised in the performance of their duties. Those objectives are endorsed and a scheme determined which will reward employees for attaining different skill levels which will provide the employer with a multi-skilled and flexible work force.

Annual progression from level 1 will depend upon a satisfactory performance assessment. Those officers who successfully attain one of the competency skill levels listed and who are engaged in duties requiring those skills shall advance one salary level within the classification.

The Association's application for a Tertiary Qualifications Allowance is dismissed as the matter is dealt with under competencies.

For the reasons submitted by the employer I consider it to be appropriate to provide an allowance to those officers who develop specialist skills in their particular areas and remain in that area for considerable periods of time. Accordingly an allowance equivalent to 50% of the difference between the top of the Constable scale and the commencement of the Sergeant scale will be provided to accommodate this need.

The employer considered that a Constable should not advance beyond level 5 of its proposed 9-level rank unless at least one of the competencies had been achieved. I consider there should be a barrier to advancement to the top of the scale where no special skill has been achieved, and accordingly I determine that barrier should be at entry to level 10.

Both parties were of the view that a number of specialist allowances should be absorbed into salary, and this has been done, with the exceptions being the special recognition of Detectives in the Criminal Investigation Branch, prosecuting section work and experts in the scientific section.

Sergeant

The Association submitted that the rank of Sergeant should commence at Level 1 in the ordinary course of events, but commence at Level 3 if attached to CIB, Scientific or Prosecution. Levels 4 to 7 would be available if a Sergeant had successfully completed the Inspector's course, was in charge of Divisional Headquarters, or Queenstown, was Senior Shift Sergeant at Hobart or Launceston, was OIC of CIB, Special Operations or Internal Investigations, or such other positions as agreed.

The employer proposed that there be only six salary levels with each new salary level due on the anniversary of promotion, and that those who undertake the Inspector's qualifying and development course should be limited to Sergeants in their third year.

Finding:

I am attracted to the submissions of the Association in this matter. The allocation of different starting salary levels for the positions referred to by the Association should adequately reflect the different levels of responsibilities of those positions. However, I consider only 6 levels are necessary; Levels 3 and 4 to be available in respect of CIB, Scientific and Prosecution; Levels 4 to 6 to be available to the last mentioned group which will be revised to allow the controlling authority some discretion.

Inspector

A similar argument to that in the case of the Sergeant's classification was put by the Association in relation to Inspectors. However, I find that the levels within this rank should be allocated by the employer with automatic advancement to the next salary level on the anniversary date of promotion. The classification will consist of three salary levels.

Superintendent

The Association's claim was for a three-level classification, whilst the employer submitted that the position demanded only one salary level. On the material put to me only one salary level appears to be justified in this classification.

Assistant Commissioner, Deputy Commissioner, and Commissioner

Both parties proposed single salary levels for these positions. The employer argued that the position of Commissioner should not be reflected in the award.

Finding:

I consider it to be inappropriate to regard the Commissioner of Police as an award employee for the purposes of this exercise; accordingly the position will not be inserted as a classification in the award. The positions of Assistant Commissioner and Deputy Commissioner each will be assigned a single salary level.

Classification Standards

The Classification Standards originally developed by the employer were opposed by the Association as being too restrictive and likely to create confusion and disputation, particularly in respect of the prevailing disciplinary provisions. That part of the standards which dealt with definitions of terms used was subsequently withdrawn by the employer leaving a series of generalised job descriptions which, for the most part, were similar in effect to that proposed by the Association. The Association's proposed standards contained prescriptions which repeated the statutory responsibilities of a police officer.

In the circumstances the standards proposed by the employer are approved subject to revision to accommodate the deletion of Senior Constables, and subject to certain minor corrections and changes to wording which do not affect the general thrust of these standards.

Salary Levels:

The Association's proposed salary levels are set out below:

With additional payments of one salary level to Constables in Charge of others, and a Constable Prosecutor to be paid as a Sergeant.

Assistant Commissioner not less than $70,000
Deputy Commissioner not less than $80,000
Commissioner not less than $95,000

It was submitted that specialist allowances should be absorbed into base salary. It was contended that with a broadbanded and multi-skilled workforce there should not be a need for the large number of special or skill-based allowances which had been so prevalent in the past. The Association said:

"I should point out that this notion of absorbing or including specialist allowances into salaries is a fundamental feature of the police round of special cases. It is more than anything else the essential restructuring exercise that's been undertaken. And we're saying we'll do it in Tasmania and in effect in Tasmania we're doing it, in my view more - even to a fuller extent than what's been done in the other areas."

Transcript p.1616

The Association submitted that the cost of its claim would be approximately $4,200,000 in a full year. The employer countered with the estimate that the claim would cost approximately $6,000,000 in a full year.

The existing award, in summary form, provides the following classifications and salary levels:

With limited advancement based on years of service.

The employer's proposed salary scale was constructed on the notion that there would be no work value or structural efficiency related increases, but simply an absorption of allowances which it estimated would average approximately 3.38% at the Constable and Sergeant levels, increasing slightly at officer ranks.

The employer's calculations produced the following scale, set out in Exhibit COP.74.

As mentioned earlier, I am satisfied that a case has been made out for a significant increase in salary at all levels within the rank structure. The scales below accommodate the work value and structural efficiency increases which I believe provide fair and equitable remuneration to members of the Force based on their value to the employer. The rates, which include the absorption of certain allowances, range from approximately 10% at Constable Level 1 to approximately 12% at Constable Level 12; at the rank of Sergeant from approximately 13.6% at Level 1 to approximately 10.7% at Level 6.

At the rank of Inspector the increases range from 10.7% at Level 1 to approximately 12% at Level 3, which includes the absorption of the compensatory allowance.

The increase for Superintendents which also absorbs the compensatory allowance, amounts to approximately 14 per cent. The increases awarded to the rank of Assistant Commissioner and Deputy Commissioner are of the order of 12 per cent.

Column A sets out the first stage of the phasing-in arrangement representing increases ranging from 4.3% to 6.5%, and includes the absorption of certain allowances. Column B sets out the second stage which is a 3% increase, and Column C sets out the third stage amounting to a further 3% increase.

Salary Movement Review (increment):

Both parties accepted need for annual assessment of employees' performance and set out appropriate provisions to regulate the manner in which such a review should be conducted. The major difference between the parties was whether or not part-time employees should be subject to a review.

I consider that part-time employees should be required to go through this procedure and the new subclause will contain appropriate provisions for this to occur.

The Association also submitted that a member should be able to appeal his or her performance assessment and I consider that too is appropriate.

A provision along the lines of that contained in the Association's claim will be inserted.

Accelerated Salary Advancement on Appointment

This proposed clause, which was agreed, sought to modify the method of appointment of persons from outside the Force to the rank of Constable and generally to regulate their progress and promotion within the Force. I decline to insert the clause as worded because the subject matter is expressly defined as not being an industrial matter for the purposes of the Industrial Relations Act 1984. A revised clause which deals with the salary level to apply to a person appointed from outside the Force would be acceptable. The parties are requested to draft an appropriate clause.

Calculation and Payment of Salary

The employer submitted a reasonably comprehensive proposal to regulate the payment of salary. The only contentious provision was the requirement for a member to give 30 days notice of intention to take paid leave of a minimum of 5 days duration. Given the employer's view that this limit was only inserted to overcome possible difficulties in the administrative process, and that every effort would be made to provide advance payment wherever possible, a subclause to this effect will be inserted in the award, together with the remainder of the proposed clause in COP.75, Clause 17.

Allowances

One Person Station Allowance:

Both parties were of the view that the allowance payable to a person operating a one-person station should be 30% of base salary.

The award provides at present that a person appointed to such a station shall receive an allowance in compensation for extra hours worked varying from between $229 per annum to $913 per annum. This allowance is payable in addition to the minimum rate applicable to a First Class Constable, fourth year of service and thereafter, or such other higher rate to which the officer is entitled by virtue of service. Further, the officer is entitled to an allowance of 27.5% of that rate in lieu of all overtime and penalty payments in respect of shift work and work on a Saturday, Sunday or on a public holiday.

The Association argued that if a person working in a one-person station worked more than 2125 hours in a year, such additional time should attract payment at the rate of double time. This was opposed by the employer on the basis that it had conceded an all up allowance of 30%. This was approximately 1.4% in excess of the existing 27.5% plus compensatory allowance which amounted to an effective 28.6%. It was argued that given the unsupervised nature of the work, calculation of entitlements would become an "administrative nightmare" and a flat 30% allowance to be included in salary was the most appropriate method of remuneration. I concur with those sentiments. The allowance will be 30% with no additional payment in respect of overtime.

Sergeant in Charge and Constable in Charge of a Station or Squad:

Both parties considered that an allowance of 2.5% of salary should be paid to a Sergeant or Constable in Charge of a station or squad, not including a one-person station, and an allowance of 1.25% of salary if the responsibility was deemed to be on a part-time basis. I accept this proposal and I accept also the position of the Association which was that the payment should be regarded as salary for all purposes.

The compensatory allowances payable to the Assistant Commissioners, Superintendents, and Inspectors contained in existing Clause 9.3 will be deleted.

Shift Allowances

Shift Work and Work on Weekends and Public Holidays:

The award at present provides that work on rostered afternoon and night shifts shall be paid an allowance at the rate of 15% of normal salary for each shift worked. An afternoon shift is any shift finishing after 6.00 p.m. and at or before midnight; a night shift is any shift commencing after 4.00 p.m. and before 6.00 p.m.; a day shift is worked between 6 a.m. and 6 p.m.

However, rostered shifts between midnight Friday and midnight Saturday attract an allowance of 50%, and rostered shifts between midnight Saturday and midnight Sunday and on public holidays attract a shift allowance of 100%. Payment for this work was said to represent an additional 14.53% on the base salary costs in the 1991/92 financial year. The Commission was informed that of the 1,000-odd force, about 120 were day workers.

The Association submitted a proposal which envisaged all police being shiftworkers; shift work between Monday and Friday and between 6.00 a.m. and 6.00 p.m. would continue to be at ordinary time only. Work outside the 6.00 a.m. to 6.00 p.m. span would attract a 15% shift allowance. Work on weekends and public holidays would attract the existing 50% and 100% allowances. The Association said it recognised the need to provide a more flexible and rational approach to shift work for police and that the changes were "most profound" and "most significant".

The Association said:

"We see a clear choice. A single body of police or a force divided into day workers and shift workers with retention of existing entitlements. In our view, this is unsatisfactory and undermines the notion of a 24-hour day, 7-day week service."

Transcript p.1676

It was contended that these new shift arrangements would produce "a saving of the order of 1% to 2%"9.

The effect of the new shift allowance arrangements on the Hobart Watch roster was canvassed and it was calculated that there would be cash savings of 1.7% in respect of payment for ordinary time. Potential savings in respect of Inspectors involved in shift work were said to be substantially higher.

Concern was expressed by the Association that it was difficult to be precise as to the impact of its proposals on individual officers, and accordingly it wished to reserve its right to come back to the Commission if its members were being disadvantaged as a consequence of the changes.

The employer also proposed that all police should be regarded as shift workers and receive a set allowance of 13% for all time worked as part of their standard hours. That is, work on Saturdays, Sundays and Public Holidays should be paid at the same rate as Monday to Friday work. It was claimed that the proposal was fundamental to the employer's long term goal of achieving a composite salary, and it was crucial to the effective use of police resources. Day workers, if they were retained, might be required to work, for example, Tuesday to Saturday, Sunday to Thursday, or any other combination depending on the needs of the operation.

The 13% allowance was put forward as a result of calculating shift and penalty payments for weekend and public holiday work as a percentage of total actual base salary expenditure for 1991/92. Earlier calculations (Exhibit COP.7) had produced for 1991/92 an estimate of penalties, shift and compensatory allowance payments amounting to 14.53% of base salary.

It was claimed at that time that an allowance of 14.35% for Constables and Sergeants, and 7.9% for Inspectors, would produce "nil extra cost to the department"10.

The employer said that one of the major problems affecting the efficient use of police resources was the application of shift allowances and penalty rates for weekend work. The employer remarked:

"In most police forces in the occupation of policing I think it is fair to say the majority of the work occurs in the afternoon, night and weekend time slots."

Transcript p.1953

and further:

"It is the commissioner's position that there is a crying ined to radically change, to ensure all impediments to the flexible use of the police work force are removed."

Transcript p.2771

The Association contended that the flat shift allowance rate of 13% would result in the earnings of police employed on the Hobart Watch roster being reduced by 9%. Such a possibility was harsh and unreasonable and contrary to the pronouncements of various industrial tribunals regarding negative cost cutting during structural efficiency exercises.

Finding:

There was no conflict between the parties on the general concept that the work of police was a 24-hour, seven day a week function. The Association proposed changes which were concessions to a rationalisation in respect of Monday to Friday work, and produced savings accepted as being of the order of 1.7%. The employer's view was that proposal failed to address the very real problem that, in many areas, the busiest period of the week for policing included a large proportion of the weekend, particularly Saturday and early Sunday.

I concur with the employer's view that introduction of a composite salary arrangement is one of the most critical elements in the move towards the development of an efficient and flexible police force. Given the small size of the Tasmania Police Force, flexibility, together with multi-skilling, is a paramount feature. The ability to roster the workforce over 24 hours, seven days a week where necessary, without the constraints caused by "high" weekend penalties, would be a significant benefit in terms of the Structural Efficiency Principle.

The award requirement for the payment of, respectively, a 50% and 100% allowance undoubtedly acts as a cost barrier to the use of adequate police resources at those times.

I accept that the special allowances of 50% and 100% for Saturday and Weekend work have been a feature of rates of pay for police for many years, and care must be taken to ensure that, overall, employees are not disadvantaged by any new arrangements to be introduced. This is not to say that the earnings of those who have been keen to work more than their share of the penalty shifts will automatically be protected or saved.

However, it will be incumbent upon the employer to devise and allocate shift arrangements on a fair and equitable basis to all employees in a particular work area. Indeed, it could well be appropriate to make use of personnel across work areas, given they possess the necessary skills, to ensure a proper allocation of shifts. The end result of such a process could mean that the gross earnings per annum of some members would be marginally less than previously, but there should be fewer weekends worked per person. It would also mean that other members who previously had not taken part in any or very much weekend work would be required to perform their share of these shifts.

As to the rate at which a flat penalty should be applied, I reject the employer's argument that 13% would be appropriate. Using the employer's own figures that rate, all other things being equal, would produce a reduction in the cost of salaries. I have given careful consideration to what is an appropriate flat penalty rate and I have concluded that a 17.5% allowance for all time worked would fairly remunerate those members in the ranks of Sergeant and Constable.

So far as Inspectors were concerned, the employer again proposed a rate of 13% which would be deemed to meet all overtime worked, whilst the Association proposed its common shift allowance formula and sought a compensatory allowance of 10% to cover overtime and other additional work (I have rejected the latter claim elsewhere in this decision). Again, I consider that the rate of 13% is insufficient for the purposes mentioned by the employer and I determine a flat allowance for Inspectors at the rate of 15% to meet all shiftwork, overtime and additional time such as availability etc., should apply.

Although neither party suggested it, it may prove necessary, at least in the short term, to maintain the day work provisions in the award to cater for certain groups and individuals who are required to work only Monday to Friday and between 6.00 a.m. and 6.00 p.m. No good purpose would be served by providing that a shift allowance should automatically flow in such circumstances.

Work After Hours

Availability:

The Association sought the inclusion of an availability and standby provision consistent with the existing award. The employer argued that since motor vehicles, mobile telephones and pagers were being provided there was no need to award a standby component.

The employer also sought the inclusion of a requirement for those on "availability" to return to work within a time limit imposed by the controlling authority and a provision denying the allowance to a member required to perform specific routine duties such as checking equipment or machinery. It was further argued that the provision was in line with the common conditions of service package to be dealt with by the Commission on the rationalisation of public sector awards, a process which may not now take place.

I am not satisfied that a sufficient case has been made at this stage for what is a substantial change to the method of applying the availability and standby provisions. Accordingly the existing award provision will be retained.

Recall (Call Back):

The employer's application sought:

(i) to exclude from this provision those categories of employees which, by virtue of other entitlements, were denied overtime or time off in lieu of overtime,

(ii) to reduce the minimum recall to three hours,

(iii) to provide that any other recalls within that minimum time period, i.e. 3 hours, would not attract any additional payment, and

(iv) to allow the employer to require the employee to undertake work, not associated with the original reason for the recall for the remainder of that minimum time.

The employer argued that these changes would enable the full use of paid time and the proposals were in line with the common conditions of service package for the public sector generally. It was estimated that the reduction from 4 hours minimum to 3 hours would result in a saving of approximately $78,500 in a full year.

The Association submitted that the existing clause should prevail and that no case had been made to effect such a radical change to the manner in which police operated. The Commission was told that if such a proposal was to be adopted the savings available to the employer should weigh heavily on the Commission's mind when deliberating on the final decision.

I am not prepared, on the submissions put, to reduce the minimum period for recall from 4 to 3 hours at this stage. However I consider it to be appropriate and in keeping with the Structural Efficiency Principle to ensure that the employer is given every opportunity to make use of time for which an employee is paid. Accordingly the award will be varied to reflect the other provisions sought by the employer in items (i), (iii) and (iv) above.

Consultative Mechanism

On the last day of hearing the employer proposed a revised process to facilitate ongoing consultation between the Police Commissioner and the Association. The Commission was advised in writing on 11 May 1993 by the Association that it accepted the revised proposal. Accordingly it will be inserted in the award.

Discipline

Both parties requested that the award indicate that members were subject to discipline in accordance with the Police Regulations Act 1898 and the Police Regulations 1974 and I approve such a request.

Expense Allowances

Camping and Sea Victualling Allowance:

The Association proposed that cook and food allowances should be payable where a person was required to camp or proceed to sea and was away overnight. The employer's proposition was similar.

However, the parties were at some odds as to the rate which should be paid where a cook is not provided and it is apparent that there is need for further submissions from the parties on this matter before any decision can be made which might vary the existing conditions.

Therefore leave is reserved to the parties to make further application.

Detective and Licensing Squad Allowance:

It was agreed that special duty allowances should be rationalised, the Gaming Squad allowance deleted as all Gaming Squad members were detectives and the Detective and Licensing Squad allowances combined. The Association proposed that a Detective and Licensing Squad Allowance should replace the old provisions to compensate members of such squads for out-of-pocket expenses. The employer proposed an out-of-pocket expense allowance for similar categories of employees. The Association was of the view that the rate payable should be $1349 per annum and the employer submitted the rate should be $1200 per annum. The award currently provides a number of different levels of payment ranging from $337 per annum for a seconded member to $1687 per annum to an officer or a sub-officer in charge.

In the circumstances I propose to adopt the single rate of allowance submitted by the employer but introduce the new provision put forward by the Association which will enable members of the squads to seek from the controlling authority reimbursement of incurred out-of-pocket expenses. The controlling authority to have full discretion as to the method of determining an appropriate system of reimbursement.

Incidental Expenses at Training Courses:

The parties differed little in relation to this particular clause and I accept the proposals that incidental expenses at the rate of $11.40 per day within Tasmania and $15.85 per day outside Tasmania be paid for attendance at a required or authorised training course or conference, or similar function where full board and accommodation is provided at no cost to the member. I reject however the proposal that the rate should be calculated on an hourly basis. I accept the employer's contention that this allowance should not apply to recruits undergoing basic training.

Isolated Area Expense Allowance:

Both parties proposed the inclusion of the existing allowances payable to members required to live in an isolated area to compensate in part for extra telephone, freight, fuel and depreciation. An appropriate clause will be inserted in the award.

Meal Expenses:

I accept the proposition put by the Association which reflects that contained in the current award. I am not prepared at this stage to insert the two subclauses proposed by the employer which were drawn from a draft clause which had been intended for use in the public sector generally, but which has not yet been tested.

Overnight and Relieving Expense Allowance:

The provisions regulating allowances officers should receive when performing work away from their normal place of residence overnight generated considerable debate. The Association submitted that their proposed clause fairly reflected the needs of employees and provided for a total daily rate for absences within Tasmania amounting to $105.40 and for absences outside Tasmania amounting to $146.85.

In addition, the Association requested the Commission to insert a provision which would require the controlling authority where providing accommodation for employees, to ensure that it was at the standard of a 3 star hotel or motel in accordance with the Royal Automobile Club of Tasmania's Accommodation and Touring Guide.

The employer submitted that the rate of payment should be in accordance with the rates applying generally in the public sector, which amounted to, at that time, $104.60 within Tasmania, $130.50 outside Tasmania, and in Sydney $145.75.

I am not satisfied that good reason exists for police officers, when travelling on business, to be subject to a different system of reimbursement of expenses than that which applies in most other public sector areas. Accordingly the proposal submitted by the employer is adopted.

I reject the Association's call for the controlling authority to be required by the award to provide a 3 star hotel or motel standard when providing accommodation for its employees, and I am prepared to accept the employer's assertions that wherever possible such accommodation will be provided.

The employer submitted that where a member was required to reside away from his or her normal place of residence for a period in excess of 7 days, relieving or assisting another member, the following allowances would be paid: $11.40 per day or such rate as the controlling authority may determine where full board and lodgings was provided by the employer, and where only board and accommodation was provided at the rate of $36.60 per day or such other rate as the controlling authority may determine.

I am not satisfied that sufficient material has been presented to warrant a change from the existing conditions in the current award (Clause 24.6). The matter will be held over for further consideration.

Plain Clothes Allowance:

The Association sought to reduce the Plain Clothes allowance to two basic categories, the first being a rate ($1338 p.a.) payable to any officer who was ordinarily required to wear plain clothes, the second being payment of a daily allowance ($5.19) if required to wear plain clothes on an occasional basis. The employer, in addition to the previous two categories, proposed a reduced rate ($1096 p.a.) to plain clothes officers who operated in that capacity for periods in excess of one year, and also a reduced rate for those who were required to wear plain clothes but who also were provided with protective clothing ($669 p.a.).

I reject the proposition that the rate for ensuing years should be reduced, but I accept the proposition that members who are provided with protective clothing only need a reduced allowance.

This clause will be drafted to accommodate the agreed position and the proposition that those provided with protective clothing do not need the full rate of payment of this allowance.

Flexibility in Employment

The award will contain a provision enabling the controlling authority to direct an employee to carry out such duties as are within the limits of an employee's skill, competence and training, provided that

(i) a Higher Duties Allowance is paid if appropriate in accordance with the award; or

(ii) the member's salary and allowances are not reduced except if the member is permanently transferred.

Such arrangements will conform with the State Wage Case Decision¹¹ of August 1991.

Higher Duties Allowance

The employer put forward a Higher Duties Allowance clause which was said to mirror a draft clause to be argued in the public sector generally.

Since the clause has not been adopted as a common condition in the public sector, I accept the clause put forward by the Association which substantially mirrors the existing Higher Duties Allowance provision but extends the period which must be served in the higher classification from 38 hours to 76 hours. The provision which excludes the operation of the Higher Duties allowance from those situations arising as a result of accrued days off taken in respect of the 38-hour week provisions, will also be included.

Holidays

The employer's revised Holidays clause was accepted by the Association as being reasonable for those in policing, many of whom are often required to work on Gazetted holidays. The Association regarded the acceptance of the clause as another indication of its readiness to assist in providing flexible working conditions. The employer's proposed new clause will be inserted in the award.

Hours of Duty

Both parties submitted that there was no technical impediment to the new award reflecting the proposed arrangements which would be of benefit to the employer in terms of flexibility since the new arrangements were within the existing award's expression of meeting the principle of a 38-hour week.

It is my view that since a provision for ordinary hours of work already exists in the award and the application does not attempt to alter the ordinary hours of work, this particular provision is exercisable by a commissioner sitting alone. Accordingly the award will be varied in the manner sought.

Leave

Bereavement Leave:

The employer proposed a clause which reflected existing conditions with the limitation that there should be a nominal limit of 3 days bereavement leave with discretion to grant additional time resting with the Commissioner. The Association sought complete discretion as per the existing Regulations.

The employer's proposal is approved and the effect of the new arrangement should be monitored to assess whether or not employees are being unduly disadvantaged.

Defence Service Leave:

The Association sought the inclusion of the provisions contained in the Police Regulations. That application is approved.

Long Service Leave:

Both parties requested the award contain a "signpost" directing the employee to the State Employees (Long Service Leave) Act 1950 for long service leave purposes. That application is approved.

Parental Leave:

The Association sought the inclusion of maternity and adoption leave arrangements. No provisions to cater for paternity leave were sought. The employer's application sought what fundamentally was a repeat of the unpaid parental leave standard set by the Full Bench dealing with the matter in relation to private sector awards¹² in 1992. Apart from the omission of a paternity leave provision the major difference between the two applications was the Association's request that the maternity leave provision should include an entitlement to use up to 12 weeks of sick leave credits as paid maternity leave in accordance with the current arrangement applying to State public sector employees.

The Association considered that paternity leave ought to be available in accordance with the special leave provisions and that there was no need for a specific paternity leave provision. That was based on the assumption that one week's special leave would be provided. Since it has not been provided in precisely the manner sought by the Association, I consider it to be necessary to provide a standard of unpaid paternity leave to safeguard employees' rights.

As to the question of including 12 weeks' sick leave credits as paid leave for maternity leave purposes, I consider that the existing arrangement which has applied in the public sector should be retained and expressed in the award. If there is a change to the existing public sector standard then application can be made, and tested, for its removal. In general terms, the new award provision should reflect the prevailing standard for maternity, paternity, and adoption leave with an additional provision allowing up to 12 weeks sick leave credits to be used for maternity leave purposes as is current public sector practice.

Recreation Leave:

The employer submitted that this clause should be referred for consideration by a Full Bench in accordance with Section 35 of the Industrial Relations Act, which states, amongst other things, that only a Full Bench may make an award -

"35(1) (c) making provision for, or altering a provision for -

(i) the amount of annual leave; and

(ii) the payment of wages or allowances during annual leave;"

The existing award makes provision for the payment of a recreation leave allowance but makes no reference to the period of annual leave to which a police officer is entitled. It appears that all police personnel are entitled to 42 days annual leave.

The Association argued that there was no impediment to a single commissioner making a first award based on existing conditions on these matters. However I ruled that the matter of the quantum of annual leave would be referred to a Full Bench. This referral will include the question of absorption of public holidays raised in the employer's application.

In respect of the recreation leave allowance provision, the existing conditions will be retained.

In respect of the remaining provisions, the parties' only difference of opinion related to the giving of notice when applying for leave. The Association submitted that, ordinarily, it should be 14 days; the employer sought a period of 30 days, where practicable. Normally periods of annual leave are built in to rosters and it is not unreasonable to expect, where practicable, 30 days notice of any wish to change the rostered leave time.

It will be the employer's responsibility to be reasonable in determining whether or not it would have been practicable for the employee to give 30 days notice, depending on the circumstances of each case. The employer's application in this respect is adopted, notwithstanding the final concession that it was an administrative issue and could be left out of the award.

Special Leave:

The Association requested the inclusion of provisions reflecting the existing conditions in the Police Regulations which give the Commissioner total discretion as to the number of days special leave which may be granted. The employer submitted there should be a nominal limit to the number of days of leave for special purposes and proposed an aggregate of 2 per year with discretion existing with the Commissioner to grant additional days. The employer's proposed clause provides only cosmetic changes as it still allows the Commissioner discretion as to the maximum number of days to be granted based on the circumstances of the case.

This application is granted and the award will be varied to reflect the provision sought by the employer.

Leave Expenses (Bass Strait Islands etc.)

It was submitted by each party that a member required to perform duty outside Tasmania in excess of 12 months should be entitled to travel home at the controlling authority's expense once each year. The employer specifically referred to the situation of members being seconded to the National Common Police Service and the Association referred to similar entitlements being made available to members who were required to serve on the two Bass Strait Islands.

It was a common view that the entitlement would be one return economy fare which also would apply to dependants of the member travelling with that member.

The employer also submitted the entitlement should not be cumulative, that is each year should stand alone, and that in respect of service with the National Common Police Service a member would have to complete 3 months continuous service before becoming eligible. The employer further submitted that a member who attended an interstate development program approved by the controlling authority of at least 3 moneas duration should be entitled to one economy return air fare for the purpose of a reunion visit during the program.

Such a clause reflecting those conditions will be inserted.

Meal Breaks

Both parties requested the insertion of a provision which would regulate members' entitlements to meal breaks. There was a difference of opinion relating to the amount of time per meal break to be allowed for those working on a 12-hour roster.

The Association originally submitted there should be two 30-minute paid meal breaks. The employer submitted that there should be two 20-minute paid meal breaks. The Association indicated it was prepared to accept the employer's view on a trial basis.

Accordingly the award will provide for two 20-minute paid meal breaks for those working 12-hour shifts.

The Association submitted that where the work location had 8-hour shifts, the majority of members at that location should decide the type of meal break to apply. The employer submitted that in respect of both 8 and 10-hour shifts the type of break should be decided having regard to the operational requirements of the Department and in consultation with the membership at that location.

I endorse the employer's proposal in this regard. A meal break provision taking into account these findings and the other agreed matters shall be inserted in the award.

Motor Vehicle Expense Allowance

The parties were agreed on this matter and an appropriate clause will be inserted in the award which reflects existing conditions.

Overtime

The provisions for overtime as proposed by both parties fundamentally reflect the existing award and an appropriate clause will be inserted in the award which indicates that a member, other than a part-time worker, may be required to work overtime, that overtime shall be all time worked on a rostered day off, or before the rostered commencing time, and after the rostered finishing time, but shall not include unpaid meal breaks or travelling time to and from a member's residence and his or her place of work, with the exception of circumstances involving call back. As is currently the case, overtime is to be paid at double time and time off in lieu of overtime shall be taken on the basis of the time equalling the actual period of overtime worked.

Those members not eligible for overtime shall be officers, members appointed to a one-person station, members required to perform sea going duties who are away from their place of residence overnight, a sergeant who is required to perform the duties of an officer and who while so doing is paid a higher duties allowance, and a member attending a recruit course, in-service course or other activity deemed to be a training activity.

Part-time employment

The Association submitted that its acceptance of part-time employment for the Police Force was a dramatic move on the part of its members and it held the view that this should be highly valued in terms of structural change in the activities of the Force.

However, two areas of contention required adjudication. The first being in respect of the Association's demand that it should be consulted before a member was allocated part-time work, notwithstanding the fact that the initiation of a move towards part-time work by a full-time member would rest with the employee. The employer was prepared to guarantee that consultation would take place with the Association on any part-time application, but it would not concede what appeared to be a right of veto resting with the Association.

The other area of contention related to the employer's view that reversion to full-time employment should be conditional upon funds being available to pay the employee at the full-time rate. Conversely, the Association submitted that reversion to full-time employment should be automatically available to a member by giving 4 weeks notice.

I consider it to be reasonable that where a full-time member wishes to make an application to work part-time and the employer is prepared to accommodate that wish, the decision should rest with the two parties, but that does not remove the need for consultation.

Similarly, I accept the proposition that the employer needs to be able to absorb the additional cost associated with the reversion of a part-time member to full-time employment.

In the circumstances the employer's submissions will be reflected in the award, but in both cases consultation with the Association will be mandatory.

The Association wanted part-time members to be paid "overtime" for all time worked in excess of the member's ordinary hours on a day or shift. The employer argued that overtime should be paid only after the hours worked exceeded a full-time member's shift.

The issue of overtime for part-timers is a difficult one; however one solution would be to permit the employer to require a part-time employee to work overtime only in exceptional circumstances and then only if the employee agrees. The rate of payment for the extra time worked would be at normal rates until such time as the ordinary hours were exceeded at which stage the overtime rate would apply. I consider this process should be adopted.

Rental Expenses

The parties were in agreement to a large extent on this question and the proposed clauses 29.1 and 29.2 of the Commissioner's draft are adopted. The provisions relating to single accommodation at remote police stations and rentals required in respect of seconded members of the ABCI, or the National Crime Authority, will be as per the Police Association's submission. All provisions reflect existing conditions.

Rest Period After Overtime

The Association submitted that there should be at least 10 consecutive hours off duty between work of successive days. The employer argued that the award currently contained a minimum of 8 consecutive hours and that that should not be extended at this time.

The employer's submissions are accepted.

Rosters

A number of areas of contention arose in respect of this proposed clause. In respect of shift sequences the Association submitted that rotating shift rosters should without fail follow the sequence of night shift, afternoon shift, day shift, night shift etc. The employer submitted that there may be occasions on which this might not be practicable and requested that this be reflected in the award. Whilst not being in a position to elaborate on the circumstances which might lead to such a problem, the employer was confident that such circumstances would be rare. That being the case I consider the award on an interim basis should mandatorily require the sequence requested by the Association. The parties should confer for the purposes of reaching a consensus in the matter.

Similarly, the provision of a minimum of 4 days rostered off after a night shift sequence was thought to be too restrictive on the employer who submitted that there generally should be 4 days rostered off, with a minimum of 3 days. The employer was at pains to express the intention to grant 4 days wherever possible.

The employer's position and undertaking is accepted and will be reflected in the award. I leave it open to the Association to bring the matter back to the Commission if this guarantee is not honoured.

Both parties requested the insertion of a subclause to enable a roster to be departed from in emergency circumstances. The agreed circumstances were:

(i) a state of alert;

(ii) a state of emergency;

(iii) a state of disaster, and

(iv) unforeseen circumstances.

However the Association requested that unforeseen circumstances should be those which have been declared to be an emergency by the Deputy Commissioner or the Commissioner, whereas the employer considered that any unforeseeable circumstances beyond the control of the controlling authority should be a reason for departure from the roster.

I agree with the submissions of the Association that the employer's request is fairly broad, but I have difficulty in accepting that the Association's fourth category of a declared emergency gives the controlling authority sufficient latitude to cover generally unforeseen circumstances. The declaration of an emergency, in the context of the Association's proposal, would appear to be subject to quite specific pre-conditions.

In the circumstances the employer's position is adopted, again on the understanding that the matter may be brought back to the Commission for re-assessment in the light of experience.

The employer proposed that a minimum of 7 days' notice should be sufficient for the purpose of giving notice of a change in an individual's roster, unless the member consents. The Association's claim sought a minimum of four weeks unless consent was given. Both proposals required payment at double time for that shift.

Currently the award requires 24 hours' notice of change to an individual's rostered shift, or payment at the rate of time and one quarter for any time worked within the 24-hour period.

In the circumstances I consider that the employer's proposal of 7 days' notice is fair and reasonable.

A roster shall be displayed for at least four weeks in advance of its operation and two weeks' notice of a roster change to a work area shall be required other than as a result of emergency or unforeseen circumstances mentioned earlier, or by agreement between the employees affected and the employer.

Progress with and implementation of rosters, particularly as to the points mentioned above, will be closely monitored and the Commission will arrange report back proceedings in accordance with the details set out in the implementation directions later described for the purpose of finetuning the provisions, if necessary.

Sea Going Allowance

Both parties proposed the continuation of this allowance calculated at 50 per cent of a normal day's salary and accordingly the clause will be inserted in the new award.

Transfers

The Association submitted that there should be a provision in the award indicating-

(a) that a member may be compulsorily transferred to another position if the exigencies of the Force require such a transfer, and

(b) indicating that member could apply to be transferred to a vacant position.

Whilst the employer did not dispute the content of the clause and in fact suggested there would be an advantage in having such a provision in the award, it was submitted that a transfer was an "appointment" and therefore was excluded from the jurisdiction of the Commission by virtue of the definition of industrial matter.

As mentioned elsewhere, the definition of industrial matter in Section 3(1) of the Industrial Relations Act 1984 provides that a matter relating to -

"(i) appointments, or promotions, other than in respect of the qualifications required for advancement"

shall not be regarded as an industrial matter for the purposes of the Act.

Clearly the Act as worded regards a promotion as being distinct from an appointment.

The two circumstances therefore are regarded as ones about which the employer should be entitled to make all decisions. Both appointments and promotions carry with them the characteristic that, in general, they are circumstances which are sought by the employee. Transfers, whilst they may, on occasions, be initiated by the employee, often are at the instigation of the employer, particularly in the Police Force.

Having given careful consideration to the wording of the Act and the practical application of the exclusion, I have formed the opinion that as a promotion is not an appointment, a transfer is not an appointment and that if transfers were to be excluded from the jurisdiction of the Commission they would have been referred to specifically as in the case of promotions. It is my view that the definition has been worded in a manner which allows the issue of transfers to be brought to the Commission for the purpose of award making and regulating and settling industrial disputes on the matter.

The insertion of such a clause does not remove the Commissioner's right to compulsorily transfer an officer to meet the exigencies of the Force etc., nor can there be any adverse reaction on the employer by permitting a member to apply to be transferred.

In the circumstances it is intended to insert such a provision in the award.

Transfer Expenses

An agreed clause reflecting current conditions applying in respect of the reimbursement of costs associated with a member's transfer in employment will be inserted in the award.

Uniform and Equipment

The parties were agreed that a clause should be included in the award to indicate that a member was entitled to such uniforms, equipment, badges of rank and protective clothing as provided by the Police Regulations Act 1974. Whilst this provision is merely an indication to employees as to the direction in which they should look for detail on this matter, I am prepared to insert the provision in the award and include the requirement that entitlements be as determined by the controlling authority in consultation with the Police Association.

Occupational Safety, Health and Welfare

The Association argued that the agreement reached between the Commissioner of Police, the Police Association and the Tasmania Public Service Association regarding occupational health, safety and welfare should be made an appendix to the award. The employer submitted that it was necessary only to "signpost" in the award the fact that an agreement existed which was made under the auspices of the Industrial Safety Health and Welfare Act 1977 (as amended).

The agreement deems the contents to be part of the conditions of employment within Tasmania Police and I am of the view that it would be appropriate, and not contrary to Section 42 of the Industrial Relations Act, to repeat the agreement as an appendix to the award. Employees and managers will then have ready access to this important document.

Compensatory Allowance for Superintendent and Inspector in lieu of Overtime, Availability and Disturbance of Leisure

The Association proposed that Superintendents and Inspectors should receive an allowance of 10% of salary in lieu of overtime, availability and disturbance of leisure. The Commission was told that at present these classifications receive, in accordance with Clause 9.3, compensatory allowances which amount to between .8 per cent and 5.2 per cent of salary for, variously, availability, standby, disturbance of leisure, and representing the Commissioner. On material provided in Exhibit PAT.86 it would appear that these allowances represent, on average, approximately 1.9% of salary for Superintendents and 3.8% of salary for Inspectors. Inspectors, in accordance with Clause 16.1 of the current award, are entitled to receive single time payment for overtime worked. The 10% claim was said to represent 2 and one-half hours overtime each week at a penalty rate of time and one half.

The employer submitted that officers, including a Sergeant required to perform the duties of an officer who receives a higher duties allowance while so doing, should not be eligible for overtime payments. However, Inspectors would, in the employer's proposal, be entitled to a 13% allowance which would be in lieu of payment for shift work and penalties for Saturday, Sunday and public holidays, overtime, availability, standby and disturbance of leisure. It was proposed that all these factors should be recognised in base salary in the case of Superintendents.

Given my intention to adopt the general thrust of the employer's argument in respect of moving towards composite salary, I refuse the application for a 10% compensatory allowance for Superintendents and Inspectors and note that the allowance which is to be provided for Inspectors under the shift loading provisions will accommodate all those additional factors. In the case of Superintendents, all additional work is contemplated in the spot salary determined in Clause 8.

Conditions of Employment for Commissioner Ranks

The Association submitted that there should be provision in the award to permit the Deputy Commissioner and Assistant Commissioner of Police to negotiate additional remuneration for conditions of employment in substitution for any other entitlements in this award. This clause was not supported by the employer. I do not intend to make an award in the manner sought at this stage.

Filling of Vacant Positions

The Association proposed the inclusion of a provision -

(i) requiring the employer to maintain a current central register of position descriptions of the establishment of the Tasmania Police Force, and

(ii) regulating certain processes to be followed by the employer when filling vacant positions.

The employer submitted that every endeavour was made to keep an appropriate register and that endeavour would continue. It was argued further that the proposed clause was in conflict with the provisions of the Industrial Relations Act 1984 which excluded from the definition of "industrial matter" in Section 3 a matter relating to -

"(i) appointments, or promotions, other than in respect of the qualifications required for advancement."

and in large part was provided for in the Police Regulations Act 1898.

Whilst I do not believe there is any restriction on providing a signpost in the award by referring to other legislation, the key features of the provision seek to regulate matters relating to "appointments, or promotions" and, as such, are outside the jurisdiction of the Commission. I therefore decline the request to insert such a provision in the award.

However, I consider that as a matter of good personnel management practice a register should be kept of position descriptions for each position in the Force and each vacant position, prior to filling, should be advertised in an appropriate medium to ensure that all potential applicants are aware of the vacancy. The selection processes, notices of appointment and appeals would follow in accordance with the provisions of the Police Regulations Act 1898.

Promotion Appeals

Both parties proposed a clause entitled Promotion Appeals which simply "signposted" the fact that a member was entitled to appeal against the proposed appointment of another member to a higher rank or position in accordance with the Police Regulations Act 1898 and the Police Regulations 1974.

Whilst I do not propose to insert other clauses which were sought in relation to promotion matters, I am prepared to approve this provision which simply alerts employees to the source of other employment entitlements provided the parties in drafting continue their agreement.

Sick Leave

The Association sought to reflect in the award the existing non-accrual sick leave provisions of 60 days sick leave on full pay and 30 days on half pay for each year of service as contained in Regulations 65 to 74 inclusive of the Police Regulations. The employer proposed a new scheme based on the accrual of 114 hours or 3 weeks sick leave for each year of service up to a maximum of 52 weeks. Under the employer's proposal an employee on sick leave would be entitled to payment calculated on the base rate of pay, that is without shift or penalty loadings.

The sick leave provisions for police would appear to be in need of review and the parties are urged to consult for the purpose of negotiating a more appropriate scheme. A fresh application should be submitted when negotiations have concluded or when one or other of the parties is of the opinion that no useful purpose will be served by further negotiations. In the interim the Regulations mentioned above obviously will continue to apply.

Sick Leave Bank

The Association's claim contained the proposition that an appendix be attached to the award which set out the objects and rules of an arrangement made by the Association to provide, for its members, what was known as a "Sick Leave Bank". It was argued that the terms of the Bank's operation were an agreement between the Association and the Commissioner and as such could be regarded as pertaining to the relations between employer and employees.

The employer argued that the Commissioner simply acted as an administrative agent for the Association because the Department held all the necessary records and that the decision-making process rested with the Executive of the Association. Accordingly it was argued that the arrangements for the Bank did not constitute an industrial matter, being purely between the Association and its members, and therefore should not be included in the award.

The Police Regulations provide for a Bank at present.

In the circumstances I am not prepared to accept the Association's claim that provisions for the Sick Leave Bank be inserted in the award.

GENERAL COMMENTS

The Association took the Commission through a most searching work value examination of the work of police in this State in an endeavour, a most proper endeavour, to achieve the best possible result for its members. The employer took the opportunity to challenge and test, most vigorously, those claims which it felt were not supportable, either as to fact or as to validity for consideration in a work value case.

I have applied myself to those facts and guidelines and have arrived at the conclusion that the Association has successfully demonstrated that there has been a significant net addition to the work requirements of police generally. That addition, as mentioned previously, has occurred in the areas of the changed nature of the work resulting from increased crime trends; the need to prioritise work and responses; increased skill and changed nature of work and accountability associated with new legislation; changed internal investigation practices; a change in police methods; a significant devolution of responsibility; increased stress levels and the nature of police training.

In the restructuring of the award the employer's plea to be able to utilise a more flexible and highly skilled workforce has been met by removing a number of impediments contained in the old award.

These factors, when added to the assessed work value changes, produce salary levels described at page 93 which, in my opinion, are fair and reasonable to employer and employee alike.

The application of these new rates will significantly increase the cost of police operations in this State. Unfortunately that is unavoidable because for some time the salaries of police, it is now clear, have not been commensurate with the work they have been required to perform. However, coinciding with the increased cost, the employer now has access to possibly the most flexible police force, in terms of award conditions, in the country.

As mentioned earlier, the phasing in of the increases will ameliorate the cost impact.

IMPLEMENTATION

Translation:

The new classification standards are to be used for the purpose of determining the new salary levels applicable to individual members.

The allowances deleted from the new award are to be absorbed against the first stage increases. In the event that the amount of the first stage increase due to a member does not exceed the allowances to be absorbed, the existing rate of pay plus absorbable allowances will continue to apply until Stage 2 commences.

The Consultative Committee, established by virtue of this decision, shall oversight the new translation process.

Rosters:

The Consultative Committee shall monitor the development of the new roster system which should commence to operate from the first full pay period commencing on or after 20 March 1994. It should continue monitoring progress with the system to ensure that a fair and equitable arrangement in terms of shift cycles and in terms of application to all work places is maintained. The Commission will be available at the request of the parties to resolve any disputed implementation matters.

OPERATIVE DATES

The operative date of the first stage of the increase, which is set out in Column A on page 93, will be the first full pay period commencing on or after 20 September 1993. At this time those compensatory and specialist allowances contained in Clause 9 of the existing award which are not transferred to the new award will be absorbed.

The operative date of the second stage of the increase, which is set out in Column B on page 93, will be the first full pay period commencing on or after 20 March 1994, which will include the introduction of the new shift loading provisions.

The third stage of the increase, which is set out in Column C on page 93, will be effective from the first full pay period to commence on or after 20 September 1994.

ORDER

The Consultative Committee should convene for the purpose of arranging the preparation of the award to give effect to this decision. The Commission will be available at the request of the parties to assist with the preparation of the draft order.

F. D. Westwood
PRESIDENT

Appearances:
Mr A. Apted, Mr M. Kadziolka, Mr T. Henley, Mr P. Mullett, and Mr K. Daniels for the Police Association of Tasmania
Mr F. Ogle, Mr T. Pearce, Superintendent C. Fogarty, Inspector M. Grant, Mr J. McCabe, Senior Sergeant M. Brazendale and Mr G. Appleyard for the Commissioner of Police
Mr C. Willingham intervening pursuant to section 27 of the Act, with Mr T. Pearce, Mr F. Ogle and Mrs W. Burgess for the Minister for Employment, Industrial Relations and Training, and assisting for the Commissioner of Police

Date and Place of Hearing:
1991:
Hobart
December 16
1992:
Hobart
January 15, 16, 17, 22, 23
February 19
Launceston
March 6
Hobart
March 10, 11, 17, 18, 23, 24
April 10, 15, 23
May 5, 6, 7, 28
June 9, 26, 30
July 7, 14, 29
November 4, 5, 6, 9, 10
December 10, 11, 17
1993:
Hobart
January 20, 21, 22, 28, 29
February 11, 12, 25, 26
March 9, 10
May 3, 4, 5, 10.

APPENDIX 1

APPENDIX 2

OCCUPATIONAL HEALTH, SAFETY AND WELFARE AGREEMENT

TITLE

This Agreement shall be referred to as the 'AGREEMENT ON OCCUPATIONAL HEALTH, SAFETY AND WELFARE' between Tasmania Police, The Police Association of Tasmania and the Tasmanian Public Service Association for the purpose of implementing the provisions of the Industrial Safety, Health and Welfare Act 1977 (Tas.) including the Industrial Safety, Health and Welfare (Administrative and General) Regulation 1979.

PREFACE

Health, safety and welfare is a priority issue for both management and the named unions and it is recognised that as policing is a high risk occupation that the parties to this agreement are obliged to do everything they can to minimise the risks.

OBJECTIVES

The objectives of this Agreement are:

(i) to provide all employees of Tasmania Police with a safe and healthy work environment; and

(ii) to enable employees and the organisations that represent them to be involved, together with management, in the formulation and implementation of safety, health and welfare policies and programs.

The involvement of employees in jointly determining with management the standards and criteria that define a healthy and safe place of work, does not make those employees legally responsible for any accidents or other adverse outcomes that may occur.

INTRODUCTION

Tasmania Police recognises that there is a legal responsibility to provide healthy and safe work places and that this responsibility is not diminished in any way by this Agreement.

The importance of developing and maintaining healthy and safe working conditions in all the Police workplaces and keeping the health and safety standards in these workplaces under constant review cannot be emphasised enough.

The purpose of this document is to set out the responsibilities of all parties and to establish a structural framework at workplace and management level within which all parties may be involved in protecting and advancing health and safety standards within Tasmania Police.

Management and employees will continue to strive to improve the standards in all workplaces, and will regard existing Standards, Regulations and Codes of Practice (such as those produced by the Standards Association of Australia, the National Health and Medical Research Council, and those that may be issued by the National Occupational Health and Safety Commission, or other Government Authorities) as the minimum acceptable levels.

All parties to this agreement and the members of all committees formed under this agreement shall have a responsibility to maintain and protect the privacy of individuals.

Any reference to 'Designated Workplace' shall mean any property or building owned or occupied by the Tasmania Police.

Any reference to 'Workplace' in this Agreement shall mean any premises, place, locality or geographic area in which any employees may be employed, and includes the properties or buildings owned or occupied by the Tasmania Police.

The joint involvement of management, employees and unions, in health and safety matters, will be achieved through the following agreed responsibilities and structural arrangements.

DUTIES AND RESPONSIBILITIES

1. Management shall:

(i) Strive to achieve the best possible standards in health, safety and welfare in all workplaces by complying with legislation, awards, regulations, codes of practice and Australian Standards. These standards shall be incorporated into formal written instructions developed by a Central Occupational Health Safety and Welfare Committee.

(ii) Maintain up-to-date records of Australian Standards, legislation, regulations, codes of practice and other appropriate information concerning dangerous goods, (including toxic material to which employees may be exposed within Tasmania Police workplaces) and on the health, safety and welfare of its employees.

(iii) Promote and maintain, as far as is practicable, healthy and safe workplaces under its control by addressing or providing;

(a) accident prevention and control;
(b) hazard control and removal;
(c) injury protection;
(d) rehabilitation; and
(e) training.

(iv) Define and where appropriate, advise and direct the levels of management responsible for implementing decisions of the Central and Local Health, Safety and Welfare Committees.

(v) Utilise or engage suitably qualified persons in occupational health, safety and welfare who are able to provide advice in relation to the health, safety and welfare of employees.

(vi) Ensure reasonable financial requirements in order to implement this Agreement.

(vii) Pursue the development of medical monitoring for all employees who have suffered any injury or disability (physiological or psychological) which has arisen from or has been exacerbated by their employment.

(viii) Provide appropriate certified protective equipment and ensure the adoption of measures to ensure its proper use.

(ix) Ensure that all employees are aware of their rights, duties and responsibilities as they relate to occupational health, safety and welfare.

B. Employees

All employees will follow agreed safe work practices, instructions and rules with the intent of avoiding risk of injury to themselves and others, and are responsible for:

(i) working and encouraging others to work in a safe manner;

(ii) discouraging others from working in an unsafe manner;

(iii) using safety devices and protective equipment correctly and not rendering them inoperative;

(iv) undertaking training programmes provided by the employer and deemed appropriate;

(v) reporting forthwith to their supervisor any situation which they have reason to believe could present a hazard and which they themselves cannot correct, and any accident or injury which arises in the course of or in connection with their work.

The success of a health, safety and welfare program ultimately rests on the willingness of everyone to cooperate and work collectively with a "team spirit". In this regard no employee shall be discriminated against for acting in accordance with the Industrial Safety, Health and Welfare Act or this Agreement.

C. Central Occupational Health, Safety and Welfare Policy Committee

The function of this Committee will be to:

(i) review legislation, regulations, standards and codes of practice to develop guidelines where appropriate to:

(a) identify potential health and safety hazards locally and overseas; and

(b) promptly investigate accident trends, including the determination of cause and contributing factors;

(ii) formulate and implement appropriate rules, procedures, programs and guidelines and to provide advice and assistance on health, safety and welfare matters for the workplace;

(iii) provide information with respect to health, safety and welfare in the workplace including the names of persons to whom an employee may make an inquiry or complaint in relation to health, safety and welfare matters;

(iv) inform employees of their rights, duties and obligations;

(v) allot responsibility for implementing decisions of Local Health, Safety and Welfare Committees;

(vi) consider and resolve, where possible, health, safety and welfare matters referred to it which have been the subject of dispute and not resolved at the workplace level. The Committee shall also have access to reports and information on matters resolved at the workplace level;

(vii) when it is unable to reach agreement or requires further information Tasmania Police shall refer the matter to a mutually acceptable agency or person with the appropriate expertise;

(viii) make available appropriate information on its deliberations and decisions throughout Tasmania Police;

(ix) co-ordinate Local Health, Safety and Welfare Committees and their activities;

(x) provide communication systems for:

(a) reporting hazards;
(b) acknowledging reports;
(c) investigation procedures;
(d) implementation of recommendations;

(xi) ensure compliance with all statutory obligations which may affect the safety of employees;

(xii) endeavour to reach consensus through the process of joint consultation;

(xiii) consider any matter raised by management or union representatives concerning the health, safety and welfare of employees.

The composition of the Committee shall be:

1. Chairperson representing Senior Police Management (1 vote);

2. A Senior Operational Police Officer (1 vote);

3. Two representatives of the Police Association of Tasmania, one of whom shall be a serving police officer, (1 vote each);

4. One representative of the Tasmanian Public Service Association or their nominees (1 vote);

5. A State Service management representative (1 vote);

6. Tasmania Police Welfare Officer (1 vote); and

7. Any Safety Officer who may be appointed by the Department.

All members of the Committee shall have one vote and there will be no casting vote for the Chairperson. It is intended that decisions will be by consensus.

The Committee shall meet at least every three months, but more frequently as circumstances dictate. Meetings shall be convened at the request of any three or more members of the Committee.

The Committee shall keep under review arrangements for the identification of potential safety and health hazards, the prompt investigation of accidents, the determination of causes and contributory factors and the implementation of corrective action.

The quorum for a Committee meeting shall be five but policy decisions require full representation.

All members of the Committee shall be allowed time off work to attend and prepare for meetings, courses, seminars or conferences and are to be reimbursed for any bona fide expenses as approved by the Chairman.

Meetings of the Committee may be arranged in other centres of the State as deemed necessary by the Committee.

Minutes of committee meetings shall be available to all Committee members, their organisations and employees covered by this agreement. They will also be forwarded to unions party to this agreement.

D. Local Health, Safety and Welfare Committees

In order to ensure consultation between Tasmania Police, its employees and employee organisations, and to obtain and maintain overall commitments by all parties to an effective health, safety and welfare program, Local Health, Safety and Welfare Committees consisting of employees and management shall be established to cover Designated Workplaces detailed in Schedule 1 (to be decided). The size of the Local Committees shall be kept as small as practicable.

The role of Local Committees is to facilitate cooperation between management and the employees with the intention of securing safe and healthy work environments.

The Local Committee shall meet bi-monthly and emergency meetings may be called at any time on the request of 2 or more members of the Committee. If there is a failure to agree on any item brought before the Committee, the matter shall be referred to the Central Policy Committee.

The Local Committees shall operate on the basis of solving problems as close to the workplace as possible and arrive at decisions and recommendations by consensus. Agendas and decisions of these Committees shall be posted for all employees to see.

Subject to the development of policy by the Central Policy Committee, the Local Committees will consider the adequacy of health, safety and welfare training programmes within their area of responsibility and refer recommendations to the Central Policy Committee for consideration.

The Local Committees will have as their terms of reference the consideration of any matter relevant to employee's health, safety and welfare raised by management or any employee.

The Local Committee will regularly consider:-

(i) written reports on accidents, injuries and incidents together with recommendations as to how such accidents, injuries and incidents can be avoided in the future;

(ii) results of all environmental and personal monitoring carried out at the designated workplace;

(iii) the causes for any unusually high occurrence of hazards and recommendations for their elimination;

(iv) results of all medical monitoring together with recommendations.

No new materials, new equipment or new work practices which may be dangerous, hazardous or harmful shall be introduced into any workplace or designated workplace until all available data concerning their likely safety and health effects have been evaluated by the Local Committee. In the case of chemicals full available data on chemical identity and toxicity shall be supplied to the committee for investigation and recommendation.

The Local Committee shall consider and settle health, safety and welfare matters referred to it which have been the subject of dispute and not resolved at local workplace level. The Committee will also have access to reports and information on matters resolved at the local workplace level.

E. Health, Safety and Welfare Representatives

Unions which are party to this Agreement shall arrange for the election and appointment, of an agreed number of officers as Health, Safety and Welfare Representatives and they shall be recognised as such by the Tasmania Police.

Representatives will represent employees on Local Committees established through this Agreement and will be accountable to those employees.

Management will be notified of the name of each representative and the designated workplace and workplace areas they represent.

Representatives will have the following functions and responsibilities needed to play a constructive and responsible role, and will include the right to:

(a) inspect the whole or any part of their workplace:

(i) at any time after giving reasonable notice to management; or

(ii) immediately in the event of any accident, hazardous situation, dangerous occurrence or immediate risk to the health, safety and welfare of any employee occurring.

(b) investigate potential hazardous and dangerous occurrences at their designated workplace and to examine the causes of these hazards, occurrences and accidents that may occur;

(c) have access to all health and safety information in the possession of management concerning products, materials or work practices used in their workplace;

(d) be informed of any accident or injury occurring in their workplace and to carry out an inspection of the site of the accident;

(e) be given copies of any reports (excluding legal advice, reports prepared solely for the purpose of obtaining legal advice and medical in-confidence information) prepared by management or consultants arising from injury, disease or accident occurring in their workplace, and to be present at any discussion between management and any employee concerning the accident, injury or disease if applicable and with the consent of those employees;

(f) have access to such other reasonable facilities and assistance as necessary to enable them to perform their functions and duties;

(g) be given time off, with pay, on any agreed basis to perform their functions;

(h) liaise with any appointed management representatives and external personnel and have access to resources retained by Tasmania Police, or to recommend the use of consultants to improve the knowledge of employees;

(i) recommend training to improve the knowledge of employees;

(j) be given time off, with pay, to attend any health, safety and welfare training courses approved by the Central Policy Committee;

(k) be consulted by management prior to all changes to their workplace which may have implications for the health, safety and welfare of the employees they represent.

Representatives will notify senior management representatives at their workplaces of the findings of their inspections and investigations, and will make any suggestions for improvements in working conditions, in writing. All such written submissions will be responded to by management.

Where a Representative considers that there exists at the workplace, an immediate threat to the health, safety and welfare of the employee working in that area he or she represents, then the representative may instruct workers to cease the work practice in that area of the designated workplace pending a full investigation by management and employee representatives. No wages will be lost during the course of such investigations.

F. Agreed Principles for Control of Working Environment

No new materials, new equipment or new work practices which may be dangerous, hazardous or harmful to employees' health, safety or welfare shall be introduced into any designated workplace or workplace until all available data concerning their likely health effects have been evaluated and their use endorsed by the Central Policy Committee.

All new equipment purchased by the Tasmania Police shall as a minimum, comply with Standards developed by the Tasmania Police, the National Police Industry or by such bodies as agreed by the Central Policy Committee including the SAA to minimise potential adverse health and safety effects.

G. Conclusion

The Agreement is now deemed as part of the conditions of employment within the Tasmania Police.

The Agreement is subject to variation by the consent of all of the parties to it subject to written notification and subject to review in twelve (12) months from the date of signing.

The Agreement will come into effect on the date of signing.

Signed for the Police Association of Tasmania
...........................
GENERAL SECRETARY

...........................
WITNESS

Signed for the Tasmanian Public Service Association
...........................
GENERAL SECRETARY

...........................
WITNESS

Signed for Tasmania Police
...........................
COMMISSIONER OF POLICE

...........................
WITNESS

Signed by the parties to this Agreement and witnesses thereto at Hobart this 31st day of October, 1991.

1 T2399 of 1990 et al.
2 T3119 of 1991
3 Transcript p.4
4 Transcript p.5
5 Transcript p.6
6 T4214 of 1993
7 Transcript p.1617
8 Transcript p.1617
9 Transcript p.1677
10 Transcript p.1948
11 T3069 of 1991, T3166 of 1991
12 T3077 of 1991