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TPAV JOURNAL VOLUME 96 | ISSUE 2 APRIL 2023

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A message from Wayne Gatt

14 War and Police

06 President’s message 08 Secretary’s report 12 Police Health

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Better together

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War and Police

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EBA23 – Turning talk into action

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Better together

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Noisy environments a danger to hearing

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TPAV is moving!

28 PPWPA Luncheon 30

2023 PFA National Police Bravery Awards

32  Police Legacy 35

Support from Open Arms

36 TPAV Member Rewards

Police Legacy

38

Maurice Blackburn

40

Berry Family Law

42

ESPA Property Advisors

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Pick of the shelf

CONTENTS

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First published in 1918, The Journal is the magazine of The Police Association of Victoria. April 2023, Vol 96, Issue 2 Published by The Police Association of Victoria 1 Clarendon Street East Melbourne VIC 3002

Free Counselling for Members

Phone: (03) 9468 2600 Email: [email protected] Facsimile: (03) 9495 6933 Website: tpav.org.au Facebook: @tpav.org.au Twitter: @PoliceAssocVIC Instagram: @tpa_vic

Retired Police Association

Editors Sandro Lofaro & Brendan Roberts TPAV Board Members Mr Karl David APM President 9468 2600 Ms Geri Porter Crime Command 8690 4377 Mr Dermot Avon Prahran Police Station 9520 5200 Mr Eamon Leahy Sale Police Complex 5144 2200 Ms Alex O’Toole Southbank Police Station 8635 0911 Mr Damien Peppler Family Violence Investigation Unit 5723 0806 Mr Mark Sims Kyneton Police Station 5421 2900 Mr James McLaughlin Public Order Response Team 8335 5512 Mr Justin Polwarth Centre for Crime Investigation 9566 9167 Mr Mark Amos Major Collision Investigation Unit 9565 9080 Ms Grace Wolahan SOCIT – Box Hill 8892 3292 Mr Peter Griffiths Hume Crime Investigation Unit 9302 8211 Senior Administration

TPAV 8581

Legal Manager: Chris Gorissen Manager, Wellbeing Services: Brett Coloe Finance and Corporate Services Manager: Michelle Kafer

Secretary: Wayne Gatt Assistant Secretary: Peter Abbey Chief of Staff: Tania De Carli Industrial Relations Manager: Chris Kennedy Member Engagement Manager: Emma Rili Communications & Marketing Manager: Sandro Lofaro

Members needing urgent, professional and confidential counselling should call Lifeworks on 1300 361 008. 24 hours, 7 days. If you’re soon due to leave Victoria Police as a sworn member, please consider joining the Retired Police Association. President: Ron Veldman Secretary: Phil Parson Phone: 0448 950 691 Email: [email protected] Website: www.rpavictoria.org PO Box 2238, Rowville VIC 3178 Police Veterans Victoria TPAV recognises the value PVV brings to our veteran community and encourage former members to join (there is no cost). Go to www.policeveteransvic.org.au Past & Present Women Police Association (PPWPA) Provides the opportunity for past and present women police to communicate, socialise, share friendships and support each other. Email: [email protected] Website: ppwpa.com The Police Association (Victoria) Journal The Police Association Journal is published six times a year. Published by The Police Association Victoria, 1 Clarendon Street, East Melbourne VIC 3002. ABN: 004 251 325. The statements and/or opinions expressed in this publication are not necessarily those of The Police Association Victoria or of its officers. The Association publishes all material herein from various sources on the understanding that it is both authentic and correct and cannot accept any responsibility for inaccuracies. Design/Printing The Creative Works (03) 8566 8000 www.thecreativeworks.com.au Advertising If you wish to advertise in this publication please call, Sandro Lofaro (TPAV Communications & Marketing Manager) during business hours on (03) 9468 2600 or anytime on 0419 311 427; or email at [email protected]. Please note that if you receive an unsolicited call or email from someone trying to sell you advertising space for this magazine, it is highly likely that it is fraudulent. The Police Association Victoria (TPAV) does not make unsolicited approaches to any organisation with the intention to sell advertising for this magazine or any other publication. If you receive such a call, please report any information you may have to TPAV on either (03) 9468 2600 or email [email protected] and we will investigate.

Cover Image: TPAV bids farewell to its Clarendon Street home of 22 years. Photo: Darren Tindale

IN THIS ISSUE

We’re leaving home

Honouring our veterans

After 22 years, TPAV is preparing to leave its Clarendon Street home and welcome a new era in Jolimont Street. With the imminent transition to the new purpose-built comprehensive member and services centre, located in the shadow of the MCG, Wayne Gatt explains the need for the organisation’s headquarters to reflect the growth and modernity of its membership, and to adapt to the evolving needs and expectations of our members.

For many of the 134 Victoria Police members who were conscripted to fight during the Vietnam War between 1964 and 1972, the transition from policing to national service and back to policing was traumatic and unacknowledged.

Stuck in the middle with you Another month, another high-profile city demonstration. The ‘Let Women Speak’ demonstration on the steps of parliament last month became another battleground of ideology, before descending into controversy when a group of neo-nazis began using a Hitler salute to taunt the crowd. Again, police were caught in the middle, and again they faced public criticism for their handling of the event. In his Secretary's Report, Wayne Gatt laments our watered-down move-on laws and addresses the misnomer that police have the luxury of choosing who they do and don’t protect during these types of events.

But, thanks to a dedicated team of veterans and supporters, the names and service history of the 134 members will be permanently displayed on a Veterans Honour Board at the Police Academy. In this edition of the Journal, we hear some of their stories and learn why they need to be told and recognised.

Proud partnership Earlier this year, TPAV was a proud sponsor of the 2023 World LGBTIQ+ Conference for Criminal Justice Professionals, which was held in Melbourne. The theme of the 2023 Conference was ‘Better Together’. The Conference focused on exploring strategies to unite criminal justice organisations and the LGBTIQ+ community in the decisions that impact them. In this Journal, we take you inside the conference and speak to members about their experience of being part of it.

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The Police Association Journal

PRESIDENT'S MESSAGE by Karl David

In our toughest times, our greatest supporters are there for us At times in the job, we can feel as though the world is against us, that the challenging and often dangerous work that we perform, doesn’t generate the outside support that it should.

That’s why it’s important to acknowledge those within the community that acknowledge the work of our members and policing more widely, by virtue of their care and generosity. The Prior Family Foundation is a philanthropic organisation with an interest in a range of social and community issues and initiatives. In recent years, it has been there to support police during some of our toughest times. The Prior Family Foundation is a significant, ongoing supporter of our policing charity partner, Victoria Police Legacy. When we lost four of our members in the Eastern Freeway tragedy in April, 2020, the foundation donated $100,000 to the Remembrance Fund established to support the families of the four officers.

The foundation subsequently provided a further $50,000 to VPL to assist with the professional development of 10 frontline Sergeants in 2022, all of whom attended a week’s personal development at the Australian Institute of Police Management in NSW. In December, when our Queensland colleagues suffered the tragic loss of two of their own members, Rachel McCrow and Matthew Arnold the Prior Family Foundation was there again, contributing $100,000 to the remembrance fund established by the Queensland Police Union. It’s important to know that when times are at their toughest, there are those outside of policing that appreciate what we do and show that appreciation in a generous and meaningful way.

tpav.org.au

The Prior Family Foundation has been there to support police during some of our toughest times.

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SECRETARY'S REPORT by Wayne Gatt

GOODBYE ST HILDA’S

HELLO JOLIMONT STREET! As I write this

message, I am standing in an office of our

current building

on the corner of

Albert Street and

Clarendon Street, East Melbourne, a

building many of you will know well.

This building has a fascinating history. Built in the early 20th-century for a tea merchant named James Griffiths, whose family was involved with Christian missionary work, the house became the Church of England Missionary Training Home for women missionaries.

building and made the bold decision back in 2001 to purchase it for our members. That decision has served our members well, both as an investment and a base from which to support you.

In the 1930s, it became the Church of England Deaconess House. In the 1960s, it was sold and turned into apartments. It served as the offices of architecture firm Bates Smart from 1982 until 2001, when The Police Association Victoria moved in and the building became our headquarters. It’s an important part of the Police Association’s and its members’ story.

Just like its original missionary owners, The Association has occupied this place for a mission of its own. For 22 years, this building has been a place you have relied on and entered in times of crisis and to seek support and protection. It’s been the place from which we have represented you, trained delegates, struck agreements with your employer and governments and from which we have spoken in your defence, in your interests and for your advancement.

I want to acknowledge the foresight of our Board and Secretary of that era, which clearly saw the potential of this

When we purchased this building, the police force was about 10,000 strong, and growing. With our membership

tpav.org.au

I am particularly excited that this will be a place where police and PSOs, past and present, can come together socially to celebrate important career milestones and to develop the solidarity so important in our line of work.

and staff now nearly double what it was when we first moved here, the needs of members both in metropolitan Melbourne and regional Victoria have outgrown our home. That is why the time has come for us to say goodbye to St Hilda’s and move to another location, one that can meet your needs today and your expectations into the future. We will move into our new modern stateof-the-art Member Service Centre, located opposite the MCG, in May. It will enable us to deliver more specialised services including psychology and health checks, while allowing us to continue to deliver our core functions of legal and industrial protection, but with the enhancement of embedded technology that has become essential in a post-COVID world.

For the first time, we will have a facility that enables conferences and consultation to occur with members under our own roof. It will provide us with the space and modern facilities to train delegates and safety reps and offer professional development for all members.

duty to protect these individuals from physical harm, somehow supported or accommodated their reprehensible behaviour. We know however, the role of police is to facilitate peaceful protest, not to choose a side, or allow bystanders to take justice into their own hands.

I am particularly excited that this will be a place where police and PSOs, past and present, can come together socially to celebrate important career milestones and to develop the solidarity so important in our line of work.

Frankly, it's up to governments to determine what is and isn't allowable in our state. This Government moved in its last term to outlaw Nazi symbolism, but that legislation didn't go so far as to outlaw the Nazi salute. It should have. And, if it had, then our members would have had the adequate tools to intervene and remove them.

Bricks and mortar are important for organisations like ours. We enjoy a rich history and prominence that needs to be fostered and advanced. This will be our home for many decades to come. I am sure that when we reveal our new Members Support Centre to you in coming editions of the Journal, you will agree the wait and the move to Jolimont Street will prove as prudent and worthwhile as our decision to purchase this building all those years ago.

Stuck in the middle In March we saw members embroiled in yet another controversial city demonstration. The Let Women Speak demonstration descended into a very heated and emotive public debate between warring ideologies and again, we found ourselves caught unenviably in the middle. The optics of Nazi salutes on our streets and in the vicinity of our parliament was nothing short of disgraceful. And predictably, some rushed to blame the police for allowing that to occur. In a way this is understandable, as the pictures on television screens of police seemingly protecting a group of neo-Nazis as they walked and made vile provocative salutes, gave rise to suggestions that police, by virtue of their

The Police Association moved quickly to defend our members in the aftermath of this demonstration, knowing full well the blow back our members would face. By explaining to the community what our role is at demonstrations of this type, we hope they gained the understanding of what needs to be done outside of policing to prevent disgusting occurrences like this from reoccurring. The Association was the first voice in the aftermath of this demonstration to call for legislation to be strengthened to make the Nazi salute and other neoNazi symbolism illegal. The Government was sensible enough to quickly agree. We hope that it takes a broader view in outlawing activities that seek to vilify and cause hate in our community. The precursors to incidents like these have often been called out by TPAV, leading to change. In February 2019, in the pages of this Journal, we spoke of how often police are stuck in the middle of right versus left protests, which put the health and safety of our members and the community in jeopardy. We advocated Continued overleaf 

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We are seeking a return to policy that allows police to retire at age 55, in circumstances where their superannuation nest egg sufficiently allows them to retire self-funded.

Time to stick together It would be easy for the Government to write off our pay claim because of the scarcity of income and the dire position of the state’s financial situation. This will be a difficult bargaining round for those reasons, but that won’t temper us from making a claim that takes our members forward and acknowledges the rigors they face and the contribution they make to Victoria every day. for regulation to ensure that parameters are put into place to ensure community safety at demonstrations going forward. We called for regulation that would enable police to move on troublemakers and prevent clashes that are often reasonably foreseeable and resourceintensive to manage. Sadly, this fell on deaf ears and so the issue and dangers linger. Until Victoria introduces change of this nature, this will not be the last time police are put into this position. Our NSW colleagues operate with legislation similar to what we have called for, where penalties apply for those that fail to operate within the requirements of a registered demonstration. This is particularly important given this government removed ‘move on’ powers that operated for police in these situations. Relying on breach of peace provisions has not proven to be effective in a range of situations, nor does it address a counter protest at the same location. We hope that common sense will prevail and that law makers look more closely and more deeply at these situations and ask what they would do if they were a police officer in that situation.

We have spoken to you all about our Log of Claims, which, when completed will be served on Victoria Police and the Government. Discussions will begin in earnest soon and we will approach bargaining in good faith and with your best interests in mind. This is the time we need you to stick together. This claim is one that serves all members, and individualism and self-interest will only serve to undermine the collective. We will talk to you more about how you can support our claim and our negotiation, but until that time, I urge you to trust the team that represents you. This team has so successfully fought for you over many rounds of bargaining and has always taken you forward.

A unique Super scheme for a unique job There has been a lot of talk this past month about superannuation at the federal level. The Government is moving to introduce reform to change rules regarding the gap in taxation for high superannuation balances. At the same time, the Government is also having discussions around legislating the intended objective of superannuation to guide future reform.

The Police Association has made a submission to the Federal Treasury as part of community consultation about what this reform and future guiding legislation should look like. It's a good opportunity for us to highlight limitations that exist in current superannuation arrangements, limitations that are having a detrimental impact on the health and wellbeing of police and PSOs. The requirement for police officers to wait until they are 60 until they can access their superannuation in most cases, is causing them to work longer in a profession that is known to have adverse long-term and cumulative health impacts. In many parts of the world, superannuation policy for police is different for this reason, allowing officers to retire earlier and with dignity. Our superannuation scheme does this in part, but given most cannot access their super until they are 60, superannuation policy is inconsistent with superannuation objectives. We are seeking a return to policy that allows police to retire at age 55, in circumstances where their superannuation nest egg sufficiently allows them to retire self-funded. It would be a smart move for range of reasons. It would eliminate absenteeism and illness that we see increase with members over the age of 55. It would lower the costs associated with this injury and it would serve as an incentive for people to join the profession and commit to a longterm career serving the community in a rigorous job. We are hopeful that our submission will be well received and I look forward to having the opportunity to discuss our point of view with federal politicians during this process.

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The Police Association Journal

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You also get the peace of mind of knowing you’re covered for the unforeseen, with ultimate choice around who treats you and where*. As public hospital waiting lists continue to blow-out, that’s got to be a weight off anyone’s mind. While the not-for-profit fund is relatively unknown to the average consumer, it’s been around for nearly 90 years and consistently puts some of the big players to shame in industry research. For instance, it currently holds the title as the #1 Health Fund for ‘Quality’, ‘Rebates’, ‘Service’, and ‘Trust’ according to the most recent ‘Healthcare & Insurance Australia’ report by IPSOS1. The fund has maintained a member satisfaction rating of 98% or above for the past 18 years running2. And, as the only health fund guaranteeing a 0% premium increase this year against an industry average increase of 2.9%3, that member satisfaction score is likely to be kept. Of course, there’s a catch, or two…. 1. It’s a restricted access fund, meaning you need to meet eligibility criteria to join – whether through your Police Health brand, or your Emergency Services Health brand. Specifically, you need to be a past or present worker or volunteer within Police, Fire, State Emergency, Water Response & Recovery, or Medical Response & Recovery (including anyone registered with the Australian Health Practitioners Regulation Agency (AHPRA).

Close relations of anyone matching that criteria are also able to take out their own policies, and this extends to parents, siblings, adult children, and adult grandchildren. 2. If you currently hold a basic or midlevel of health insurance, it’s going to seem expensive on the surface because you’ll be comparing low level cover to top level. But don’t let that put you off. Do the maths. Unless you hold cover purely for the tax benefits, the value of the benefits may well outweigh the cost for you and your family in the long term. As a final piece of good news, the process of switching insurers is easier than you might think, and any waiting periods already served through your current cover will switch with you. If you’re new to health insurance the process is still easy but waiting periods will apply – so the sooner you act the better. The right health cover really can be worth its weight in gold. Just ask Police colleagues Ash Huth and David Winter, who recently won Police Health’s annual referral competition: “ I first became a Police Health member around 18 years ago, and I’ve always been happy with the cover. Health insurance is a real priority for many police officers and their families – and it is for me. The quality of the cover and the service are particularly vital — and it’s also got to be good value for money.” Ash Huth, QLD Police

* Waiting periods and other terms and conditions apply. 1. IPSOS Healthcare & Insurance Australia Survey 2021; research conducted every 2 years. 2. Discovery Research, Member Satisfaction. 3. Department of Health & Aged Care.

“ I’d been with Medibank for over 30 years, most recently with their Silver combined cover, but I’d heard good things from a number of colleagues about the quality and value of Police Health’s insurance. Encouraged by Ash – who I worked with last year at the Police Service Academy – my wife Belinda and I decided to find out more. We were really impressed, not only by the value of Police Health’s Gold Combined cover, but also by the prompt, professional and friendly way in which the customer call centre handled our application. We’re delighted to be Police Health members.” David Winter, QLD Police

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The Police Association Journal

WAR AND POLICE Honour Board unveiled commemorating those who served as police and Vietnam Vets By Brendan Roberts

tpav.org.au

They chose to serve their community, but fate intervened and sent them to war. When they arrived home, these two worlds collided in a way that left many changed, often scarred and unacknowledged.

That was the sad and until recently, forgotten plight of 134 serving Victoria Police members who were conscripted to fight in the Vietnam War between 1964 and 1972. They had no choice to go – the random drawing of marbles bearing the day of the month they were born, chose for them. Many were assigned to serve in the Provost Corps, now called Military Police, 52 served in Vietnam and/or Southeast Asia and 82 served across Australia in various roles.

A cold welcome At the conclusion of their service, many arrived back at Victoria Police with the expectation that they would resume where they left off. “No welcome home. No refresher training, no welfare checks, straight onto night shift,” Dr Ray Shuey, a former member and conscript said. It was at this point, that for many the job they chose and the service that chose them, met head on. “We were all then confronted by the community backlash. In the front line of massive demonstrations against the Vietnam war. We were abused, kicked, punched and spat upon,” Dr Shuey added.

“We were all then confronted by the community backlash. In the front line of massive demonstrations against the Vietnam war. We were abused, kicked, punched and spat upon.” “Each member has a unique story of their journey through life before, during and after military service. “We left the police one day and started basic training the next day for six weeks at Puckapunyal. Goodbye to your family, girlfriend, and friends. No internet, no mobile phones.” And no recognition of their service and the legacy it left on many of the 134… until recently.

Deserved recognition In February, after a sustained period of research and campaigning by Dr Shuey and other dedicated former members to recognise these members in a meaningful

way, an honour board bearing their names and service details was unveiled. “It is a tangible symbol that joins other commemorative inscriptions at the Academy, acknowledging those who served in other fields of combat or peacekeeping operations. “When you consider that it was not a choice for you or your colleagues to have your police careers interrupted for two years and the considerable impact on you and their families, it is fitting that we acknowledge the outstanding achievements and service of yours and those who cannot be with us today.” More than 50 veterans were present for the unveiling of the board and at least 20 of the 24 veterans who have passed were represented by their families.

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Words of acknowledgement Assistant Commissioner Kevin Casey spoke of the importance and selflessness that this generation of police had on his generation.

“It is hard for those of us who have not experienced war service to fully fathom the challenges of readjusting to life back in a community service organisation.” Chief Commissioner Shane Patton

“Upon resumption of policing you were the leaders who we looked up to, who protected us, guided, role modelled and passed your experience, knowledge and police craft to us. “What my generation didn’t appreciate at the time were words that frame your duty, such as: honour, sacrifice, courage, heroism, loyalty and comradeship, no less than the spirit of the ANZACS.” Addressing the police veterans and families, Chief Commissioner Shane Patton acknowledged the organisation’s failings of these members at the time of their reintegration back into Victoria Police. “It is hard for those of us who have not experienced war service to fully fathom the challenges of readjusting to life back in a community service organisation. “I can imagine that as an organisation, and as a society, we were probably not

well-equipped to understand and support these men on their return and to give them their due recognition.” He said he was proud that this had changed significantly in the years since, but that couldn’t undo the damage it had caused many of the 134 names on that board. “We have come a long way since then in the way we treat members and assimilate them back into the organisation and we have clear policies and supports in place, but clearly, we didn’t do enough back then to support those who served and returned to police again, and for that I apologise to you and your families.” The honour board now sits proudly in the C Block foyer of the Victoria Police Academy in Glen Waverley. Said Assistant Commissioner Casey: “This location is the hub of all recruit training at the Academy and was selected because of its prominence to the many who traverse there every day.”

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The Police Association Journal

Turning talk into action Roadshow wraps up as Log of Claims is settled

tpav.org.au

After years of consultation,

culminating in a six-

week tour of Victorian

workplaces to discuss your draft Log of

Claims for EBA23, we now enter a critical

phase of the enterprise bargaining cycle as we prepare to finalise the LoC and serve it on

Victoria Police and the Government.

“We’ve been around the state, talking to members, providing clarity where needed, answering questions about what’s contained in the draft log and providing some clarity on how bargaining operates and what we hope to achieve for members over the next EBA cycle,” said TPAV Secretary Wayne Gatt. “To their credit, members have been turning up in numbers, they’ve been engaged and curious and they’ve been overwhelmingly supportive of what’s contained in the draft.” On 30 March, TPAV’s delegates from across the state met to discuss and debate aspects of the LoC and feedback received by members. Ultimately, they endorsed the content of TPAV’s LoC with some amendments.

The next stage in the process is for your elected Board of Directors to ratify the LoC, before it is presented to both Victoria Police and the Government in preparation for the bargaining process. “Rostering and reform at work has emerged as a paramount concern for members who tell us poor practice from Victoria Police is driving absenteeism, injury and ultimately departures from policing. Having our members adequately rewarded for the challenging work they do, particularly in this difficult economic environment, is also a high priority and we know that by having an active, engaged and united membership behind us, we stand a much greater chance of delivering that.”

When the Log of Claims has been endorsed by the Board of Directors, it will be available for members to view on the TPAV website.

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The Police Association Journal

BETTER TOGETHER LGBTIQ+ Conference for

Criminal Justice Professionals hits Melbourne

tpav.org.au

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Earlier this year, TPAV had the privilege of sponsoring the 2023 World LGBTIQ+ Conference for Criminal Justice Professionals. The Conference was hosted by Victoria Police in Melbourne and represented the third of its kind. Representatives from various nations that have a strong LGBTIQ+ presence attended, seeking inspiration to highlight and develop their own LGBTIQ+ networks and initiatives.

By Sophie Robinson and Jackie Pipe The purpose of these conferences is to provide opportunities for policing and criminal justice professionals from around the globe to come together and collectively work towards progressing the relationships that they share with LGBTIQ+ communities. This forum enables the sharing of ideas, strategies and best practices through workshops, panel discussions, case studies and lectures. The theme of the 2023 Conference was ‘Better Together’. The Conference focussed on exploring discussions and strategies that work to unite criminal justice organisations and the LGBTIQ+ community in the decisions that impact them. This involves fostering diversity and inclusivity through an intersectional lens, and collaboratively working towards common goals to better those relationships. The event featured keynote speakers, including Virginia Bell AC and Christine Nixon AO, who discussed how far Victoria Police has come in the LGBTIQ+ space and the work that remains to be done. TPAV Digital Media and Communications Officer, Jackie Pipe, said the conference offered some important insights into ways to create both stronger ties between criminal justice organisations and the LGBTIQ+ community, and a safer workplace for members of the community in their roles as workers.

“As a representative of The Police Association – the organisation that looks after the rights and entitlements and working conditions of Police and PSOs – it was not only important to hear about ways to equip Criminal Justice professionals in working with LGBTIQ+ community but also about ways of creating safer and more inclusive work environments for LGBTIQ+ criminal justice professionals as employees,” she said. “It was incredibly inspiring to see so many representatives sharing their experiences, learnings, and ideas for creating more inclusive environments for both members of the public and criminal justice professionals.

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The Police Association Journal

The most powerful way to move forward is to work collaboratively

with our community, as we represent our community.”

Sergeant Evelyn Hill

“Ultimately it was clear that having an inclusive, diverse, and representative police department or law enforcement agency is a crucial cornerstone for building trust, preventing bias and discrimination, and creating a more skilled and effective police force that can better serve and protect all members of the community.”

attempting to reconcile the relationship that policing and criminal justice organisations share with the LGBTIQ+ community. “In some countries, police have been completely excluded from being able to participate in pride events such as the Pride March,” she said.

Sergeant Evelyn Hill is a proud member of the LGBTIQ+ community and represented her peers at this year’s Conference.

“Although Victoria Police have had their challenges and adapted the way in which we participate in events, it is disappointing to know that elsewhere there are movements that are successfully excluding police.”

Evelyn spoke of the challenges faced by international jurisdictions when

For Evelyn, the highlight of the conference was having the opportunity

Conference Insights

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23

It’s quite apparent that

very quickly relationships that we have taken years to build can fall apart

overnight. Ensuring we are on the front foot

when it comes to the

community’s needs, will secure the longevity

of our work within the LGBTIQ+ family.”

Sergeant Evelyn Hill

to connect with LGBTIQ+ allies from across the globe, sharing experiences and discussing strategies to continue to enhance the relationship between criminal justice professionals and the LGBTIQ+ community. One of the stand out messages that emanated from the conference, Evelyn said, was the fragility of the relationships between policing and criminal justice organisations with the LGBTIQ+ community, and the need to continue to foster them. “It’s quite apparent that very quickly relationships that we have taken years to build can fall apart overnight. Ensuring we are on the front foot when it comes to the community’s needs, will secure the longevity of our work within the LGBTIQ+ family.” She emphasised the importance of repairing the relationships through acknowledgement and collaboration.

“Every apology we have made, however minor, is a major step forward to a community that has been waiting for acknowledgement and recognition of what they have been through. The most powerful way to move forward is to work collaboratively with our community, as we represent our community.”

Where to from here?

differ from those of the broader membership. TPAV has sought to achieve better entitlements for LGBTIQ+ members across previous rounds of enterprise bargaining, including the introduction of transgender transitioning support leave, assisted reproductive treatment leave and an inclusive form of parental leave that encompasses all parenting arrangements.

It’s clear that despite the great strides that have already been made by criminal justice professionals, there is still a way to go in showing support for LGBTIQ+ members.

However, we acknowledge that more can and should be done to enhance working conditions and entitlements for our LGBTIQ+ members. TPAV seeks to achieve such improvements through EBA23.

It’s vital that members of the LGBTIQ+ community, including the subcommunities within, have adequate representation both from Victoria Police and from TPAV. TPAV recognises that the needs of LGBTIQ+ members

To find out more about the Conference and previous entitlements that TPAV has achieved for members, visit the TPAV Pride Hub.

24

The Police Association Journal

Noisy environments

a danger to hearing Hearing loss can be an occupational hazard which usually results from noise (noise-induced hearing loss, NIHL).

might start to find difficulty in discerning speech once it exceeds about 3,0004,000 Hz.

By Dr Rod Pearce, AM Noise damage to the ear itself occurs because of exposure to intense impulse or continuous sound. When we talk about sound, we talk in terms of high- and low-frequency waves. Sound waves are movements of air molecules that our ears translate into sound, and frequency refers to the number of cycles these waves complete in a second. Low-frequency sounds are 500 Hz or lower, while high-frequency waves are above 2,000 Hz. Human ears can register sounds from about 20 Hz up to 20,000 Hz, depending upon the hearer. People with hearing loss usually have trouble hearing sounds in the higher frequency range. Speech usually falls within the 100 to 8,000 Hz range. People

Five-hundred Hz will create a rumbling sound in the lower frequency and you might feel the sound as much as hear it. A sound in the 500-2,000 Hz range will have a tinny or horn-like quality (medium-frequency sounds). Higher frequency sounds (usually above 2,000 Hz) are mostly within our hearing. When it gets up to the 10,000 Hz, it is the crashing cymbals or chirping birds. Ultrasound is a frequency (above 20,000 Hz) and too high for us to hear. In general, the tone at which we speak lies in the range of 100-120 Hz for men, but variations outside this range can occur. The pitch for women is around one octave higher. A child’s speaking voice is around 300 Hz. The greatest amount of hearing loss is typically around the 4,000 Hz region, known as the ‘4,000 Hz dip’. Problems with your hearing might present in different ways. It is important to get checked out if you have any concerns.

Symptoms Symptoms include: Tinnitus (ringing in the ear). Fullness or pressure in the ear. Hearing loss. An occasional feeling of dizziness. Difficulty hearing high-pitch sounds (birds, women’s and children’s voices). Difficulty understanding speech in background noise. A decrease in hearing very soft or very loud sounds.

Why is hearing loss in police? The reason police work causes hearing loss probably has as much to do with working in noisy environments as it has from using firearms. But any use of guns is associated with NIHL. Many have thought shooting only once or twice a year was unlikely to cause hearing loss. But in reviewing cases of acute acoustical trauma from gunfire, over 40 per cent had noticeable acoustical trauma caused by a single shot.

tpav.org.au

40% of cases reviewed

had noticeable acoustical trauma caused by a single shot.

Ninety-two per cent of all these traumatic incidents occurred within two metres of the firearm. Most (83 per cent) wore no ear protection when the traumatic episode occurred. The more you shoot, the more chances of having a gun go off near your ear. Occupational hearing loss is a wellrecognised condition which arises from industries or occupations (such as airline crews) with exposure to high noise levels. Many studies have been undertaken to assess the link between hearing loss and gunfire by military personnel. Only a few similar studies have been conducted in respect of police officers.

The middle ear functions to connect the sound waves from the external environment and transfer them to the inner ear. Middle ear anatomy consists of intricate relationships between nerves, blood supply, and muscles. The inner ear is made up of the cochlea – the auditory nerve that connects to the brain. Problems with hearing often come from a disease which damages the bones in the ear and stops sound getting through to the brain. An audiogram can measure this at specific frequencies and work-related damage shows up as a recognisable pattern of hearing loss.

Police officers are potentially exposed to multiple sources of noise, including vehicle horns, barking police dogs, and traffic noise. For police motorcycle officers, the noise exposure can range from 63 decibels to 90 decibels, and up to 105 decibels on open roads.

When there is a difference between ears, it is important to rule out things like wax in the outer ear, nerve damage, or tumour of the inner ear.

In a normal ear, the auricle (pinna) is the visible portion of the outer ear. It collects sound waves and channels them into the ear canal, where the sound is amplified.

About one in 1,000 newborns are deaf, one in 300 children are affected with congenital hearing loss of a lesser degree, and an additional one in 1,000

The statistics

becomes profoundly hearing impaired before adulthood. A cochlear implant might be a solution. The implant receives sound from the outside environment, processes it, and sends small electric currents near the auditory nerve. These currents activate the nerve, which then sends a signal to the brain. The brain learns to recognise this signal and the person experiences this as hearing. Amplification via hearing aids and/or assistive listening devices also provides options for many people with a hearing impairment. With the advancements in hearing aid technology, benefits can come in a variety of listening situations, including background noise. Hearing will decline with age but decreasing the risk of noise damage is important. Be aware of the amount of the noise at work. Protect your ears while shooting. The audiogram is a simple test and is readily available. Hearing aids or implants provide some alternative but protection is better than cure.

25

Noise-induced hearing loss is often overlooked.

20%off Discount off selected hearing devices** for TPAV members and close relatives

The hearing care team at Audika have extensive experience in assisting Victorian police members with noise-induced hearing loss, including assistance with Workers Compensation claims.

Book a free* hearing check near you today *FREE hearing health checks are available to adults 26 years and over ** Discount available to both TPAV members and close family. 20% discount is off Audika hearing aid(s) in the Optimal, Premium and Enhanced ranges, excludes devices in the Entry range. Discount is to be applied prior to any eligible health fund benefits and government subsidies being paid. Discount not available for WorkCover claims. Discount not available in conjunction with any other discount. Excludes any spend on accessories (such as re-charging units and remote controls), assisted listening devices, batteries and/or maintenance, consumables, spare parts, Ultimate Care package and any other service charge. Offer available on hearing aids ordered between 12th September 2022 and 12th September 2023. TPAV members must show their TPAV membership card (or if a close relative a copy of their family members card) at the time of ordering to be eligible for the discount. Close relatives are defined for this purpose as spouses, parents and children.

By phone

1800 094 962

We’re

moving!

tpav.org.au

Monday 29 May 2023

After 22 years, we will soon be moving only a short distance away from our current location...

to our brand new, TPAV Members’ Centre at...

70 Jolimont Street, East Melbourne VIC 3002.

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28

PPWPA

30th Anniversary Luncheon SAVE THE DATE! The Past and Present Women Police Association (PPWPA) is turning 30 this year. To celebrate this important milestone, a special celebration is being held on

Sunday 22 October We would love to see as many members as possible come together to help celebrate this special event. We encourage you to save the date – more details to come soon on our platforms, so stay tuned!

About the PPWPA The PPWPA was formed as a way of unifying women in policing, enabling past and present women police members to communicate, network and share in their experiences together. The membership includes serving and veteran women police members of any policing jurisdiction within Australia, Victoria Public Service members, Protective Security Officers, Police Custody Officers as well as women and men who work together with PPWPA members. Involvement in PPWPA events provides members with a unique opportunity to network and establish mentoring connections with experienced women in policing.

Proudly supported by

REPLACEMENT STILL TO COME

30

The Police Association Journal

2023 Nominations now open

2023 PFA NATIONAL POLICE BRAVERY AWARDS

Every day, police officers across Australia put their own life and safety at risk to protect members of the Australian community. The National Police Bravery Awards seek to recognise exceptional acts in exceptional circumstances undertaken by Australia’s police, and Victoria Police members are urged to nominate deserving colleagues for this year’s award. Open to police from all jurisdictions across our country, it is coordinated by the Police Federation of Australia (PFA) and judged by an eminent panel of serving and former police. “The important thing about these awards is that they are nominations for bravery, by police, for police,” PFA chief executive Scott Weber said. “There can be no higher accolade than to be nominated by your peers for such an award.” Terry and Marilyn Foster, parents of Senior Constable Kelly Foster, who won a Bravery Award posthumously after sacrificing her life to try to save another when they got caught in a whirlpool at Wollongambe Canyon One in Mount Wilson, NSW in January 2021.

Bravery means different things to different people. In the context of these awards, bravery is being defined as the willingness to remain in a place of danger when the opportunity arises to go to a place of safety or to go into a place of danger when you had the option to remain in a place of safety, or in turn, intentionally placing yourself

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31

NOMINATIONS

CLOSE

30 JUNE 2023

HOW TO NOMINATE This award has been developed for police by police and nominations are sought from officers across the country. While police work is inherently dangerous… some actions stand out.

The important thing about these awards is that they are nominations for bravery, by police, for police,”

Do you know someone who has performed an exceptional act in exceptional circumstances?

SELECTION CRITERIA 1. The nominee must be a sworn police officer from an Australian police jurisdiction.

into a dangerous situation to assist and protect others. To be eligible for nomination in the National Police Bravery Awards, members must have been a serving member at the time of the incident for which the nomination has been received. Where feasible, it is anticipated that the incident being recognised would have taken place in the preceding 12 months to the nomination, however exceptions could include where the matter is subjudice or if other unavoidable delays have occurred preventing the incident from being recognised in the preceding year in which it occurred.

“One of the important aspects of the National Police Bravery Awards, is that we have structured the nominations process to ensure that such acts of bravery, which are nominated for this award, are also forwarded to the Australian Honours and Awards Secretariat at Government House for consideration of bravery decorations under the Australian Honours system as well,” Scott said. The 2023 National Police Bravery Awards ceremony will be held at the Police Federation of Australia's Conference Dinner in Canberra in September.

Above: 2022 Bravery Award winner Senior Constable Benjamin Hammant, pictured with Kylie Hammant, risked his life to save others during an active shooter situation in Wyong in March 2020.

2. Nominees must have undertaken an outstanding act of courage or bravery, by selflessly putting themselves in harms way to protect others, going well beyond the call of duty. 3. Where feasible, the incident should have occurred in the past twelve months, however exceptions could include if the matter is subjudice or if other unavoidable delays have occurred. The online nomination form is available at policeweek.org.au/ bravery-awards and close on 30 June 2023. The National Police Bravery Awards will be presented in Canberra on 12 September 2023.

32

The Police Association Journal

Welcome

support By Detective Inspector Kate O’Neill

What a great start to the year we have had engaging, connecting and providing support to Police Legatees. The continued financial support of members means that regional lunches, getaways and events, as well as education grants, birthday gifts, driving lessons, mature age education support and financial assistance will continue throughout 2023 and beyond. There are many other great ways you can support Victoria Police Legacy throughout the year, one of which is the upcoming Run4Blue virtual race held in May. We’d love you to join us! Challenge yourself, your friends, your family or your colleagues. Join individually or create or join a team. Every kilometre will help raise funds to support Police Legatees. Whether you choose to run like the wind, take a leisurely stroll or get on your bike, every type of race is encouraged. If you’re unable to physically race, there are participation options for you too. All funds raised in Victoria go directly to Victoria Police Legacy. Visit run4blue.net to register or for more details.

Stay connected with us! @vicpolicelegacy @Victoria Police Legacy @victoriapolicelegacy @victoriapolicelegacy

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33

The social activities for me were one of the most helpful things during those years because they connected me with people of a similar age in similar circumstances."

Victoria Police Legacy

Caring for police families Victoria Police Legatee Senior Constable Brendan Mason

‘The influence Victoria Police Legacy had on my life’ Having grown up with two parents who were police officers, Senior Constable Brendan Mason’s connection to Victoria Police far pre-dates him joining. “I was that kid in playgroup who always said, ‘When I grow up, I want to be a Police Officer’ because I’d grown up hearing about Mum and Dad doing it and I always thought it sounded interesting.” After his father, Detective Sergeant Kenneth Mason, died when he was 16, Senior Constable Mason said Victoria Police Legacy provided a huge support and comfort for him, his siblings and his mother. “Losing a family member is obviously a tough time and it’s all the things you don’t think of during that grieving time that Police Legacy are there for. They know the policing world and they’ve all been through similar situations so they’re well across it and have a great understanding of where you’re at. They help you just process everything and

have such great experience in where they can help and what they can do.” During his later teenage years, Senior Constable Mason took part in many Victoria Police Legacy social activities and programs, which he said provided a great sense of connection to others with similar experience. “The social activities for me were one of the most helpful things during those years because they connected me with people of a similar age in similar circumstances as they were also Police Legatees. I’d always had that desire to join Victoria Police as an Officer, but after Dad passed away, the influence Victoria Police Legacy had on my life, through these activities, really cemented that desire and strengthened my connection to Victoria Police.”

Investigation Unit volunteers with Victoria Police Legacy, assisting on youth camps and helping other young Police Legatees who are going through similar losses he did. “It’s a good way to give back and keep that connection with Police Legacy going. They’re always looking for people to volunteer, particularly police members, and I thought it would be a great way to give back since they’ve done so much over the years to help make things a bit easier after losing Dad.” Senior Constable Brendan Mason, Victoria Police Legatee

Help make a real difference in the lives of Police Legatees.

This connection with Victoria Police Legacy is something Senior Constable Mason continues to foster today. After joining Victoria Police in 2018, the now 28-year-old at Melbourne’s Crime

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35

Support for those in Service be naïve to think the rate within the police force would be different.

The call to serve the community can come in many forms, but the willingness to risk one’s life to help a stranger in need is a sentiment that is rare in today’s society.

Phil Lette spent 10 years in the Army and is a Community and Peer Advisor for Open Arms – Veterans & Families Counselling. “As an ADF veteran and the son of a police officer, I know it is a bond shared by those in Defence and Police. Unfortunately, so too can the reluctance to seek support for mental health issues. For too long, members of both establishments would bottle up their concerns or simply just hit the bottle to relieve their stresses,” he said. “My father served for 24 years in the Tassie police force. I watched him struggle with many incidents; from being the first on scene at road accidents, to the tragedy that was Port Arthur. Needless to say, I wish I’d known 25 years ago what I know now of the mental health supports available.” Almost 10 per cent of Police in Victoria previously served in the Australian Defence Force and many police are members of the Reserve Forces. Around 44 per cent of veterans have a diagnosed anxiety or depressive mental health condition, and given the trauma that police see in their daily duties, it would

Open Arms provides free and confidential counselling and support to those police members with prior full-time Defence Force service, including their partners and children. The military-aware and traumainformed service offers an all-hours crisis telephone service as well as face-to-face support. The Open Arms website also provides information on living well and has many self-help tools. TPAV Wellbeing Case Officer Tracey Hammond said that for police who are not veterans, Open Arms offers courses to help them support veterans they might meet through their work. “The programs are designed to help you understand the military experience, talk

with people who may have thoughts of suicide, and build an understanding of different mental health first aid techniques,” Tracey said. “Having an understanding of the potential mental health issues associated with veterans will help you offer an individual a better outcome and might kickstart their recovery.” To learn more about how participating in an Open Arms program may assist your police work, visit openarms.gov.au. If you served in the ADF, or are the immediate family member of a veteran, Open Arms can provide free and confidential mental health support. Call 1800 011 047 or visit openarms.gov.au to find out more.

36

The Police Association Journal

ic With 39 icon s destination TPAV available to members

ith w s r e n t r s a t r o s e TPAV p R ks and

r a P A M R N

Mem discobers' unt

25% holid

betw ay sta een ys 7-14 days

TPAV has struck a partnership with NRMA Parks and Resorts that allows members to access an exclusive 25 per cent off holiday stays between 7-14 days at NRMA Parks and Resorts during low to mid-season.

To make a booking

With 39 iconic destinations available to TPAV members, all with varying seasonality calendars, members have a range of choice between location and type of site – including interstate locations!

3. E  mail your full name, contact number and email address, stating you TPAV membership, along with you preferred holiday location and preferred dates to [email protected]. NRMA Parks and Resorts will check availability and provide a quote to you, inclusive of the discount.

Simply browse the NRMA Parks and Resorts website ww.nrmaparksandresorts.com.au) to find a site you like and then check the seasonality calendar (www.nrmaparksandresorts.com.au/terms-conditionsand-policies/season-calendars/) for that location, ensuring your dates are in the 'low or mid-season' to find your next getaway destination at a discounted rate.

1. B  rowse the NRMA Parks and Resorts website to choose the Park(s) of your choice. 2. C  heck the seasonality calendar for that location to ensure your dates are in the low to mid-season.

4. Y  ou will be asked to present your electronic TPAV membership card on arrival.

Terms and conditions: You must be a member of the Police Association of Victoria. You will be asked to present your electronic TPAV membership card on arrival. Minimum seven (7) day stay, maximum fourteen (14) day stay. Subject to availability at time of booking. NRMA Parks and Resort Park rules, terms and conditions apply: www.nrmaparksandresorts.com.au/terms-conditions-and-policies/

e rs w n t r a p V A P T

Natio n Fleet al Prici ng! e nt i t lem

ith

i a d n u Hy

TPAV is proud to partner with leading automotive brand Hyundai to offer special fleet pricing on their passenger vehicle and SUV range. About this offer TPAV Members are now entitled to National Fleet Pricing under the Hyundai Fleet Program. Upon enquiring at a Hyundai dealership on pricing, members are to present their TPAV Digital Membership Card to staff to verify their eligibility. This offer is available at any Hyundai dealership in Victoria. Subsequent checks by Hyundai may then be made to TPAV to verify membership status prior to finalisation of purchase. This special offer also applies for vehicles purchased in the name of the member's spouse/partner. View Hyundai's extensive range of vehicles at hyundai.com/au/en/cars.

TPAV

e nt s mem for b e rs

Special Pricing and Dealership Locations Specific vehicle pricing is available upon enquiry at any Hyundai dealership. Go to hyundai.com/ au/en/find-a-dealer to find your nearest location. To provide an indication of how much less members can expect to pay, on average on the three most popular Hyundai models, the following table provides a reliable guide: Model Average Support across the model range i30 $1,800.00 Tucson $2,100.00 Santa Fe

$3,300.00

38

The Police Association Journal

Medical Negligence: Know your rights

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39

Medical negligence can cause devastating and long-lasting health problems for victims. Suffering medical negligence is likely to have a serious effect on you, your loved ones and your quality of life – especially if your injuries result in total and permanent disability.

It’s important to know you are not alone and you have a number of rights and options for getting justice.

What is medical negligence? Medical negligence arises when a health practitioner fails to take reasonable care and their patient suffers an injury as a result. It can include: • Delayed or a missed diagnosis, resulting in crucial treatment time being lost. In the most serious cases, this can mean a treatable condition becomes incurable. • Misdiagnosis, meaning failure to spot signs of an illness. • Informed consent, in which not enough information was given to a patient to allow them to give permission to undergo a treatment. • Surgical error, this can involve a surgeon, anaesthesiologist or other healthcare provider injuring a patient in a way that could have been avoided.

What are my options for redress? If you suspect you’ve been a victim of medical negligence, you have a number of options; make a complaint or issue a claim for compensation, or both. If your injuries have resulted in total and permanent disability, in addition to a complaint or a claim for compensation, you may also have insurance benefits that can be accessed under your superannuation policy.

Complaint Complaints are often a means of getting an explanation, apology, access to health records or in some scenarios, can

result in reimbursement of expenses. By making a complaint, the relevant complaint body will investigate the treatment provided to you and advise you of the outcome. If you are making a complaint for an explanation, apology, access to health records, reimbursement of expenses or because of a change in policy, then you can complain directly to the hospital/ medical practice. You can also raise the matter with the regulator in your state, which in Victoria is the Health Complaints Commissioner.

Compensation In addition to making a complaint, you may wish to investigate a claim for compensation for your pain and suffering and past and future expenses.

What do I need to prove to seek compensation? To be successful in a claim for compensation, it must be demonstrated that a health professional breached their duty of care and the treatment provided fell below a reasonable standard of care or was negligent. Once that has been shown, it must also be established that the negligent treatment caused you an injury, loss and damage. Each of the above elements needs to be supported by independent expert evidence.

Are there time limits to making a complaint or bringing a claim? Yes. You should act as quickly as possible in order to ensure evidence isn’t lost or destroyed, memories of events haven’t faded and there is enough time to prepare a case.

Complaints should generally be lodged within two years from the date of the incident. Strict time limits apply for bringing a claim for compensation and there are different time limits in each State and Territory, so it's important to seek legal advice as soon as possible. In most cases, a person has three years from the date of the incident to commence a claim.

Do your own research If you suspect you, a family member or a friend have been the victim of medical negligence, take time to consider all your options and what’s best for you. But if you are unsure on what you should do, it is worth getting expert advice on your rights and options. There are time limits which apply to some actions, so find out where you stand as soon as possible.

Next steps Getting back on track after suffering medical negligence can seem daunting, but with the right guidance, you can make it through the process.

For more information, talk to the Association’s preferred injury lawyers, Maurice Blackburn at www.mauriceblackburn.com.au or free call 1800 810 812.

40

The Police Association Journal

Permanent Disability Pensions and Family Law By James Turnbull, Principal, Berry Family Law

At Berry Family Law, we know that some members suffer stress or injury sufficient for them to need time away from work. We have represented, and are currently also representing members whose diagnosed injuries meet the criteria to place them on permanent disability pensions. These are available through the member's ESSS entitlements.

Given these members are in the Family Law environment, how then are their ESSS entitlements treated, and are they to be considered different to ‘normal’ superannuation? A recent Appeal Court decision in the Family Courts (Preston and Preston) handed down on 5 October 2022, has clarified how ESSS permanent disability pensions should be treated in Family Court property settlement cases. Whilst the appeal case concerned a defined benefit military pension in payment phase, that pension has the same characteristics as the permanent disability pension being received by a member who is no longer able to work and has met the ESSS criteria to receive it. That permanent disability pension is received under section 20F of the Emergency Services Superannuation Act 1986. Similar to the ESSS pension, the military pension was only ever payable to a defence force member whose medical condition justified it, and continues to justify it. The appeal case had gone first to a single Judge in Family Court. Her decision was appealed by the husband, who was the pension recipient to the Family Court's Appeal bench. In her decision, the first judge had to consider the proper legislated steps under the Family Law Act, which can be summarised as follows:

tpav.org.au

1. First, add up all of the assets, liabilities and superannuation of the marriage to determine the net asset pool; 2. Second, consider collectively, all of the contributions made by each spouse during the marriage to determine the percentage share of the net asset pool each spouse is entitled to; and 3. Third, after considering what each spouse may need in the future, work out if the percentage share should be adjusted if one spouse had greater future need. It is standard in family law property settlement cases to value each spouse's superannuation entitlement. Often these are split between spouses (equalisation of the entitlements is common), and if they are not split, their value is still included to allow for the fair division of the rest of the assets. Most super entitlements are simple to value and it makes sense to value them.

A pension paid via a super fund is a superannuation entitlement. But it is important to consider the nature and characteristics of these superannuation pensions. While a capitalised value can be calculated under accepted formulae, the reality is the pension is received as an income stream, and not as a capital sum. So they are different in nature to normal super entitlements. The Appeal Court found that the first judge had made two errors when considering the husband's permanent disability pension. She had been handed a capitalised valuation of the pension income stream. The Judge's first error was to include that capitalised value in the value of the net asset pool. The Judge should not have done so as the Husband could not commute his pension from an income stream back to a capital sum, and his wife was not asking for part of the pension income, though she could have sought that. For these reasons, the Judge made her first mistake.

41

The Judge's second mistake was to take the pension's income stream into account (it was about one thousand dollars per week) as part of the husband's income under step three above. The Judge consequentially found that the husband's income (due to the pension income) was greater of the wife's income. She therefore adjusted the percentage share to give the wife more of the net asset pool. This was an error too as it created a double count of the pension. The capitalised value of the pension had been included in the net asset pool and then the income value of the pension was considered as a future need factor in favour of the wife. The Appeal Court found the proper approach where the wife had not asked for a future share of the husband's pension income, was to only consider the pension as an income stream, which may permit a possible adjustment in the wife's favour, when considering all aspects of future need. The Appeal Court found that the pension cannot in those circumstances be given a capitalised value. In their own words about the double dip, the Appeal Court Judges found: "The primary Judge's methodology caused the pension to be impermissibly counted twice; first as an asset and then as source of constant income." If you are one of the close to about one per cent of members each year who meet the test and receive a permanent disability pension, and you have or may soon separate, it is important to seek specialist Family Law advice about your circumstances. As the preferred supplier of family law assistance to TPAV members since 2014, Berry Family Law has extensive experience in dealing with these entitlements and also dealing directly with the right people within ESSS. We offer a no-fee initial consultation and an ongoing discounted rates to all current TPAV members.

For further information visit berryfamilylaw.com.au or contact one of our specialist family lawyers on (03) 9397 2488 to get started.

42

The Police Association Journal

Selling in a tougher market As expected we are continuing to see pressure on the market from not only the interest rate rises but also the cost of everyday living. The market is volatile at present; however, we are still seeing properties sell and we are seeing some great results that are bucking the trend. Are these great results pure luck or is there certain things a seller can do to increase the chances of selling in today’s market? On the other end of the spectrum, we are seeing some properties sit on the market for up to six months with no interest at all. Let’s have a look at some Do’s and Don’ts when selling in a tougher market.

Luke Lawlor 0414 757 705

The Do’s for sellers  Be realistic, the COVID market has gone forever and it isn’t coming back.

There are still owners putting their properties on the market at the price they were quoted over 12 months ago and refuse to listen to logic. It doesn’t matter what someone tells you, what you need to get to move to that dream home or what you owe the bank, the market is the market, and your home is worth what a buyer is willing to pay.

 Invest some of your time researching the market.

When the market is going through a transition as it is at present you need to make sure you have the right information before investing your time and money into selling your home. Do not rely on what an agent tells you they can get, and don’t get excited about being told a high price which is unrealistic. You need to look at all the homes you will compete with but more importantly the homes that are similar in features to your home that have just sold. In a rapidly changing market, you should only look at sold results over the last four to six weeks as what sold four months ago is not relevant.

 Present your home in the best condition possible.

In today’s market buyers have a choice and they know it. Apart from price, the condition of a home is one of the most

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important factors in a buyer’s decision making. The cost of renovating has increased by up to 40 per cent over the last two years combined with the difficulty in getting trades. Buyers are far less willing to do works on a property than 10 years ago meaning homes in good condition sell faster and for more.

 Choose your agent wisely. In a tougher market you need a great agent, one that provides sound advice but also one that has the experience of selling in all markets. The reality is that the last 10 years has been relatively easy for agents, the market has been good, buyers have been competing for properties and prices have been on the rise year on year. In today’s market you need an experienced negotiator that knows not only how to market the property but how to negotiate with buyers to get you sold. I would estimate less than 10% of agents fall into this category so agent selection is critical.

The Don’ts for sellers Don’t over price your home. Preparing, marketing and selling your home is an expensive exercise and in this market you need to be spot on when pricing. If you are even slightly overpriced, you will not sell and you will be left with significant costs and no result. You only get one chance to launch your home to market, many owners want to list it high for the first four weeks and then adjust it later. In a rising market that is okay but in today’s market you cannot fix it later.

Move fast. Today’s market can run away from you very quickly as we have seen over the last twelve months. By being slow to react you can miss out on tens of thousands of dollars in a sale price. You should be reviewing your campaign on a weekly basis and react to the market conditions and buyer feedback.

Remember the big picture.  Most owners are buying and selling in the same market but get caught up on the value of their home and not where they are going. If prices are dropping on your home, then they are most likely dropping on the one you will be buying so financially you are still in the same position.

Don’t ignore the banks. There will be some mortgage stress for some owners especially if they own multiple properties. There are 700,000 homeowners coming off fixed rate loans this year who are about to experience a significant increase in repayments. If you are noticing things are getting tough, don’t wait until the last minute when the banks come knocking. Get on the front foot so you are in control of the sale, not them.

This is a FREE service to all current & retired members For more information on Emergency Services Property Advisors, visit the website at espropertyadvisors.com.au, or call Luke directly on 0414 757 705.

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The Police Association Journal

Camp Zero By Michelle Min Sterling Published by Hachette Australia

The old world is broken. Be part of a better future. America, 2049: Summer temperatures are intolerably high, the fossil fuel industry has shut down, and humans are implanted with a 'Flick' at birth, which allows them to remain perpetually online. The wealthy live in the newly created Floating City off the coast, while people on the mainland struggle to get by. For Rose, a job as a hostess in the city's elite club feels like her best hope for a better future. At a Cold War-era research station, a group of highly trained women with the code name White Alice are engaged in climate surveillance. But the terms of their employment become increasingly uncertain.

And in a former oil town in northern Canada called Dominion Lake, a camp is being built – Camp Zero. A rare source of fresh, clean air and cooler temperatures, it will be the beginning of a new community and a new way of life. Grant believes it will be the perfect place to atone for his family's dark legacy. Everyone has an agenda. So who can you trust? Could falling in love be the most radical act of all? Thrilling, immersive and disturbingly prescient, Camp Zero is about the world we've built and where we go from here.

WIN! YOUR OWN COPY For your chance to win a copy of Camp Zero, simply email [email protected] and answer the following question: What Italian city, starting with ‘V’ is known as ‘the floating city’?

Entrants are asked to please include their full name and registered number, if applicable.

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TAXTOPIA By ‘The Rebel Accountant’ Published by Hachette Australia

An anonymous accountant provides an eye-opening expose of the dubious tax practices of the super-rich and the broken global tax system. In TAXTOPIA a rogue accountant breaks ranks to share his journey from clueless naif to skilled tax consultant – and in doing so blows the lid on the murky world of making the tax burdens of the ultra-wealthy disappear. In the topsy-turvy world of tax avoidance, you can get richer by buying a yacht, the world's biggest exporter of coffee is Switzerland, and billionaires like Jeff Bezos, Donald Trump and the Duke of Westminster often pay less tax than you do.

Written with sharp wit and brimming with inside secrets, the anonymous author shows us that not only does the global tax system encourage dubious practice which favours the rich, but that it was specifically founded with that in mind.

WIN!

If you suspect that tax is a rigged game, a con, designed to fleece the little guy, you are about to find out just how shockingly true that really is.

For your chance to win a copy of TAXOPIA, simply email [email protected] and answer the following question:

Welcome to TAXTOPIA.

YOUR OWN COPY

Elon Musk is one of the top five richest people on Earth, which brand of car did he co-found? Entrants are asked to please include their full name and registered number, if applicable.

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bankvic.com.au | 13 63 73 | BankVic App | In branch Police Financial Services Limited ABN 33 087 651 661 trading as BankVic | AFSL and Australian Credit License 240293.

Are you selling your home? We provide a FREE service to all current and retired police. We do all the research We hold the agent accountable We eliminate wasted costs We make sure you get the best price We make it stress free

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www.espropertyadvisors.com.au Luke Lawlor 0414 757 705

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