POLICE AMENDMENT BILL 2007

Wednesday 28^th November 2007

Rev Fred Nile, Leader of the Christian Democratic Party, has supported the ‘Police Amendment Bill 2007’ in the NSW Upper House.

“The Christian Democratic Party supports the Police Amendment Bill 2007. The bill implements a number of recommendations from the statutory review of the Police Act 1990, principally relating to employment provisions of the New South Wales Police Force, and provisions relating to improving the police complaints management process. The statutory review of the Police Act 1990 was completed in 2006, and a number of its recommendations for legislative reform were brought forward in the Police Amendment (Miscellaneous) Bill 2006. A number of other matters were raised during the review but further consultation was needed between the members of the Police Force, the Police Force itself and the Police Association. That consultation has now been finalised, and we understand that all stakeholders support the proposals contained in the current bill”, Rev Fred Nile said.

“The bill ensures greater consistency between the Police Act's employment provisions and the Public Sector Employment and Management Act 2002. It makes minor amendments to part 8A of the Police Act, which relates to the management of complaints made against police officers. This is an area of ongoing concern to police officers because of their sense that a multiplicity of organisations are now available to investigate complaints of various sorts, depending on the type and seriousness of the complaint. Nevertheless, many police officers are tied up for many hours dealing with the complaints that are made. Often the complaints are vexatious and nothing comes of them. However, one of the more serious effects on the morale of police officers is their concern that they do not get themselves into trouble in carrying out their duties. That now brings a degree of hesitancy into the role of police officers in this State

Police officers know there are so many avenues for complaints, that there are so many areas where, even without intention, they may make an error—in many cases, almost a technical error—which will cause them to face such complaints. I believe this is a serious matter, and I urge the Government as it reviews legislation affecting police to cut down the red tape, as it is referred to, as it has done in other areas, to review the entire complaint mechanism with regard to police officers in order to simplify it. This will allow police officers to concentrate on doing their duty, rather than having to look over their shoulder to ensure they do not fall into a trap—which, as I said, may be a technical or administrative trap—which affects their ability to carry out their duties.

The bill will improve the capacity of the Ombudsman to report and consult with the Minister for Police and the Commissioner of Police in relation to police complaints. I note the concerns raised by the Leader of the Opposition in relation to some aspects of the bill. The bill amends the Police Act to provide that an acting Commissioner of Police is to be appointed by the Minister rather than by the Governor on the recommendation of the Minister. The Minister for Police, the Hon. David Campbell, made it clear in his agreement in principle speech:

Such acting appointments would only be for short-term periods, such as when the commissioner is on leave.

I believe that is a perfectly acceptable procedure. Obviously, to involve the Governor in such appointments would entail additional administration and procedures, which is not required or necessary. It is a simple procedure in that limited category such as when the commissioner is on leave. However, to ensure the independence of the Commissioner of Police, it is important that the Governor retain the role of appointing the Commissioner of Police, which is an important function in this State. We support the bill”, said Rev Nile.